Cabot financial Belgard solicitors

Wasphead

Hi Lee, Belgard Solictors are the legal wing of Cabot, so they're just putting the squeeze on you to get you back to paying some money. Worst case scenario is they take you to court and get a judgement against you. That means the court will decide based on your means how much you should pay back.
This doesn't seem to be what Cabot want though, as they have issued a "claim notice" against me in the past to which I gave "notice to defend" and they never sought a court date.
Cabot have since sold this debt to "you guessed it" Cabot, the newly regulated Cabot that is. So this may be why they've restarted the letters.
Bottom line, if you don't have the money, there's not a lot they can do, other than keep threatening you with court and whatever else they can come up with.
Don't contact them by phone! Letters only.
Request all information relating to the debt without acknowledging it, up to and especially the "Deed of Assignment". Also look at the possibility of the debt being statute barred. If it goes to court you could ask the judge to declare the debt statute barred if its over 6 years. That's not to say the judge will declare it barred but it would be part of a defence, among other things.
Don't let it bother you too much, very very worst case for you or anyone in your position is the courts take control of the debt payment structure, which also allows you to apply for variations if you can't afford what the court decides.
Get your head around that worst case situation and all of a sudden the threats from Belgard and Cabot are deflated to the level of the ink on the paper.
I can only offer advice based on my own experience of dealing with these, lets call them reprobates.

Jim2007

Wasphead wrote: »

Don't contact them by phone! Letters only.
Request all information relating to the debt without acknowledging it, up to and especially the "Deed of Assignment". Also look at the possibility of the debt being statute barred.

If that debt was indeed statute barred, then such a request would most likely be considered by the courts to reset the clock.

Wasphead

I'm not so sure that requesting more information about an unsolicited request for payment would constitute acknowledging the debt. Have you ever heard of such a thing happening? As you know, stranger things have happened!

Darc19

Be very careful thinking that because the debt is six years old, then it's statute barred.

A lot of people with no experience of financial matters will be quick to offer their opinion, usually because of their dislike of debt collectors but rarely it is correct opinion.

If you made an offer in writing to pay 50% of debt in 2014, then it's not until six years after this that you can apply for it to be statute barred.

And remember that all that means is they cannot pursue you through the courts, it can stay on their books forevermore if they wish and possibly stay on your credit record too.

Imo, it's best to employ the services of a financial advisor to negotiate any reasonably sized debt. It might cost €500 or so, but it can take the stress away and probably reduce the amount owing.

Jim2007

Seeking legal advice like this over the internet is a really bad idea, because you don't know who you are getting it from nor their agenda. And furthermore, we don't know all your circumstances. A few observations

now I realise this was not fair lending practice

There is no such thing, you are an adult and society assumes you are capable of dealing with your own affairs. The alternative is to claim incapacity and I doubt you want that.

so I decided I would not entertain anyone from their company again.

Just because you decide not to engage with them does not mean that the clock stated running on the debt become statute barred. If they continued to make attempts to contact you then it never started to run...

so just wondering is this a holding letter or to extend the statue limitations it is bound to be nearly up

No idea in both cases... we don't know if the statue of limitations is in play or not, that is for the courts to decided. The timing is interesting, but it could also just be your turn.... a couple of summer interns joint the staff and have started to sort through the loan books...

And again as to the outcome, we don't know all your circumstances - you may think you can't afford to pay, but that does not mean the courts will agree with you... do you have any other assets they could go after: a car for instance? Did anyone go guarantee on the loan for you - a parent perhaps?

Seek proper legal advice.

leeald

Cheers for your reply I was just wondering from other peoples experiences what was the next step as it is gone off my credit file the last 3 years and absolutely nothing about GE or Cabot on there. I have had a loan (paid in full) a active credit card and a active overdraft since so I thought when gone off credit file it was wrote off as bad debt.


Obviously I would seek professional legal advice if it does indeed go to court but it was just bit out of the blue was the reason I was looking for some advice.

I know I am an adult but a bank have to follow their own guidelines "Stability Ability and willingness to pay" before lending so this was the reason I made that statement about irresponsible lending.


Thank you for your reply I really appreciate it

Lee

Jim2007 wrote: »

Seeking legal
advice like this over the internet is a really bad idea, because you don't know who you are getting it from nor their agenda. And furthermore, we don't know all your circumstances. A few observations



There is no such thing, you are an adult and society assumes you are capable of dealing with your own affairs. The alternative is to claim incapacity and I doubt you want that.



Just because you decide not to engage with them does not mean that the clock stated running on the debt become statute barred. If they continued to make attempts to contact you then it never started to run...



No idea in both cases... we don't know if the statue of limitations is in play or not, that is for the courts to decided. The timing is interesting, but it could also just be your turn.... a couple of summer interns joint the staff and have started to sort through the loan books...

And again as to the outcome, we don't know all your circumstances - you may think you can't afford to pay, but that does not mean the courts will agree with you... do you have any other assets they could go after: a car for instance? Did anyone go guarantee on the loan for you - a parent perhaps?

Seek proper legal advice.

leeald

Thanks a million for the reply. I just kind of got a state of panic when I seen the letter I would certainly like to clear the debt and be done with them but this doesn't look likely for the foreseeable future anyway.

Jim2007

leeald wrote: »

I thought when gone off credit file it was wrote off as bad debt.

Just because a company decides to write off a debt, does not mean that it will not be pursued, it just means that they think it is uncollectible and will claim it as a tax deduction.... It is just an accounting entry.

They are still entitled to pursue it or sell it on. If they get something out of it then they will simply write it back into the next years accounts.

Hannamay

Hi there, have just tuned into this most informative post. I have an outstanding CC debt with Avant who didnt respond to efforts of negotaion - this was a non payment for 3 months due to serious illness and I made numerous attempts to freeze the interest and to pay back by instalments - all five letters to Avant were ignored. They then handed over to Cabot in 2013 and I was subjected to verbal abuse and harrasment I engaed a solicitor to quieten them and above all we then also failed to set out a repayment strategy from my humble offering of €20PM. I have heard nothing since then until now: I have received a correspondence from Belgarde for proof of creditiors recorded at (the amount) outstanding and to provide the office (Belgarde) with the 'information'. I would appreciste some feedback on my tactic as I envisge that the debt is statute barred and that they are tring to get me to acknowledge same and to start the process - am I correct? Will I ignore and if they come back to then begin the 'subject data access process'? Why are they asking me for proof of creditors? I am obliged.

Darc19

@hannamay

You have two options.

If you can afford to enter a payment plan, then negotiate.

If you can't, then you could ignore it.

Statute of limitations is from the last acknowledgement of the debt - be that a payment or a letter, phone call or email accepting the debt exists.

If last payment was 2013 and you have not written to them or talked to them saying that you will try and make a payment, then that's when the 6 years start.

But you say you offered €20/month. So the important date is the date you made that offer.

If that was 2013, then maybe try and string it out and do nothing.

But chances are it will remain on your credit record.

Hannamay

Thank you Darc 19 for reponding.

Dec 2013 was absolutely the last communication when I made an offer. I cannott really afford it right now (long term illness) and to the wire with any extra funds for another bit. I am not denying the debt and may be able to cut a deal and reduced amount in circa 12 months but not before then.

Can you explain this request for 'proof of creditors outstanding' is this a ploy to start the six year cycle again? why ask me would they not have that information? or is it a possible fishing expedition? from some information to hand as the amount is correct.

Interestingly am not on ICB - just checked over the past few days - can they (Cabot) do it now? - it should have been done by Avant - am I right?

I appreciate the suppourt.

Darc19

Yes, if you respond you are acknowledging the debt.

Whilst I don't condone ignoring debt, sometimes the personal situation makes it the better option.

I don't think you have anything to lose by ignoring it and try and string it out til December.

Don't accept any registered letters and don't reply to anything.

Hopefully they have so much on their plate and your debt is under €5k that they don't assign it any priority.

If they do go to court you can then offer a payment plan and better still, court debt has max interest rate of 2%

Hannamay

Thanks Darc 19 - that is solid advice. The debt is €7k and I will remain off the radar until after December.

I can honestly use the 'humane' card (no pun intended). At least if its SB and I can then also provide enough material for a thesis on medical grounds (bills) not that I envisage Cabot to be very sympathetic to any human being.

I am still wondering if they (Belgrade) were on a fishing expidition on writing to me or are the loans just rising to the surface with the changeover between the two 'Cabots'? as they asked ME for the information - sorry thats not my job!! right ?

Just to clarify if I am hassled will I go for a 'subject data access' to buy more time or just send a rotweiler of a solicitor to argue the SB as a stand-alone if in court? I know this is not legal advice but appreciate the mindfield of knowledge on this platform. Many thanks Darc 19.

Darc19

Don't make any contact unless it's a summons.

They are well within their rights to move the loan to any company they wish. (written in all loan contracts)

Just keep the head down.

Remember that the statute of limitations is a defense, not an automatic clearing of the debt.

So they could write to you in 20 years time if they wish, but could not take legal action.


One thing to watch for. The new company possibly is the one that is registered to the credit register. This means that the debt may show up on future loan application searches. If thinking you may need a loan in future, maybe join a credit union now to build a record.

Hannamay

Thank you Darc 19 - I will take your advice regarding the credit union and will start to work on that element for now.

Your advice has calmed me down - I am a lot more wise now and bless you.

noel.t

Any more info on this? I received a claim notice from Belgard yesterday. it's for a 12k debt going back to 2007. The last engagement I had with the was 2014 and I've stopped paying and ignored them since. Im going to dispute this as I know they paid pennies for the debt.

What will I write as my grounds of defense? any help would be greatly appreciated

Jim2007

noel.t wrote: »

Im going to dispute this as I know they paid pennies for the debt.

Irrelevant, will not be entertained by the court.

noel.t wrote: »

What will I write as my grounds of defense? any help would be greatly appreciated

Whatever the actual grounds were. Remember you will need to be able to substantiate it.

leeald

Just wondering has anyone ever got a claims notice from belgard ? Is this a legitimate document looks like facimile but presented as a legitimate document? How has anyone faired out after receiving this? Any sound advice would be very welcome Thank you Lee

Wasphead

leeald wrote: »

Just wondering has anyone ever got a claims notice from belgard ? Is this a legitimate document looks like facimile but presented as a legitimate document? How has anyone faired out after receiving this? Any sound advice would be very welcome Thank you Lee

You would need to go to the courthouse and ask them to be sure that it's legitimate.
It probably is legit, but Belgard have been known to issue false ones from what I can gather.
Which is likely to be an offence under the "Non-fatal Offences Against The Person Act 1997" Section 11. (d) the person utters a document falsely represented to have an official character.

I have received a claim notice, to which I gave "Notice to Defend". Nothing has happened yet.

leeald

Wasphead wrote: »

You would need to go to the courthouse and ask them to be sure that it's legitimate.
It probably is legit, but Belgard have been known to issue false ones from what I can gather.
Which is likely to be an offence under the "Non-fatal Offences Against The Person Act 1997" Section 11. (d) the person utters a document falsely represented to have an official character.

I have received a claim notice, to which I gave "Notice to Defend". Nothing has happened yet.

Cheers, called the court advised is legitimate. I had seen where known to issue false ones so why I asked before called to check. Was that long ago thst you issued notice to defend? Cheers

Wasphead

leeald wrote: »

Cheers, called the court advised is legitimate. I had seen where known to issue false ones so why I asked before called to check. Was that long ago thst you issued notice to defend? Cheers

Close on to 2 years ago now. They have been in contact with me since as they are now regulated. I expect to hear more from them in the not too distant future!:D

leeald

Wasphead wrote: »

Close on to 2 years ago now. They have been in contact with me since as they are now regulated. I expect to hear more from them in the not too distant future!:D

Thank you for your help. Does notice to defend acknowledge the debt and start the 6 year clock again ?

Wasphead

leeald wrote: »

Thank you for your help. Does notice to defend acknowledge the debt and start the 6 year clock again ?

That I don't know for sure, but part of your defence would be that it's statute barred, the judge would then decide if it is or isn't, if it's over 6 years. So resetting the clock wouldn't really matter anyway because the judge will decide what happens if it gets to court. Hope that makes sense.

leeald

Wasphead wrote: »

That I don't know for sure, but part of your defence would be that it's statute barred, the judge would then decide if it is or isn't, if it's over 6 years. So resetting the clock wouldn't really matter anyway because the judge will decide what happens if it gets to court. Hope that makes sense.

I get what you mean cheers for your help hopefully works out in your favour.

longzer12

Hannamay wrote: »

Hi there, have just tuned into this most informative post. I have an outstanding CC debt with Avant who didnt respond to efforts of negotaion - this was a non payment for 3 months due to serious illness and I made numerous attempts to freeze the interest and to pay back by instalments - all five letters to Avant were ignored. They then handed over to Cabot in 2013 and I was subjected to verbal abuse and harrasment I engaed a solicitor to quieten them and above all we then also failed to set out a repayment strategy from my humble offering of €20PM. I have heard nothing since then until now: I have received a correspondence from Belgarde for proof of creditiors recorded at (the amount) outstanding and to provide the office (Belgarde) with the 'information'. I would appreciste some feedback on my tactic as I envisge that the debt is statute barred and that they are tring to get me to acknowledge same and to start the process - am I correct? Will I ignore and if they come back to then begin the 'subject data access process'? Why are they asking me for proof of creditors? I am obliged.

Can i ask did anything happen further about this? I had the same problem with avantcard, i owe €8000 but they would not accept a payment plan. I have since been contacted numerous times by cabot and now belgard solictors. A letter came today saying i have 4 days to reply or i will be going to court and they can take my personal belongings etc. Im really scared now im not responding to them as i don’t want to get myself in more of a mess

vandriver

longzer12 wrote: »

Can i ask did anything happen further about this? I had the same problem with avantcard, i owe €8000 but they would not accept a payment plan. I have since been contacted numerous times by cabot and now belgard solictors. A letter came today saying i have 4 days to reply or i will be going to court and they can take my personal belongings etc. Im really scared now im not responding to them as i don’t want to get myself in more of a mess

There are 4 day letters,7 day letters,letters offering to settle for half...all sorts of letters.
It's a process of escalating threat letters meant to induce fear and panic.Its called dunning.
They can't take your belongings without a court order and an application to the sheriff.
I don't think the sheriff bothers much with private homes,as there's usually nothing that would raise much cash at auction.

bleaks

I settled a CC debt of just over 1k with Cabot at the end of 2016 for slightly less than the full amount as that's what they offered for a cash settlement to clear the debt.
I recently ordered an ICB credit report and the remainder of the debt still appears on it to this day even though I was under the impression from both the bank and Cabot that this debt was cleared.
I will soon be applying for a mortgage after being almost 5 years debt free but this credit report with the balance of three hundred euros showing is worrying, even though I cleared the credit card debt as soon as I could.

Anyone know if this balance is a mistake, or is it a case of even though it was settled for less, the full amount is still somehow owed?

I'm almost there, so would I be best off waiting until the full 5 years has passed from when I had settled the debt before putting in a mortgage application?

Darc19

bleaks wrote: »

I settled a CC debt of just over 1k with Cabot at the end of 2016 for slightly less than the full amount as that's what they offered for a cash settlement to clear the debt.
I recently ordered an ICB credit report and the remainder of the debt still appears on it to this day even though I was under the impression from both the bank and Cabot that this debt was cleared.
I will soon be applying for a mortgage after being almost 5 years debt free but this credit report with the balance of three hundred euros showing is worrying, even though I cleared the credit card debt as soon as I could.

Anyone know if this balance is a mistake, or is it a case of even though it was settled for less, the full amount is still somehow owed?

I'm almost there, so would I be best off waiting until the full 5 years has passed from when I had settled the debt before putting in a mortgage application?

Nope, the written off balancestays on it for the 6 years. Terribly unfair and should be changed.

In any case, the non payment of the card would also stay for 6 years, so 2022 should see the record cleared

Jim2007

bleaks wrote: »

Anyone know if this balance is a mistake, or is it a case of even though it was settled for less, the full amount is still somehow owed?

Nobody here can answer that question, all we have to go on is your comments.

Do you have documents stating that your payment was in full and final settlement of the outstanding balance? You should contact the lender and get the issue resolved.

You should also be aware the more reliance is placed on the CCR report these days as it provides a more comprehensive coverage of your credit status.

Jim2007

Darc19 wrote: »

Nope, the written off balancestays on it for the 6 years. Terribly unfair and should be changed.

In any case, the non payment of the card would also stay for 6 years, so 2022 should see the record cleared

It really does no matter any more because all statute barred debt must be included on the CCR submission by the reporting institutions and it will remain there until 12 months after the debt is settled.

bleaks

Thanks folks, to be honest it was quite unfair how the debt to cabot unfolded to begin with. The bank had been making a killing off me in interest payments for years. I think I missed two months minimum payments after losing my job and then I was expected to pay the full amount of the credit card (which I didn't have) and this full debt was then quickly passed on to cabot within the space of about 3 months. I hate to think thousands of people will suffer a similar fate now due to covid job loss, etc. My advice is to engage and work out payment plans with the bank before they sell off the debt.

So would I be correct in saying this couldn't be held against me for mortgage/loan apps after the 6 years has passed?

Jim2007

bleaks wrote: »

Thanks folks, to be honest it was quite unfair how the debt to cabot unfolded to begin with. The bank had been making a killing off me in interest payments for years. I think I missed two months minimum payments after losing my job and then I was expected to pay the full amount of the credit card (which I didn't have) and this full debt was then quickly passed on to cabot within the space of about 3 months. I hate to think thousands of people will suffer a similar fate now due to covid job loss, etc. My advice is to engage and work out payment plans with the bank before they sell off the debt.

Financial institutions are commercial organizations not charities and there is no reason why they should have to take a hit because you are unable to meet your contractual obligations, you ran up the credit and agreed to pay interest on it. Furthermore a large chunk of these institutions are owned by the taxpayers, pension funds, public bodies, charities and small investors, in other words your fellow citizens, none of whom should have to take the hit.

So would I be correct in saying this couldn't be held against me for mortgage/loan apps after the 6 years has passed?

In accordance with the EU directive as implemented, all unsettled debt will continue to be reported on the CCR report until 12 months after it has been settled. Even if it is statute barred. (See other threads on the topic)

It is up to the individual institutions to decide how they use this information. But it is unlikely they will be excited to lend to someone with outstanding debts. It goes directly to your ability to meet the repayments.

But as you have already said you settled this debt, it should just be a matter of contacting Cabot and getting them to correct the report. So where is your issue?

Y2K2021

Hi All,

I had a long and hard read over this form as I have received a "claim notice" from Cabot Financial (IRELAND) Limited.

Long story short took a loan out in 2006 last payment made to them was in 2013 and the amount outstanding is 5.5k. The address they had for me was an old family home that is still owned by the family but no one lives there.

A registered letter was sent to that address but the postman decided to give it to a family member at another address and they assumed the postman signed their name for it because they didn't he just handed it to them as they were on the phone.

The letter has made its way to me now so I'm up to speed and I imagine they sent other letters to me but they would have never got to me as no one checks the mail at that address.

I'm wondering if the statute-barred route is the best route for me to take now? I been living abroad for years until last year and will be moving back next year again and I like to try to resolve this while I'm in the country.


Thanks,

Jim2007

Y2K2021 wrote: »

Long story short took a loan out from GE in 2006 last payment made to them was Dec 2013 and the amount outstanding is 5.5k. The address they had for me was an old family home that is still owned by the family but no one lives there.

It is entirely your responsibility to keep your address up to date.

Y2K2021 wrote: »

A registered letter was sent to that address but the postman decided to give it to a family member at another address and they assumed the postman signed their name for it because they didn't he just handed it to them as they were on the phone.

Look get real, no postman is going to hand over a registered letter without signature, it's more than their job is worth. Who ever signed for it screwed up and did not hand it over to you. I would strongly advise you to not go down this route. Because if this goes to court, the logical thing is that someone will have to give evidence to support it....

Y2K2021 wrote: »

I'm wondering if the statute-barred route is the best route for me to take now? I been living abroad for years until last year and will be moving back next year again and I like to try to resolve this while I'm in the country.

'Statute barred' is a defense in court, it does not prohibit a debt collector from attempting to recover the debt. It will be up to the courts to decide if the defense will be accepted.


At the end of the day, it really depends on your need for a clean credit record. An unsettled debt will continue to be reported on your CCR until it is settled. It's up to you which way to go.

Y2K2021

Thanks for the feedback.

I just made the point regarding the postman and how I got the letter so to paint the picture about how I came to get the registered letter I'm not using it as a defense.

Just looking for advice on the process of going the Statute barred route and if it can be done by myself or if only a solicitor can do it.

Jim2007

Y2K2021 wrote: »

Just looking for advice on the process of going the Statute barred route and if it can be done by myself or if only a solicitor can do it.

There is no process because there is no such option. Once again, it is defense to be argued in court if the debt collector brings a action to recover the debt. It will be up to the court to decide if your defense succeeds or not.

Be aware that it is very easy to bring a debt into play by engaging the creditor and you will loose the right to the statute parred defense.

Squiggle

The matter is statute barred if you have not acknowledged the debt in writing and signed by you or made any payment in 6 years.

In the first instance write to Cabot's solicitors indicating your intention to defend the claim on the basis that the matter is statute barred and that them pursuing a judgement is pointless and a waste of everyone's time.

Indicate to them that unless you receive a notice of discontinuance from them within 7 days, and they proceed with the case to a full hearing, that you will be applying to the court for costs on the basis that you have already advised Cabot solicitors that the matter is statute barred.

If they don't play ball you can defend yourself:

https://www.courts.ie/what-do-i-do-if-i-am-served-claim-notice

Note this action will affect your credit rating as successfully defending the claim does not make the debt disappear and Cabot will continue to report details of the debt to the CCR.

Y2K2021

Thanks for the info.

This loan has not appeared on any credit check I have done in the past 6 or 7 years but I see when filling out the District Court - Schedule C - Forms it asks for my PPSN number and I'm wondering if I add my PPSN number will this now appear on any credit reports going forward.

Squiggle wrote: »

The matter is statute barred if you have not acknowledged the debt in writing and signed by you or made any payment in 6 years.

In the first instance write to Cabot's solicitors indicating your intention to defend the claim on the basis that the matter is statute barred and that them pursuing a judgement is pointless and a waste of everyone's time.

Indicate to them that unless you receive a notice of discontinuance from them within 7 days, and they proceed with the case to a full hearing, that you will be applying to the court for costs on the basis that you have already advised Cabot solicitors that the matter is statute barred.

If they don't play ball you can defend yourself:



Note this action will affect your credit rating as successfully defending the claim does not make the debt disappear and Cabot will continue to report details of the debt to the CCR.

yosser hughes

Y2K2021 wrote: »

Thanks for the feedback.

I just made the point regarding the postman and how I got the letter so to paint the picture about how I came to get the registered letter I'm not using it as a defense.

Just looking for advice on the process of going the Statute barred route and if it can be done by myself or if only a solicitor can do it.

Have you the money to pay what you owe but just don't fancy paying it?
THis will follow you around until you sort it. The debt being statute barred does not prevent Cabot from registering the debt with the CCR.

Have you checked the CCR as well as the ICB?

Y2K2021

yosser hughes wrote: »

Have you the money to pay what you owe but just don't fancy paying it?
THis will follow you around until you sort it. The debt being statute barred does not prevent Cabot from registering the debt with the CCR.

Have you checked the CCR as well as the ICB?

I checked both and It doesn't appear on either the CCR or ICB.

I'd like to see if I could do a deal with them but I guess my best route now is trying to get it staute barred first then looking to tackle the debt.

Quackster

Jim2007 wrote: »

Look get real, no postman is going to hand over a registered letter without signature, it's more than their job is worth. Who ever signed for it screwed up and did not hand it over to you. I would strongly advise you to not go down this route. Because if this goes to court, the logical thing is that someone will have to give evidence to support it....

Signatures haven't been taken for the past year. The delivery agent themself signs on delivery of the letter/parcel (supposedly in the presence of a person to receive said mail but I've had signed-for mail just popped in my letter box in this period and I doubt I'm the only one).

https://www.anpost.com/covid-19/mails-parcels-services

Squiggle

Y2K2021 wrote: »

I checked both and It doesn't appear on either the CCR or ICB.

I'd like to see if I could do a deal with them but I guess my best route now is trying to get it staute barred first then looking to tackle the debt.

Successfully defending the claim doesn't make the debt disappear, and has adverse implications for your credit record, but without a judgement Cabot can do nothing to enforce the debt. It probably won't stop them trying to get a few bob out of you though and, down the line, they may offer you a discount to close the account and mark the account settled on the CCR with a balance of Nil.
I saw this happen in a case recently where a 70% discount was offered, and it came long after the notice of discontinuance was issued by Cabot solicitors, which was issued when it was pointed out that the matter was statute barred and that costs would be sought by the defendant if the matter proceeded to a pointless hearing in court.

Also worth noting that if Cabot issue a notice of discontinuance, on the basis of what I suggested you do in my earlier post, they cannot reinstate proceedings without covering your costs of dealing with this claim notice.

Jim2007

Y2K2021 wrote: »

I checked both and It doesn't appear on either the CCR or ICB.

I'd like to see if I could do a deal with them but I guess my best route now is trying to get it staute barred first then looking to tackle the debt.

Then let sleeping dogs lie.

Be aware that it is very easy to bring a debt into play by engaging the creditor and you will loose the right to the statute barred defence.

Wasphead

Speaking from experience dealing with Cabot/Belgard. The "claim notice" will make accusations against you, "failed to engage"and so on.
Now you need to find out if the "claim notice" is legitmate, most likely it is as Cabot are now regulated by the central bank. But check anyway with the court where the claim notice came from.
If you decide to not counter the claim notice then Cabot may push ahead and get a judgement against you.
That will entitle them to pursue you for payment by other means.
Now if you want to put forward a defense, of any kind, including "Statute Barred" you must issue a "notice to defend" against their claim. You must state your defense, ie "Statute Barred".
This then puts the ball back in Cabots court and they must decide if the want to go into court and make their claims in front of a judge. The judge then decides if your defence is to defeat their claim, or not.
Do not contact Cabot directly by phone. Letters only. But in this case, decide if you want to defend their claim against you first. That's the important thing to decide now.
I issued a "notice to defend" to the court and to Cabot/Belgard. They never proceeded. They have since offered a 50% discount, and subsequent to that, a 70% discount on the outstanding amount. Hopefully you'll sort it.

Y2K2021

Wasphead wrote: »

Do not contact Cabot directly by phone. Letters only. But in this case, decide if you want to defend their claim against you first. That's the important thing to decide now.
I issued a "notice to defend" to the court and to Cabot/Belgard. They never proceeded. They have since offered a 50% discount, and subsequent to that, a 70% discount on the outstanding amount. Hopefully you'll sort it.

My plan would be to defend and use statute-barred as my defence and then I would like to try to do a deal with them to clear the debt as soon as possible. Can I ask how long after you issued the notice to defend did they write to you looking to settle the debt?

I confirmed with the court office the "claims notice" is genuine so my plan now is to complete the Appearance and defence paperwork. The courts advised me to send them two copies and they will keep one on file and send me one stamped copy back. Do I need to send Cabot a copy of what the courts send me back or just go ahead and send them a copy of Appearance and defence form No 42.03 also?

If anyone is familiar with the appearance and defence form just to confirm I'm filling out pages 1,3 & 4 and page 2 is the court clerk?

Thanks in advance.

Wasphead

Y2K2021 wrote: »

My plan would be to defend and use statute-barred as my defence and then I would like to try to do a deal with them to clear the debt as soon as possible. Can I ask how long after you issued the notice to defend did they write to you looking to settle the debt?

I confirmed with the court office the "claims notice" is genuine so my plan now is to complete the Appearance and defence paperwork. The courts advised me to send them two copies and they will keep one on file and send me one stamped copy back. Do I need to send Cabot a copy of what the courts send me back or just go ahead and send them a copy of Appearance and defence form No 42.03 also?

If anyone is familiar with the appearance and defence form just to confirm I'm filling out pages 1,3 & 4 and page 2 is the court clerk?

Thanks in advance.

I think they have 12 months in which they must seek a date for a court appearance. After that they must issue a new claim notice. Something to that affect.
So it would have been well over a year.
Cabot Assets notified me they were passing the debt to Cabot financial who are now the regulated buisness.
Cabot financial sent a letter stating my account with them was oustanding by X amount.
Then the wonderful offer of 50% discount comes, or, of course they may take me to court.
Then the wonderful offer of 70% discount comes, or , they may take me to court.
I'm well overdue a letter of some sort. I think they have to send you a statement of account every quarter according to the CCR.

You should send Cabot/Belgard a copy of all your paperwork. I was told everything in triplicate. Your copy, Cabots copy and the courts copy.
You're basically doing the opposite of their claim notice with your notice to defend.

jayjay2010

Wasphead wrote: »

I think they have 12 months in which they must seek a date for a court appearance. After that they must issue a new claim notice. Something to that affect.
So it would have been well over a year.
Cabot Assets notified me they were passing the debt to Cabot financial who are now the regulated buisness.
Cabot financial sent a letter stating my account with them was oustanding by X amount.
Then the wonderful offer of 50% discount comes, or, of course they may take me to court.
Then the wonderful offer of 70% discount comes, or , they may take me to court.
I'm well overdue a letter of some sort. I think they have to send you a statement of account every quarter according to the CCR.

You should send Cabot/Belgard a copy of all your paperwork. I was told everything in triplicate. Your copy, Cabots copy and the courts copy.
You're basically doing the opposite of their claim notice with your notice to defend.

Just a query as a family member is going through the exact same thing at the moment. Her debt is approx 7k, however she does not own any assets (no house, car etc). If a judgement is put against her, what is the worse thing that can happen seeing that she doesn't own any assets? They are hardly going to knock on her door and repossess her couch and TV are they? TIA

Wasphead

jayjay2010 wrote: »

Just a query as a family member is going through the exact same thing at the moment. Her debt is approx 7k, however she does not own any assets (no house, car etc). If a judgement is put against her, what is the worse thing that can happen seeing that she doesn't own any assets? They are hardly going to knock on her door and repossess her couch and TV are they? TIA

I'm not entirely sure what way they would attempt to do to push the judgement order.
They want cash the easy way. Getting her couch and TV isn't really cost effective i imagine.
I'm guessing they would get her to agree a payment plan, and that would have to be based on a statement of means. So if she's earning a hundred grand a year, they'll seek a chunk of that until the debt is paid, or if she's on minimum wage they'll want a smaller piece of that pie over a longer period and they would probably harass her regulary for extra money.
If she were to go to court, then the judge would decide her payments based on her means. Hope that helps.

Squiggle

jayjay2010 wrote: »

Just a query as a family member is going through the exact same thing at the moment. Her debt is approx 7k, however she does not own any assets (no house, car etc). If a judgement is put against her, what is the worse thing that can happen seeing that she doesn't own any assets? They are hardly going to knock on her door and repossess her couch and TV are they? TIA

No that won't happen. A judgement just gives legal recognition to the debt and, if granted, will allow Cabot to enforce the judgement and they would have 12 years to do so. Incidentally there is no point defending a claim notice unless you have a valid defence. If, after a judgement is granted to Cabot, the debtor can't agree a repayment schedule with Cabot then Cabot would have to go to the district court to try and get an installment order against the debtor. No judge will make you pay what you can't afford and will base it on your means. I've seen judges award very small installment orders against debtors over the years, and in some cases where welfare was the only source of income, no installment order was granted.

Darc19

jayjay2010 wrote: »

Just a query as a family member is going through the exact same thing at the moment. Her debt is approx 7k, however she does not own any assets (no house, car etc). If a judgement is put against her, what is the worse thing that can happen seeing that she doesn't own any assets? They are hardly going to knock on her door and repossess her couch and TV are they? TIA

I'd try as much as possible to do a deal if she plans to get any form of credit in the next few years.

This includes mobile phone, electricity, car loan, credit card, mortgage etc. They all check out the credit worthiness of customers.