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Cabot/belgard solicitors NOTICE OF JUDGEMENT

  • 23-06-2019 6:22pm
    #1
    Registered Users Posts: 17


    HI guys..hoping someone can give me some advice on this..I got a car back in 2008 which was financed by GE MONEY finance..during the next few years my employment status changed from a permanent job (closed down)to a job now and again..im currently employed full time..anyways a few years ago I had missed a few payments to ge money and rang and told them to take the car i couldnt pay for it..they agreed eventually but i never heard anything back from them..then i found out they had ceased trading..the car has not been driven taxed ensured since then but i still have it..anyways 4 or 5 years passed and i get a letter from cabot sayin i owe them over 5000..i asked for the ge money agreement which they provided..I decided as i had no contract with them I would not be paying them as ge money agreed to take the car back..anyways 2 days ago i recieved a letter from belgard solicitors..It was a NOTICE OF JUDGEMENT from a district court and they had added 430 euros to it..they are threatening to take my goods and bring me to court..thing is im currently back with my parents as i was unemployed untill a few months ago and im afraid they will come and take my parents belongings..they want me to fill out a statement of means but they want my employers name address etc which i am afraid to give as they will ring my job..can anybody help ..im at my witts end..cheers


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Comments

  • Registered Users Posts: 3,884 ✭✭✭Tzardine


    A judgement has been issued against you. You owe the money. There is no two ways about it.

    You need to complete the statement of means and enter into a payment agreement.

    A sheriff can turn up to your house and take any goods belonging to you in order to clear the debt. If you are living at home this is a nightmare as they can take items belonging to your parents unless you can provide proof that they are not yours.

    You need to own up to the debt and sort it out.


  • Registered Users Posts: 17 joyboy1103


    Tzardine wrote: »
    A judgement has been issued against you. You owe the money. There is no two ways about it.

    You need to complete the statement of means and enter into a payment agreement.

    A sheriff can turn up to your house and take any goods belonging to you in order to clear the debt. If you are living at home this is a nightmare as they can take items belonging to your parents unless you can provide proof that they are not yours.

    You need to own up to the debt and sort it out.

    Hi..thanks for your advice.I understand that money was owed but had it not for GE MONEY closing then the car would have been returned...also I am moving from my parents house next week and i was living in my own place for the last ten years..if i give my new address do they have any right to then go to my parents home..cheers..also i think the debt may be status barred as i hadnt heard anything for 5/6 years..cheers


  • Registered Users Posts: 17 joyboy1103


    joyboy1103 wrote: »
    Hi..thanks for your advice.I understand that money was owed but had it not for GE MONEY closing then the car would have been returned...also I am moving from my parents house next week and i was living in my own place for the last ten years..if i give my new address do they have any right to then go to my parents home..cheers..also i think the debt may be status barred as i hadnt heard anything for 5/6 years..cheers

    Also im only back in my parents house the last month


  • Registered Users Posts: 3,884 ✭✭✭Tzardine


    When GE money closed the debt was taken over by a new company. You will have received tonnes of correspondence before it went to court. You have chosen to ignore it until this point.

    Stop trying to put the blame elsewhere. The reality is that you took a car loan and defaulted on it. (A car which you still have)

    5 grand is not that much in fairness. Fill in the statement of means, enter into a payment plan and sort it out.

    Sell the car for a start and put that money towards it.


  • Moderators, Business & Finance Moderators, Motoring & Transport Moderators, Society & Culture Moderators Posts: 66,457 Mod ✭✭✭✭L1011


    Statute barring has to be used as a defence, the judgement has been granted now. You would need to seek legal advice if you wish to overturn it - from an actual legal professional

    If the car was bought under a form of HP the title won't be sellable (as itll be GEs) so selling it without communication with them is useless


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  • Registered Users Posts: 2,811 ✭✭✭Ten Pin


    It was a NOTICE OF JUDGEMENT from a district court and they had added 430 euros to it..they are threatening to take my goods and bring me to court

    This is a little confusing, if the judgement has been made then the court must have already heard the case. Have you received any other documentation from the district court directly, either before or since the hearing


  • Registered Users Posts: 17 joyboy1103


    Ten Pin wrote: »
    This is a little confusing, if the judgement has already been made then the court has already heard the case. Have you received any other documentation from the district court directly, either before or since the hearing

    Hi..no I have only ever recieved letters from belgard solicitors..I have had nothing from anyone else to date


  • Closed Accounts Posts: 9,764 ✭✭✭my3cents


    Ten Pin wrote: »
    This is a little confusing, if the judgement has been made then the court must have already heard the case. Have you received any other documentation from the district court directly, either before or since the hearing

    Sounds fishy to me. Its not unknown for this crowd to make its documentation look like it has more weight than it actually does.

    Reread exactly what was sent out to you, it is unusual for money to be added on which on one hand makes it sound real but on another is a small amount comparatively and I would have imagined their costs would have been higher than that.


  • Registered Users Posts: 2,811 ✭✭✭Ten Pin


    If the court made a judgement, then the notice would be on official court headed paper (probably photocopied) and it would be an attachment to a cover letter from Cabot. A court judgement notice would also give the date the judgement was issued, the name of the judge etc


  • Registered Users Posts: 17 joyboy1103


    my3cents wrote: »
    Sounds fishy to me. Its not unknown for this crowd to make its documentation look like it has more weight than it actually does.

    Reread exactly what was sent out to you, it is unusual for money to be added on which on one hand makes it sound real but on another is a small amount comparatively and I would have imagined their costs would have been higher than that.

    Thank you for your reply..I would have thought in order to get a court ruling then I would have to be present to state my side of the case.It may be dodgy..it just says that judgement has been made against me in the district court that I have 14 days to return the statement means sheet and then it just says that they will use methods such as sherriff of execution against my goods..district court for installments etc


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  • Closed Accounts Posts: 9,764 ✭✭✭my3cents


    joyboy1103 wrote: »
    Thank you for your reply..I would have thought in order to get a court ruling then I would have to be present to state my side of the case.It may be dodgy..it just says that judgement has been made against me in the district court that I have 14 days to return the statement means sheet and then it just says that they will use methods such as sherriff of execution against my goods..district court for installments etc

    What district court? Contact the court on Monday to check. It may be that they haven't been to court yet?


  • Registered Users Posts: 17 joyboy1103


    Ten Pin wrote: »
    If the court made a judgement, then the notice would be on official court headed paper (probably photocopied) and it would be an attachment to a cover letter from Cabot.

    No all i recieved was the letter from Belgard solicitors stating Notice of Judgement against me in the distrct court


  • Closed Accounts Posts: 9,764 ✭✭✭my3cents


    joyboy1103 wrote: »
    No all i recieved was the letter from Belgard solicitors stating Notice of Judgement against me in the distrct court

    Is there any chance they said something like they were Applying for a Notice of Judgement?

    When exactly was the judgment made and in what court?


  • Registered Users Posts: 17 joyboy1103


    my3cents wrote: »
    What district court? Contact the court on Monday to check. It may be that they haven't been to court yet?

    Hi it dosent even say what court in dublin it was..i will defo be ringing around tomorrow..ty


  • Registered Users Posts: 17 joyboy1103


    my3cents wrote: »
    Is there any chance they said something like they were Applying for a Notice of Judgement?

    When exactly was the judgment made and in what court?

    It says that judgement has been marked against me in the district court..details below..below it just gives the debt and the cost and the threats..ty


  • Registered Users Posts: 858 ✭✭✭goldenhoarde


    joyboy1103 wrote: »
    Hi it dosent even say what court in dublin it was..i will defo be ringing around tomorrow..ty

    If you can post up some images of the letter but remove/blank out your details as these guys can be clever with the wording

    Check out the details/dates of your last Comms with GE


  • Registered Users Posts: 2,247 ✭✭✭koutoubia


    Happened me some time ago with a small credit card debt. Received notice like yours about District Court. Rang the clerk the next working day and they knew nothing about it and asked me to send on the document. I eventually came to an arrangement with the CREDIT CARD company not the 'solicitors'. The document you received is a tactic they use.


  • Registered Users Posts: 1,105 ✭✭✭katiek102010


    For starters you would need to have got documentation fro. The court outlining the date and time of the hearing.

    Did you get any court paperwork?

    If you did not, contact the courts and try and find out if there has been any court judgments against you. If you find there is notify the courts that you did not know about the case or the judgment and take it from there. The judgment can be removed, set aside or vacated you can then file a defence of the debt being statute barred.

    If there is no judgment I would contact the financial ombudsman and notify them that there is a company falsely claiming they have secured one


  • Registered Users Posts: 422 ✭✭Boxcar_Willie


    This crowd are known to send out a "Draft" document as a scare tactic to provoke a response from you .


  • Registered Users Posts: 17 joyboy1103


    my3cents wrote: »
    Is there any chance they said something like they were Applying for a Notice of Judgement?

    When exactly was the judgment made and in what court?

    It says the judgement was made on the 13th of June..the letter is dated the 19th of june


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  • Registered Users Posts: 5,945 ✭✭✭TheMilkyPirate


    It's a load of balls OP. I've gotten one or two of these notice of judgement letters in the past. I just threw them in the bin and ignored them. Never heard another word. They're not real


  • Registered Users Posts: 4,358 ✭✭✭kev1.3s


    I would be making sure before I'd throw anything away and forget about it. The last thing you want is the sheriff calling to you or especially you're parents door.


  • Registered Users Posts: 5,319 ✭✭✭JustAThought


    kev1.3s wrote: »
    I would be making sure before I'd throw anything away and forget about it. The last thing you want is the sheriff calling to you or especially you're parents door.

    Plus a judgement against you in court can mean you will be barred from ever holding or apllying for types of jobs /working in many areas in certain industries and could be refused visas for Australia/USA - its serious. It all sounds a bit opportunist and dogey from your part.Debt and Loans can be sold and transfered - go down ro free legal advice and bring or remember all the documentation - if you got notice of a court date and ignored it/paniced they need to know that . You are in deep water & your parents are involved or will find out when the bailif in his marked van or privately employed debt collectors/heavies start to turn up at their door. It will not be pleasant for them. You need legal advice and act on it quickly.


  • Registered Users Posts: 17 joyboy1103


    Plus a judgement against you in court can mean you will be barred from ever holding or apllying for types of jobs /working in many areas in certain industries and could be refused visas for Australia/USA - its serious. It all sounds a bit opportunist and dogey from your part.Debt and Loans can be sold and transfered - go down ro free legal advice and bring or remember all the documentation - if you got notice of a court date and ignored it/paniced they need to know that . You are in deep water & your parents are involved or will find out when the bailif in his marked van or privately employed debt collectors/heavies start to turn up at their door. It will not be pleasant for them. You need legal advice and act on it quickly.

    Hi I did not get any notice of a court date as i would have went as i would rather an court installment plan because I heard this crowd are constantly tormenting people for more money..i will ring the courts today to see if an actual judgement has been made against me..if not ill be going to a solicitor..ty


  • Registered Users Posts: 33,519 ✭✭✭✭dudara


    Ask them to provide you with details of the court hearing and subsequent judgment. You need to know the date of the hearing, the presiding judge and the courthouse/courtroom. If genuine, you can validate it with the Courts Service.


  • Registered Users Posts: 2,452 ✭✭✭Icepick


    You have a relatively cheap opportunity to become an adult. So far you have been ignoring it.


  • Registered Users Posts: 22,178 ✭✭✭✭endacl


    If you’ve acknowledged that the debt exists, OP, you’ve reset the clock on it being status barred.

    Oops.


  • Registered Users Posts: 17 joyboy1103


    endacl wrote: »
    If you’ve acknowledged that the debt exists, OP, you’ve reset the clock on it being status barred.

    Oops.

    Luckily I did not..in a letter all i asked was for the original aggreement to the ALLEDGED debt..i admitted nothing as i didnt even know who cabot were at the time


  • Registered Users Posts: 13,718 ✭✭✭✭Dav010


    joyboy1103 wrote: »
    Luckily I did not..in a letter all i asked was for the original aggreement to the ALLEDGED debt..i admitted nothing as i didnt even know who cabot were at the time

    I could be wrong, but by communicating with them you restarted the clock. You both might contest the validity of the debt, but by replying you have acknowledged their correspondence.

    Also OP, a quick google shows GE Capital loans were transferred to PepperIreland, both companies appear to be registered with the Central Bank so a judgement will effect your Credit Rating if that is the case. Cabot may be working for Pepper to recover the debt.


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  • Moderators, Society & Culture Moderators Posts: 6,797 Mod ✭✭✭✭Hannibal_Smith


    joyboy1103 wrote: »
    Luckily I did not..in a letter all i asked was for the original aggreement to the ALLEDGED debt..i admitted nothing as i didnt even know who cabot were at the time

    Did they send you anything showing change of ownership of the debt?


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