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Cabot/belgard solicitors NOTICE OF JUDGEMENT

2

Comments

  • Registered Users Posts: 17 joyboy1103


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

    No just a letter saying i owed them money


  • Moderators, Science, Health & Environment Moderators Posts: 23,204 Mod ✭✭✭✭godtabh


    joyboy1103 wrote: »
    No just a letter saying i owed them money

    I find that hard to believe. Its likely they sent it to the last known address they had for you.


  • Closed Accounts Posts: 12,653 ✭✭✭✭Plumbthedepths


    OP I suggest you get proper legal advice, this company is known for its less than honest behaviour. I would also ignore the high horse brigade on here aswell.


  • Registered Users Posts: 3,817 ✭✭✭Darc19


    GE money didn't close. They stopped taking new business and hived the management of the loans off to Pepper.
    It would be very usual that a clause in the contract would permit this.
    Correspondence would have gone to the address they had on file for you and they probably sent summons to you as well.

    If you don't enter a defence within a specific time (15 days?) then judgement is entered in default of a defence. In such a case it would not even have appeared on a court list.

    Even with a judgement you can enter a payment plan.


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


    Correspondence would have gone to the address they had on file for you and they probably sent summons to you as well.
    Maybe OP could clarify the address mix up possibility. If the summons went to an old address, which address have Cabot sent this judgement notice letter to and which address was the initial correspondance sent to.

    Anyway the District Court office for each of the possible addresses should be able to clarify the status of the case.


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


    Darc19 wrote: »
    GE money didn't close. They stopped taking new business and hived the management of the loans off to Pepper.
    It would be very usual that a clause in the contract would permit this.
    Correspondence would have gone to the address they had on file for you and they probably sent summons to you as well.

    If you don't enter a defence within a specific time (15 days?) then judgement is entered in default of a defence. In such a case it would not even have appeared on a court list.

    Even with a judgement you can enter a payment plan.

    But you would think that Cabot would send proof of the Judgement in their favour which according to the OP they do not seem to have done in anyway I'd associate with a company that claims to be solicitors.

    Then how come they couldn't find the OP when it came to getting a Judgement yet they can now?


  • Registered Users Posts: 74 ✭✭Lujan


    my3cents wrote: »
    But you would think that Cabot would send proof of the Judgement in their favour which according to the OP they do not seem to have done in anyway I'd associate with a company that claims to be solicitors.

    Then how come they couldn't find the OP when it came to getting a Judgement yet they can now?

    In my experience, and I worked in pre legal and legal mortgage arrears, the company have 3rd party agents they send out to run a trace on the borrower.
    They more than likely had this done in this case


  • Closed Accounts Posts: 1,112 ✭✭✭notharrypotter


    I wonder if the OP is trolling.

    The timelines in the OP seem off.
    Baught a car on finance in 2008.
    Made payments for several years.
    Approximately 5 by reading the OP.
    Entered an agreement to "hand back" the car but did not follow through.
    Car has been "lying up" for the last 5 years, not taxed or insured.
    Moved back with parent several months ago.
    But still seems to be getting post from his "last known/old" address.
    And is about to move out again.
    So where is the car at the moment.


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


    @notharrypotter - if you suspect someone of trolling, please use Report post rather than raise it in thread.

    I will say from experience though that it’s not uncommon for people in stressful situations to be confused or mixed up in their details.

    dudara


  • Registered Users Posts: 4,386 ✭✭✭EKRIUQ


    How could there be a court judgement without a summons being served.

    Don't hese have to be hand delivered to the plaintiff and signed for?


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


    EKRIUQ wrote: »
    How could there be a court judgement without a summons being served.

    Don't hese have to be hand delivered to the plaintiff and signed for?

    I am open to correction, but I think in a civil case such as this you are notified of the court date by letter. It is not a summons like in a criminal case.

    If you do not turn up the case proceeds anyway. You can have a judgement against you without you being present.


  • Registered Users Posts: 3,817 ✭✭✭Darc19


    Tzardine wrote: »
    I am open to correction, but I think in a civil case such as this you are notified of the court date by letter. It is not a summons like in a criminal case.

    If you do not turn up the case proceeds anyway. You can have a judgement against you without you being present.

    Yep. Usually about 4 or 5 pages including one for you to complete saying that you want to put in a defense.
    If it can't be served by registered post, they can get permission to send by standard mail.
    If you don't respond, judgement is automatically given. Timeline op gives is about right and seems they were hoping it would just go away or past the 6 year statute barred limit (which you must state as your defense), ignoring it means automatically went against the op. So only option is to come to an agreement. Good news, interest rate is now just 2% on court order.


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


    Darc19 wrote: »
    Yep. Usually about 4 or 5 pages including one for you to complete saying that you want to put in a defense.
    If it can't be served by registered post, they can get permission to send by standard mail.
    If you don't respond, judgement is automatically given. Timeline op gives is about right and seems they were hoping it would just go away or past the 6 year statute barred limit (which you must state as your defense), ignoring it means automatically went against the op. So only option is to come to an agreement. Good news, interest rate is now just 2% on court order.

    I'm still not convinced that the OP has an order made against them. Its all to vague and very Cabot.


  • Registered Users Posts: 17 joyboy1103


    my3cents wrote: »
    I'm still not convinced that the OP has an order made against them. Its all to vague and very Cabot.

    Hi im goin to see flac this evening ..if I have to make an installment plan with cabot then I will but I was just a bit weary that the moment I make 1 payment then I have a contract with them and I believe they are a hard crowd to deal with..also I dont want to fill in the means form as they are looking for my employment details etc..I believe they ring peoples jobs if they decide they want more money monthly which I have heard they do regular...if im been honest I know nothing about legal matters and just felt I was been bullied into payment...heard nothing for years then a letter saying pay full amount in 7 days or face court by a company I had never even heard off...thanks for your help


  • Moderators, Society & Culture Moderators Posts: 6,899 Mod ✭✭✭✭Hannibal_Smith


    joyboy1103 wrote: »
    Hi im goin to see flac this evening ..if I have to make an installment plan with cabot then I will but I was just a bit weary that the moment I make 1 payment then I have a contract with them and I believe they are a hard crowd to deal with..also I dont want to fill in the means form as they are looking for my employment details etc..I believe they ring peoples jobs if they decide they want more money monthly which I have heard they do regular...if im been honest I know nothing about legal matters and just felt I was been bullied into payment...heard nothing for years then a letter saying pay full amount in 7 days or face court by a company I had never even heard off...thanks for your help

    They won't accept any kind of arrangement without the statement of means. I've never known them to ring people's jobs though.

    That's the whole idea regarding the letter, to startle you into action. Go get your legal advice and start from there.


  • Registered Users Posts: 17 joyboy1103


    I wonder if the OP is trolling.

    The timelines in the OP seem off.
    Baught a car on finance in 2008.
    Made payments for several years.
    Approximately 5 by reading the OP.
    Entered an agreement to "hand back" the car but did not follow through.
    Car has been "lying up" for the last 5 years, not taxed or insured.
    Moved back with parent several months ago.
    But still seems to be getting post from his "last known/old" address.
    And is about to move out again.
    So where is the car at the moment.

    Hi im not trolling..all post is coming to my mothers as I lived here when I got the car origianally.I never stated I was recieveing post at my old address..car is still in my parents garden as once i said i wanted to return it i never ..im working now so im going to rent my own place which up untill a couple of months ago I was doing for 9 years..also the car was origianally 12.000 so I paid off 7000


  • Registered Users Posts: 24,256 ✭✭✭✭lawred2


    Can you put up a picture of the letters with any identifying details covered up?


  • Registered Users Posts: 17 joyboy1103


    They won't accept any kind of arrangement without the statement of means. I've never known them to ring people's jobs though.

    That's the whole idea regarding the letter, to startle you into action. Go get your legal advice and start from there.

    Will do..I spoke to a solicitor briefly over the phone yesterday who wrekons if the judgement ends up been real then I should just ring them and make them an offer of an installment plan and they should accept but im not so sure..im seeing a flac solicitor this evening so hopefully should know more by then..cheers


  • Moderators, Society & Culture Moderators Posts: 6,899 Mod ✭✭✭✭Hannibal_Smith


    joyboy1103 wrote: »
    Will do..I spoke to a solicitor briefly over the phone yesterday who wrekons if the judgement ends up been real then I should just ring them and make them an offer of an installment plan and they should accept but im not so sure..im seeing a flac solicitor this evening so hopefully should know more by then..cheers

    I'm sure you know this, but make sure to bring all the letters with you.


  • Registered Users Posts: 17 joyboy1103


    I'm sure you know this, but make sure to bring all the letters with you.

    Will do..thanks for your help


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  • Registered Users Posts: 13,948 ✭✭✭✭Dav010


    joyboy1103 wrote: »
    Will do..thanks for your help

    Joyboy, I’m not sure that you understand the implications of not paying back a loan to a lender registered with the Central Bank, your credit rating is damaged. By your own account, you have communicated with them already when you sent that letter. They do not have to accept a payment by instalment. You need to pay what you owe the lender, GE Capital did not go out of business, they transferred their loans to Pepper Financial who again, are regulated by the CB.

    Hold on here, you were notified prior to a court date?
    joyboy1103 wrote: »
    heard nothing for years then a letter saying pay full amount in 7 days or face court by a company I had never even heard off...thanks for your help


  • Registered Users Posts: 2,744 ✭✭✭marieholmfan


    Is this practical advice or just weird quasi moralistic bleating.
    The substantive issue is whether or not a judgement has in fact been registered.
    Dav010 wrote: »
    Joyboy, I’m not sure that you understand the implications of not paying back a loan to a lender registered with the Central Bank, your credit rating is damaged. By your own account, you have communicated with them already when you sent that letter. They do not have to accept a payment by instalment. You need to pay what you owe the lender, GE Capital did not go out of business, they transferred their loans to Pepper Financial who again, are regulated by the CB.


  • Registered Users Posts: 13,948 ✭✭✭✭Dav010


    Is this practical advice or just weird quasi moralistic bleating.
    The substantive issue is whether or not a judgement has in fact been registered.

    Practical advice, the op is fixating on Cabot, it’s the debt and the fact that the lender is regulated by the CB which is more important. If this was an unregulated lender then the op’s only concern would be Cabot, but the fact that it is a CB regulated lender means the debt carries implications for any future lending such as a mortgage which the op may want to apply for during the next few years.

    There are two substantive issues, the judgement or lack there of, and the op’s credit rating.


  • Moderators, Society & Culture Moderators Posts: 6,899 Mod ✭✭✭✭Hannibal_Smith


    Dav010 wrote: »
    Joyboy, I’m not sure that you understand the implications of not paying back a loan to a lender registered with the Central Bank, your credit rating is damaged. By your own account, you have communicated with them already when you sent that letter. They do not have to accept a payment by instalment. You need to pay what you owe the lender, GE Capital did not go out of business, they transferred their loans to Pepper Financial who again, are regulated by the CB.

    Hold on here, you were notified prior to a court date?

    The OP isn't able to distinguish what paperwork they have received. There are timelines here that perhaps have expired, we don't know because we haven't seen the paperwork. This company have issued demand letters on statue barred cases before. If its an old debt you haven't heard about in a while it's worth getting advice.

    Pepper have their own debt collection team as far as I know, why would they pass it to Cabot? It could well be that this isn't in the tranche that was transferred to pepper.

    It's absolutely worth getting legal advice before going back to them. If everything is in order, fair enough, but it should always be checked


  • Registered Users Posts: 13,948 ✭✭✭✭Dav010


    The OP isn't able to distinguish what paperwork they have received. There are timelines here that perhaps have expired, we don't know because we haven't seen the paperwork. This company have issued demand letters on statue barred cases before. If its an old debt you haven't heard about in a while it's worth getting advice.

    Pepper have their own debt collection team as far as I know, why would they pass it to Cabot? It could well be that this isn't in the tranche that was transferred to pepper.

    It's absolutely worth getting legal advice before going back to them. If everything is in order, fair enough, but it should always be checked

    The op says 4-5 years passed, that is within the period allowed before it is statute barred.

    A quick google shows other GE/Pepper debtors have been contacted by Cabot regarding unpaid loans.


  • Moderators, Society & Culture Moderators Posts: 6,899 Mod ✭✭✭✭Hannibal_Smith


    Dav010 wrote: »
    The op says 4-5 years passed, that is within the period allowed before it is statute barred.

    A quick google shows other GE/Pepper debtors have been contacted by Cabot regarding unpaid loans.

    If there's a chance the OPs dates aren't in line, they should absolutely get legal advice.

    I've never known Cabot to act for Pepper. I googled as you suggested and found a boards link to a post that said GE sold the debt to pepper who sold it to Cabot. If the debt has been put through the rinser twice, ie GEs debt collection unit and then Pepper and are now with Cabot I would even more strongly recommend legal advice. Cabot buy the carcasses after everyone else has had theirmeat. If it was let lie for so longer, I wonder whether there was a problem somewhere.

    Look, I don't like people not repaying their debts. You borrowed it, you pay it back. But equally when demanding a debt there are rules that have to be followed and if you don't follow them properly, then I don't have much sympathy there.

    It's absolutely worth getting legal advice. I could be completely wrong and they're quite entitled to demand payment. But I would always seek legal advice where there is confusion, such as with the OP.


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


    They won't accept any kind of arrangement without the statement of means. I've never known them to ring people's jobs though.

    That's the whole idea regarding the letter, to startle you into action. Go get your legal advice and start from there.

    I'm not going looking but there have been posts here before stating that they have phoned work numbers looking for payment and have even phoned relatives.


  • Moderators, Society & Culture Moderators Posts: 6,899 Mod ✭✭✭✭Hannibal_Smith


    my3cents wrote: »
    I'm not going looking but there have been posts here before stating that they have phoned work numbers looking for payment and have even phoned relatives.

    I haven't seen your threads either, but a debt collector cannot contact you at work or discuss your debt with anyone but the borrower.

    If they've tried every effort to contact you on all the numbers they have and used reasonable efforts (how this is shown I don't know). But if they've cj tactes your work or discussed your loan with anyone else, that's not allowed.


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


    ...heard nothing for years then a letter saying pay full amount in 7 days or face court

    If they have a judgement (which seems unlikely by the absence of any court documents with the letter), why would they need to go to court again? The next step after a court judgement is enforcement, not another court appearance.

    Anyway get legal advice before you do anything.

    There are a few threads on boards about Cabot so maybe have a read to get an idea of the tactics they use.


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  • Registered Users Posts: 1,250 ✭✭✭Squiggle


    Ten Pin wrote: »
    If they have a judgement (which seems unlikely by the absence of any court documents with the letter), why would they need to go to court again?

    To get an installment order. A judgement only gives legal recognition to the debt which then allows the creditor to seek an installment order. You can't enforce the debt without a judgement, but with it the creditor has 12 years to chase it up.

    The OP should have been served with a claim notice, which if not defended would result in a summary judgement against him.

    Also worth noting that a creditor can still chase a debt after 6 years, and I saw a case recently where that happened. The defence in this case is that the debt is statute barred. A notice of discontinuance was only issued by the creditor's solicitor after a full defence was lodged with the courts.


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