Belgard Solicitors/Cabot Financial (Ireland) Limited

Annette54 · 08-04-2022 1:39pm #1

Hi I was wondering would anyone be able to give me some advice, maybe have gone through this already?

When I came home yesterday there was a registered letter in my postbox from Belgard Solicitors. It was a Claim Notice on behalf of Cabot financial (Ireland) Limited. Years ago back in July 2010 I got a credit card from MBNA for €5000. I defaulted on the payments back in 2011/2012, they sold on debt to Rasdon Ltd. who changed their name to AvantCard Limited on the 25th October 2012 who sold it onto Cabot Asset Purchases (Ireland) Limited in December 2016 and then to Cabot Financial (Ireland) Limited in May 2019. I have not made any contact ever or paid anything since 2012. They are looking for €5707.75 and costs. What should I do? Should I ignore ? Should I defend the proceedings saying its statute barred?

Thanks in advance

Annette

SVI40 · 08-04-2022 1:56pm

AFAIK, once they try to reclaim the amount due, the the statute of limitations does not count.

I had dealings with them years ago, as executor of a will. Long story short, told them the person had passed, and their estate came no where to covering the debt (€1500). They went straight to court, and got a lien on the house. They were not pleasant to deal with. Every other debtor waived the debts they were owed.

Claw Hammer · 11-04-2022 11:35am

https://www.boards.ie/discussion/2058240856/belgard-solicitors-cabot-financial-ireland-limited

When was the first demand for payment of the full amount made? Was it back in 2012 or after?

Squiggle · 12-04-2022 8:21am

https://www.boards.ie/discussion/comment/118898811#Comment_118898811

From The Statute of Limitations 1957

11.—(1) The following actions shall not be brought after the expiration of six years from the date on which the cause of action accrued—

(a) actions founded on simple contract;

If the OP has not acknowledged the debt in writing or made any payment in the last 6 years ( ie the OP hasn't reset the 6 year clock) how is the claim against the OP not statute barred ?

12-04-2022 9:08am

https://www.boards.ie/discussion/comment/118914652#Comment_118914652

When did the cause of action accrue? Do the terms specify it is at date of first default or upon demand? Is the demand required in writing and, if so, is there a specified period within which the debt can be regularised without the right to sue accruing to the credit card company?

Every time the statute of limitations comes up on this forum people treat it as if it were a black and white issue. It almost never is. It's almost always complicated and fact dependent. There are any number of ways in which this debt may not be statute barred. Unless you have all the facts it is hard to give even a cursory view. Which brings us back to one of the principal forum rules - don't look for legal advice on the internet.