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Cabot back again after a few years

  • 03-09-2019 6:29pm
    #1
    cabbie04
    Registered Users Posts: 21 ✭


    Cabot sent a letter to me this week offering me a prejudice offer pay half the money for the car which was taken back in 2010 I have heard notting from them since 2017 .I haven't been in Ireland since 2014 I never spoke or contacted then since 2011
    Any idea what they would be up to
    Thanks


Comments

  • #2
    my3cents
    Closed Accounts Posts: 9,764 ✭✭✭my3cents


    Standard Cabot practice, shake the tree then shake the tree again.

    They may own the debt at this stage in which case they will just keep on trying to get money even though they have no chance.

    Its just part of a process. A big enough percentage fold under Cabot tactics for them to make it worth the price of a stamp (well quite a lot of stamps) to keep sending out the letters.

    At this stage just ignore them.


  • #3
    cabbie04
    Registered Users Posts: 21 ✭cabbie04


    my3cents wrote: »
    Standard Cabot practice, shake the tree then shake the tree again.

    They may own the debt at this stage in which case they will just keep on trying to get money even though they have no chance.

    Its just part of a process. A big enough percentage fold under Cabot tactics for them to make it worth the price of a stamp (well quite a lot of stamps) to keep sending out the letters.

    At this stage just ignore them.

    Hi i taught it would be satued barred by now is their some rule like that or something


  • #4
    my3cents
    Closed Accounts Posts: 9,764 ✭✭✭my3cents


    cabbie04 wrote: »
    Hi i taught it would be satued barred by now is their some rule like that or something

    There's no law saying they can't keep chasing it. Statue Barred is a defense but unless you use it they will keep coming. That said at this stage its probably easier to keep ignoring them than to actually engage with them.


  • #5
    cabbie04
    Registered Users Posts: 21 ✭cabbie04


    my3cents wrote: »
    There's no law saying they can't keep chasing it. Statue Barred is a defense but unless you use it they will keep coming. That said at this stage its probably easier to keep ignoring them than to actually engage with them.

    Hi sorry I dont understand sorry


  • #6
    L1011
    Registered Users, Registered Users 2 Posts: 69,551 ✭✭✭✭L1011


    That it is statute barred is a defence if they attempt to get a judgement on the debt. They can keep trying to get you to acknowledge it though (which unbars it).


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  • #7
    cabbie04
    Registered Users Posts: 21 ✭cabbie04


    L1011 wrote: »
    That it is statute barred is a defence if they attempt to get a judgement on the debt. They can keep trying to get you to acknowledge it though (which unbars it).

    So I dont acknowledge that's the end of it .
    So they cant do anything


  • #8
    Samuel T. Cogley
    Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    cabbie04 wrote: »
    So I dont acknowledge that's the end of it .
    So they cant do anything


    They can keep sending you letters :pac:


  • #9
    Drifter50
    Registered Users, Registered Users 2 Posts: 617 ✭✭✭Drifter50


    Just ignore them, after that period of time its unlikely they will waste time effort and money seeking a judgement.

    Like another poster, they are only interested in seeing what they can shake out of an old debt


  • #10
    Squiggle
    Registered Users, Registered Users 2 Posts: 1,256 ✭✭✭Squiggle


    cabbie04 wrote: »
    So I dont acknowledge that's the end of it .
    So they cant do anything

    They can chase the debt whenever they want, regardless of the timeframe. As has been said already the defence is that the debt is statute barred. Some folks seem to think that because a debt has gone unacknowledged for 6 years that the creditor can't chase it up but they can. They can still litigate and try and get a judgement against you. While it's fine to ignore their letters and phone calls, do not ignore the likes of a claim notice , which would be the first stage of the legal process ( In the District Court where amount owed is less then €15k) to secure a judgement. If you ignore a claim notice the claimant can apply, after 28 days of issuing the claim notice, for summary judgement.

    I saw a case recently where a claim notice was served on a defendant regarding a debt which was over 6 years old, and hadn't been acknowledged by the defendant during that period. A notice of discontinuance was only issued by the claimant after an appearance and full defence was lodged in the court by the defendant, the defence being that the debt was statute barred.


  • #11
    cabbie04
    Registered Users Posts: 21 ✭cabbie04


    Squiggle wrote: »
    They can chase the debt whenever they want, regardless of the timeframe. As has been said already the defence is that the debt is statute barred. Some folks seem to think that because a debt has gone unacknowledged for 6 years that the creditor can't chase it up but they can. They can still litigate and try and get a judgement against you. While it's fine to ignore their letters and phone calls, do not ignore the likes of a claim notice , which would be the first stage of the legal process ( In the District Court where amount owed is less then €15k) to secure a judgement. If you ignore a claim notice the claimant can apply, after 28 days of issuing the claim notice, for summary judgement.

    I saw a case recently where a claim notice was served on a defendant regarding a debt which was over 6 years old, and hadn't been acknowledged by the defendant during that period. A notice of discontinuance was only issued by the claimant after an appearance and full defence was lodged in the court by the defendant, the defence being that the debt was statute barred.

    I dont understand that kind of stuff can you explain in layman's terms thanks


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  • #12
    paul71
    Registered Users, Registered Users 2 Posts: 3,285 ✭✭✭paul71


    cabbie04 wrote: »
    I dont understand that kind of stuff can you explain in layman's terms thanks

    It is statute barred. They cannot get the courts to make you pay it unless you have engaged with them (answered an email or letter) in the last 6 years.

    However there is nothing to stop them writting to asking you to pay, and if you reply to them then it is no longer statute barred.


  • #13
    Squiggle
    Registered Users, Registered Users 2 Posts: 1,256 ✭✭✭Squiggle


    paul71 wrote: »
    It is statute barred. They cannot get the courts to make you pay it unless you have engaged with them (answered an email or letter) in the last 6 years.

    However there is nothing to stop them writting to asking you to pay, and if you reply to them then it is no longer statute barred.

    Statute barred or not there is nothing to stop Cabot attempting to get a judgement against the OP. If the OP ignores the likes of a Claim Notice Cabot can seek summary judgement 28 days after it has been served. A judgement would give legal recognition to the debt and Cabot would then have 12 years to enforce the judgement.


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