cabot financial letter

Discussion in 'Banking, credit cards, etc' started by oscarwild13, Apr 27, 2015.

  1. oscarwild13

    oscarwild13 Registered User

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    Neither Avant or Cabot have came back to me to say they have even received my letters, so i cant enter into anything with them, if they are ignoring the letters, i wrote first to Avant in April 2013 telling them my situation and at that stage i offered 50 a month and asked them to stop the interest being added, this was on the advice through email from MABS at the time, they never to this day acknowledged anything other than a letter telling me to destroy my credit card which i did.....i wrote at least 5 times to them and i do have copies to prove i did, but i never suppose asked them about the previous letters, so i will in future, should i write to the solicitors informing them i have already written to Cabot, i would have much rather that Avant had worked with me as it is them i owe the money too, i never ever in my lifetime had any debt hanging over me and always paid my debts and credit cards, its just at the minute my earnings are less than my outgoings...
     
  2. Waver

    Waver Registered User

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    Even with very low earnings an instalment order can be given or a judgement mortgage can be put on the debtors home. An agreed repayment plan may prevent this.

    There is no point in writing to Avant if the debt has been sold to Cabot.
     
  3. oscarwild13

    oscarwild13 Registered User

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    13
    Neither Avant or Cabot have acknowledged my letters, i did write to Avant to inform them of my situation in April 2013 on the advice of MABS i offered them 50 a month and asked them to suspend any interest in order that i could pay them off, they never ever came back to me and i wrote 5 letters to them asking them to come back to me but they haven't apart from asking me to destroy the credit card which i did, they wrote to me in February saying that Cabot had now taken over the amount owing, i just wish i could have came to some arrangement with them, they never once gave me the opportunity to pay anything to them all that time, should i now write solicitors again informing them that i have written to Cabot and ask them to acknowledge...really dont know what to do with this, i have always paid my bills, this is the first time in my life that i am struggling to make ends meet....
     
  4. Gerry Canning

    Gerry Canning Frequent Poster

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    Oscarwild ,

    Chill out and cool down,

    From what you have posted you have been reasonable.
    Wait now until Cabot get back onto you.
    Please ensure you get a repayment YOU can afford and a fair closure date ie, not 50 per mth for ever and ever.
     
  5. oscarwild13

    oscarwild13 Registered User

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    THANKS GUYS, I APPRECIATE ALL HELP I HAVE BEEN GIVEN ON HERE, I HAVE WRITTEN TO SOLICITORS NOW AND WILL AWAIT A RESPONSE I ASKED THEM TO CONFIRM THAT THEY RECEIVED MY LETTER TO CABOT SO I WILL KEEP EVERYONE POSTED
     
  6. RedSetter

    RedSetter New Member

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    Ah, the wonderful Cabot financial / Belgard solicitors combination. A right lot of incompetents on every level. I could write a book on these clowns based in my first hand experience. For very similar reasons as to what Mr wilde has outlined.

    The first thing about Cabot / Belgard Solicitors is that they share the same address, that's not the only thing they share.

    The Cabot / Belgard solicitors firm are one and the same, Cabot is fronted by an ex Army man called Sean Webb and as for their legal bit on the side, they have just one solicitor -who is also a director of Cabot (Kevin Callan) - fronts the solicitors 'practice' - which is effectively a tool to instil the fear of God and a 'solicitor' into a debtor that they claim owe them, or their clients, money, or a debt.

    You can create a solicitors 'practice' with just one solicitor, call it " Acme Solicitors" and employ as many people as you like to work for said 'practice' under the name "Acme Solicitors" solely for the purposes of debt collection. The people writing the letters and making the phone calls are not solicitors, but are a bunch of half arsed debt collectors making commission and using the solicitors 'name' as leverage and to make them sound more credible. The people on the phones rely on tough talking, bullshit and bravado in order to earn a wage. They haven't the slightest clue about the law. They just want money.

    Your 'contract' with MBNA etc was solely with them. Cabot are an unwelcome and unwanted 3rd party to the private business between 2 parties. This business of buying debts and liabilities is highly contentious and I personally will not acknowledge or entertain any such things as "debt purchase" - if I owe money to one company/institution etc, then that's who I owe. Not some vulture fund or get rich quick scheme who bought the original "debt" at 10% or less of the value. Cabot tried this trick with me and I told them politely to go forth and self reproduce (read between the lines). Got the usual shite of 7 days or else, 5 days or else, all went in the bin or was sent back to them with a reply of equal measure.

    From what you have said, you have tried to be reasonable, honest and open with them. They haven't played ball. And they probably won't either. Their business is based on threats, intimidation and frustration. Keep copies of all the letters you send, and finally, if they are still doing their usual stuff of threats and bravado, or if you suspect they are going to summons, hit them with a €6.35 postal order and a Section 4 data protection act access request (sent by registered post) this means they must supply ALL the information they possess on you within 30/40 days from the date of the demand, including copies of what you have sent them.

    They chased me when I was out of work a few years ago for a debt I couldn't repay. I have been there done that and have a few T shirts. And guess what, they still haven't got any money off me. Not a red cent. And I still haven't seen a Judge or even a courtroom.

    Fight the bastards, show them no mercy. Grow yourself a stronger neck than what they have and face them down. Pay them nothing. Give them no more information. Do not speak to them on the phone. Do everything in writing. Being Mr Nice guy with this shower of thugs will get you absolutely nowhere. Frustrating and time consuming yes, but when they go off with their tail between their legs, the satisfaction is well worth it
     
    Gerry Canning and Annie51 like this.
  7. Jumpstartdublin

    Jumpstartdublin Frequent Poster

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    Cabot and Belgard will reply to you if you email. Friend has multiple letters. Don't chat with them, as I expect similar to any customer you do have ability to record calls unlike them
     
  8. Gerry Canning

    Gerry Canning Frequent Poster

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    Red Setter,
    Can,t disagree with you .
    Your Main point is that all Cabot want is $$$$$,s or ££££,s etc.= you are correct.
    Your best advice is in sending off 6.35 for Data request.
    In one letter you force Cabot into full disclosure .
    From experience they don,t normally hold proper files , so without proper files/documentation they can go whistle !
     
  9. Jumpstartdublin

    Jumpstartdublin Frequent Poster

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    If you give them any stress they will waive fee. Their Belgard solicitors colleague will shy away when you threaten to report to law society.
     
  10. mickeyg

    mickeyg Frequent Poster

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  11. mickeyg

    mickeyg Frequent Poster

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    Outstanding post RedSetter showing these shower of bloodsuckers up for what they are. I often wondered about the officious sounding "Belgard solicitors" and the address sharing.
    Of course you are right their tactic is to bully and intimidate in order to extract €€€€s.
     
  12. mickeyg

    mickeyg Frequent Poster

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    What is the purpose of sending the €6.35 for Data Request requesting full disclosure?? If, as you suspect, they either do not have proper files or documentation and are unable/unwilling to
    furnish them how does this put the debtor in a better position and allow the debt collector "go whistle"??
     
  13. RedSetter

    RedSetter New Member

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    3
    Last edited: Feb 5, 2016
    Hi all

    Thanks for the positive feedback on my post. Yes I did swear a bit but reading the same crap I faced just brought it all back.

    I am going to be somewhat evasive regarding my own details, profile, history etc as I don't want this lot to identify me (you can be sure they read this forum) but I'll keep it as close to the fact as possible.

    A credit card is an unsecured debt, by its nature it is high risk (which is why the interest is so high) and if it goes wrong, it is an extremely difficult and expensive debt to pursue. It is nonetheless a credit agreement/contract and both parties are bound to comply with its terms etc.

    If the consumer/borrower runs into difficulty as a result of financial trouble, ie; unemployment, illness/injury etc, then the first thing to do is assess your financial position and prioritise your debts. Establish what you can afford to repay and to who. It may be the case that you can afford to pay nothing, and there is no shame in that whatsoever. You have to look after yourself and your family first.

    I ended up in a similar situation as to what I outlined above, just after the last general election, and once I realised the severity of my own situation, I immediately wrote to all of the institutions I had debts outstanding, which were not what you call spectacular. Not even at 1% of the debt levels of what some of these developers and speculators racked up and conveniently had them wiped off.

    The answer I got from the institutions, was absolutely nothing. Not even an acknowledgement saying "kiss my ass". Instead, these buffoons called Cabot wrote to me, a generic unsigned letter saying that they were now 'dealing' with the account etc the letter had a 'velvet glove iron fist' approach, something which I don't take kindly to, as this was a 3rd party interfering with my business.

    I sent their letter back to them, with a polite yet forceful reply saying that I was not going to deal with them, I outlined my situation and referred them back to their client (bank) regarding my initial letter. I stated could not afford to make any payments, due to my situation it would be inappropriate to commit to a repayment agreement, and if they or the bank didnt like this, then they could do whatever tricks they liked, but it would change nothing.

    Again I received no reply, except another letter from their 'solicitors' (Belgard) making a demand of payment within 7 days. Again the letter was unsigned and it was sent back to them with a reply of equal measure, telling them to refer to my previous letter sent to both the bank and Cabot.

    At this stage, it became like a game of letter volleyball with these clowns. They sent me a letter, I sent it back with a reply. Each letter they sent got more menacing as time went on, and my replies became equally as dark. Belgard Solrs then sent a few letters, which would normally frighten the absolute shite of a lay person, but I didn't react to its contents in the way they wanted me to, ie; panic and pay up. They were told that their client, their bedfellows (Cabot) etc had all the information they needed, and they were getting nothing more off me until they climbed down off the high horse they were on, and spoke to me like a human being, instead of issuing threats and insinuating that I was some kind of financial cheat or blackguard.

    I got a few mealy-mouthed, authoritive one liners, saying the usual, you owe the money, you have to come up with a statement of means so *we* can assess your financial situation, and if you don't comply then we will issue legal proceedings. I started to think, if they are *going* to start legal proceedings, then why is a 'solicitor' writing to me at the same time as Cabot??

    That is when the light bulb moment came.

    I researched both Cabot and Belgard Solrs and both of them are located in the same building, and would you believe it, on the same floor. That was an awfully odd coincidence. I then checked the bottom of the letters they sent me (kept copies of course) and the same name, Kevin Callan, appeared as both a director of Cabot and as the Solicitor who was the principal of Belgard Solrs. The more I dug into it, the more of a farce the whole thing became. Belgard Solicitors is a legal firm, but oddly enough, they dont actually seek out work from the public, as most solicitors do. As I outlined in my previous post, thats when I discovered that both Cabot/Belgard were the same body, and that's when their mask slipped, and I could see what they were at.

    A few weeks later, I got another letter from Cabot, with a drastically reduced demand amount, and an instruction for me to pay them X amount a month for 12 months. They then said that "your account" will be reviewed in 6 months time. Like a red flag to a bull (who was still out of work) I wrote back to them and told them where to stick their demand. I also told them explicitly that I had no account or contract with them, I had no intention of holding an account with them, and I had no intention of paying them. I said that the only party that I would engage with was the original lender. I wrote all of this and sent their letter back, as I had a feeling it may go to court, and you do need a paper trail if you are going to fight a case.

    I then hit BOTH Cabot/Belgard with a 1988/2003 Data Protection Act section 4 access request (cost €6.35 each) demanding full disclosure of what information they held about my person. To say it was eye opening in terms of incompetence was an understatement. The file they had was littered with errors, half entries and mistruths. They had copies of EVERYTHING I sent them, which proved that they had all the facts, but couldn't be arsed to follow up on them. This would be grounds for an argument that if legal proceedings were commenced, then they were commenced in bad faith and believe it or not, that is a substantial ground for dismissal of a case. It is also substantial grounds to report the legal practitioner to the law society for a fitness to practice tribunal.

    They continued to chance their arm for a short time afterwards, sending follow up demand letters that were not worth the paper they were written on, and they themselves knew it. I thought to myself 'If they had a case against me, then why were they sending more demand letters after all this word wrestling and not just go to summons?'

    I wrote back to them in one final letter and said, if you have a case to take, then stop playing games and issue a summons, and we will see who wins. If not, then go forth and reproduce, and kindly leave me alone. They chose the second option. The bank then sent another bunch of debt collector clowns after me, who used the very same tactics, and equally got nowhere. They all seem to use the same modus operandi (DC/in house solicitor), and if you know how to play them at their own game, then you will beat them. I don't condone anyone not paying their debts, but if you end up out of work or injured/Ill through no fault of your own, then this kind of bully boy shite is the last thing you need.

    NEVER EVER talk on the phone to their agents. Never commit to a repayment schedule with any debt collection agency, AND NEVER send them a statement of means. Instead of playing fair, they will use all of this as a weapon against you they will dictate their terms to you. These guys are professional bullies, they do this shit to 1,000s of people a day. But they have no power behind it all. If they don't have any of your financial information, then they are totally blind and have less leverage. EQUALLY THEY CANNOT CHARGE YOU FEES FOR THEIR SERVICES IF YOU DO NOT AGREE TO ENTER A CONTRACT WITH THEM. BY AGREEING AN INSTALMENT PLAN YOU ARE CREATING A CONTRACT AND ACCEPTING THEIR PRESENCE. THE BANK CANNOT CREATE A CONTRACT BETWEEN YOURSELF AND THE DEBT COLLECTION AGENCY!!

    You MUST keep a paper trail of all letters sent/received. If it's not in writing, it didn't happen. And if you dont have a paper trail, then you dont have any defence. You can be bloody sure they are keeping copies of what they send you! Keep the letters professional and polite. Forceful but not emotional. They don't want to know your stories about having 15 kids and 8 of them are special needs with the other 7 blind. This is largely irrelevant in the eyes of the law. If you are going to smash their case then you need to be able to prove that you have tried to engage with the creditor but they have failed to engage meaningfully with you.

    As for unsecured debt purchase etc, I cannot offer legal advice on this one, as to who actually in the eyes of the law "owns" the unsecured debt, but I would not entertain any such engagements with debt purchase farms like Cabot, Intrum Justicia etc. I'd refer all correspondence to the original institution and let the vulture collection company go and swing. Again not legal advice just my own opinion. Best of luck
     
    Last edited: Feb 5, 2016
    Annie51 likes this.
  14. Gerry Canning

    Gerry Canning Frequent Poster

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    .....................

    Yup,
    If they don,t have full documentation within 40 days it is very very hard to enforce any debt , ie (go whistle)
     
  15. RedSetter

    RedSetter New Member

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    They will still try and bully you to pay up though. They have no regard for facts or figures. They only want cash and they will try every trick on the book to extract it from you using whatever threats and means necessary. As I said play them at their own game and call their bluff!
     
    Gerry Canning likes this.
  16. MichaelO1979

    MichaelO1979 New Member

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    9
    Hi

    I need some advise, I had a debt with Ulster Bank and they have sold it to these vultures Cabott Finance and Belgard Solicitors but not before sending out a heavy to my parents house looking for me and in his wisdom he decided it was fair game to tell my elderly father what he wanted me for and that I had better pay up. He tracked me down to my new address and when I opened the door he barged straight in and sat in the sitting room. He was a right nasty piece of crap and I asked him to leave more than once before I threatened him that he was now inside my home and I felt intimidated and if he didn't f off I would not be responsible for my actions, he left and I rang the bank the following day and all i got was that's what you get for not paying your bills.
    I have refused so far to deal with these horrible people as I phoned them and they tried to trick me into paying just €15 to bring the balance to even money. I have wrote to them (Cabott) several times they don't reply to some of my letters they have now put their colleagues over at Belgard Solicitors on the case. Belgard have been writing to me with 4 months now with various threats of court, county sheriff, committal orders, ect. I am refusing to deal with them and have outlined this in many letters as I have asked for information to be supplied with regard to their right to peruse the alleged debt without any proper proof of they owning it, they have not provided me with any proof of ownership only a letter from Cabbot saying welcome to Cabbot and telling me the bought the Debt off Ulster Bank.

    What I need to know is do I have to deal with these nasty people and engage with them or should I let them take me to court if they can and let a judge decide on the case. I have never been told that the bank sold the debt or have I ever been sent a copy of the loan agreement either by the original lender or bu cabbot. I never got statements from the bank and when I requested them they only went back 3 years and they cant tell me how much money I borrowed from them. I tried to be reasonable with the bank but they wouldn't deal with me I was paying 100 per month up to 2014 but they never froze the interest and they also charged me a monthly fee for not honoring the original loan agreement so no matter how long I payed the 100 per month I would never clear the principal sum of about €3700.
     
  17. Gerry Canning

    Gerry Canning Frequent Poster

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    1. Stay Cool.
    2. Read some of other threads on Cabot/Belgard.
    3. When approached again , request full disclosure of signed agreement and statement of payments made.
    4. Give zilch info /answer no-one until you have facts @ hand.
    5. Write down and record any and all calls/visits.
    I just don,t see Belgard (which are part of Cabot) doing other than huff agus puff on this , they are good at inferring legal etc .

    In conclusion , politely request all documentation to show debt ,and on the off chance you get it, come back to us.
    ps. In NO way should you have to deal with thuggish behaviour,ans as per 5 , its bluff.
     
  18. MichaelO1979

    MichaelO1979 New Member

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    Last edited: Mar 15, 2016
    Thanks for the reply
     
    Last edited: Mar 15, 2016
  19. MichaelO1979

    MichaelO1979 New Member

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    Hi all,

    I received another letter from Belgard requesting my income and expenditure and it says that if I don't reply they are going to issue court proceedings within 7 days.

    I have requested from Cabot a certified copy of the original agreement with Ulster bank but I've not received any response! I sent them a data access request also so I'll wait and see what they send me.

    Thanks for the reply.
     
  20. demoivre

    demoivre Frequent Poster

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    He has no right to be on your property never mind in your house. You should have called the gardai if he didn't leave immediately you asked him to.