# cabot financial letter



## oscarwild13

hi there, i am looking for advice on what to do about a letter i have received, telling me that cabot financial now own my credit card debt, i fell into arrears in april 2013 as i had a real threat of losing my job, i didn;t lose it in the end but was kept on 16 hours a week which meant a massive drop in my income, as soon as i learned of my situation i contacted MBNA/Avant and told them of my situation, i wanted them to liaise with me and try and work with me, i sent letter after letter they didn't acknowledge one of them, i asked them to settle and i asked them to stop the interest so that i could catch up but nothing came of it, to be honest i never contacted them for a good few months now but have now received this from cabot, they are telling me i owe them 3,500, i really dont know what to do about this, i cannot afford to pay them anything like this amount on my wages which are 187 a week, can anyone give me any advice as to what i do from here, do i ignore these people or interact with them, i could pay them off 40 maybe 50 a month but that would be it....any help you can give me would be so much appreciated, i have never owed or been in financial difficulty in my life and have always honoured my debts but this is just too much for me at this stage and the majority of that balance is all interest added each month.


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## unsub

Write back to Cabot & show them proof of your Income and Expenditure, account for everything. MABS has a good I & E form for you to download and use. Prove to them what is the most you can pay. Be realistic about this, do not over promise. You need to have a contingency fund for life's little emergencies/Xmas etc. Are you up to date with all of your bills? Would be of the opinion that €15/20 p.m. might be a fairer figure, without having seen your I & E. If you have access to a lump sum, offer them 10% in a full and final settlement and negotiate up to 25% max.


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## oscarwild13

Hi there, thank you for your informative feedback, i really appreciate it, i would have thought that Avant card would have worked with me instead of ignoring my suggestions to work things out, i have seen on here that they actually approached some of the clients and offered them settlements but they didn't acknowledge anything from me at all which is very surprising and there was really nothing i could do about it, yes, it would be more realistic for me, i could offer them 10% of course i would borrow it from a family member and could pay them back, but how do i know that they have any legal docmentation belonging to me in relation to Avant, they haven't produced anything other than the letter threatening me that i dont correspond within 5 days they will pass it on to their Solicitors, i dont want to owe anyone anything i never have and its really worrying at this stage, i suppose i did bury my head in the sand a bit, but i want to get rid of it if i can, i have kept all the documentation sent to Avant as proof, if and when they do take legal action if they wont agree a figure, should it not be Avant taking me to court and not cabot financial, i really dont understand it to be honest, again thank you very much for your information.


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## 44brendan

I would tend to send them back a letter telling them you can't afford to pay them anything. At 187 pw you are effectively earning the equivalent of SW entitlement and while they potentially could take a judgment against you this will get them nowhere given your low earnings. Paying them anything at all from your low wage is not recommended as you will get continuous hassle for more! Have no worries


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## oscarwild13

ok everyone, thank you so much, should i send them a copy of my P.60 showing my low earnings or not?? i am just afraid of going to court i would have heart failure to be honest and would be so ashamed of letting this happen to me, how can i prove to them that i cant pay, they say that the debt has been taken over by them since 31 january, how soon would they have me in court for this, why would Avant card not work with me, i have had a credit card with them since 1994 and never defaulted in any way, i am shocked that they didn't try to help me out with allowing me to pay them instead of a debt collector


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## 44brendan

No problem in sending them a copy of P60. No issue about going to Court. Even if they did progress to getting a judgment you don't need to appear unless you are putting in a defense (unlikely if the debt is due). You need to develop a hard-neck on this. As I said previously they are unlikely to progress this to Court given your low income. Even if they do, there is little that they can do with a judgment unless you own property and they can register it against any property owned. Given you income an installment order would not be granted against you.


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## oscarwild13

thanks so much brendan but i have a mortgage too its in joint names, so could they go after me in this case, i will send them my p.60 and explain my situation to them, i guess thats why avant didn't bother dealing with me, i made them aware that i was going to lose my job and then made them aware that i only have 16 hours per week so i guess they thought i wasn't worthwhile deal with.....i would be desperately worried about my home in this case although its not secured or anything


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## Gerry Canning

Oscar wild 13,

Cool down ! Cool down !.
Take the good comments and advice given.You WILL be OK.
The House is 100% safe, I repeat safe.
........................................................
Cabot are shaking the branches to see what free funds you have.In fairness they are entitled to check things, before they back off.
From what you posted you have NIL free funds.
When you send them your Income p60 etc they may try to get something from you.
Please pay nothing, you DO not have the income.
Please come back to AAM if you feel too bullied/stressed/.


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## oscarwild13

Gerry Canning said:


> Oscar wild 13,
> 
> Cool down ! Cool down !.
> Take the good comments and advice given.You WILL be OK.
> The House is 100% safe, I repeat safe.
> ........................................................
> Cabot are shaking the branches to see what free funds you have.In fairness they are entitled to check things, before they back off.
> From what you posted you have NIL free funds.
> When you send them your Income p60 etc they may try to get something from you.
> Please pay nothing, you DO not have the income.
> Please come back to AAM if you feel too bullied/stressed/.


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## oscarwild13

Hi Gerry,

many thanks for your support and information, i just am afraid of it going to court thats all, i want to pay the credit card i always did, but they never once contacted me, i have copies of letters i sent them, i know i owe the money but not 3,500 a good 1000 is interest for sure, will they find out i have a mortgage in joint names??? i really dont know how these things work and would welcome any help, in your opinion should i answer the letter and tell them my earnings, or will they know already based on the information i sent in 2013 telling avant of my plight with my job and low earnings.


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## Gerry Canning

As Brendan 44 says , you do not have to go to court.Take Brendan44 advice in the letter you send.
..............................................................
Does not matter if they find you have joint mortgage.
.................................................................
Comes down to your ability to pay , that is NIL.
............................................................

I strongly stress (get the hard neck) and do not be suckered into payments you cannot afford.
(the hard neck) will get you closure.

Remember Cabot need closure as well.


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## 44brendan

Oscarwild! You appear to be a genuine person who got into financial difficulties and are currently unable (not unwilling) to deal with these difficulties due to your low income. To someone who is not familiar with the Legal System Court proceedings can seem to be potentially severe. Both Gerry and myself have tied to explain to you that the Court process will not work against those on low income such as yourself. In most cases companies like Cabot will do their outmost to scare people into making some kind of payment to them. Remember that they have bought over a package of non-performing loans at a likely extremely low value so any result to them is likely to be profitable.
Don't lose any sleep over this. If you can't pay, you can't pay and Court process is unlikely once they realize this!


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## oscarwild13

44brendan said:


> Oscarwild! You appear to be a genuine person who got into financial difficulties and are currently unable (not unwilling) to deal with these difficulties due to your low income. To someone who is not familiar with the Legal System Court proceedings can seem to be potentially severe. Both Gerry and myself have tied to explain to you that the Court process will not work against those on low income such as yourself. In most cases companies like Cabot will do their outmost to scare people into making some kind of payment to them. Remember that they have bought over a package of non-performing loans at a likely extremely low value so any result to them is likely to be profitable.
> Don't lose any sleep over this. If you can't pay, you can't pay and Court process is unlikely once they realize this!


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## oscarwild13

thank you so much you have given me great support here, i really really appreciate it, so i should answer the letter and send them my P.60 and tell them i am unable to pay anything, is that the best course of action, i wouldn't have minded paying avant monthly installments but they obviously didn't think it was enough and thats why they have ignored me, cant understand it to be honest, i am so so grateful for your help in this matter, its been worrying me so much...should i state to them that i did try to liaise with avant and they ignored me and that i have documentation to prove or not??? sorry for all the questions....and thanks again


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## 44brendan

Keep it simple! Send a letter with a summary of your income/expenses and advise that you are not currently in a position to contribute anything to repayments. State that you will advise them in the future if your financial position improves. Enclose P60 or copy payslips. Then ignore any further correspondence from them!


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## oscarwild13

ok i will try that brendan, again i cant thank you guys enough, i will keep everyone posted thank you so much...


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## oscarwild13

on recommendations from this forum, i wrote and sent them copy p.60 and breakdown of my outgoings which show i am paying out more than i take in, they seem to have totally ignored my letter as i received a letter from their solicitors saying they are looking for full payment and that i have failed, refused and neglected to discharge, i did say in the letter if my circumstances changed i would honor my debt, if i dont reply to solicitors letter in 7 days the are taking legal proceedings against me...can anyone give me any advice as to where to go from here, its a nightmare, i wish i could discharge it to get rid of them....the solicitors appear to have the same address as Cabot Financial..


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## Gerry Canning

oscarwild13 said:


> on recommendations from this forum, i wrote and sent them copy p.60 and breakdown of my outgoings which show i am paying out more than i take in, they seem to have totally ignored my letter as i received a letter from their solicitors saying they are looking for full payment and that i have failed, refused and neglected to discharge, i did say in the letter if my circumstances changed i would honor my debt, if i dont reply to solicitors letter in 7 days the are taking legal proceedings against me...can anyone give me any advice as to where to go from here, its a nightmare, i wish i could discharge it to get rid of them....the solicitors appear to have the same address as Cabot Financial..


Oscar wild,

This is a trawling exercise twix Cabot/Solicitors.
Keep copies of letters you sent and in future do as follows on letters that (threaten you).
Write on the actual letter  as follows.
I have already replied , will you please confirm you got my earlier responses.
Signed Oscarwild and dated,

Photo-copy that written on note and it should end there , if not keep doing it on future letters.
I know all this is a nuisance but it is one way of keeping you covered.


However if you get an ACTUAL as distinct threatening note eg a real SUMMONS, do not ignore it.


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## Waver

Cabot and their solicitors routinely accept payments of €5 or €10 per month as do MBNA and Avant. It is very strange that all of these institutions are ignoring your offers.

have you followed up your offers of payment with actual regular payments or has it all been a paper exercise?


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## Gerry Canning

Waver said:


> Cabot and their solicitors routinely accept payments of €5 or €10 per month as do MBNA and Avant. It is very strange that all of these institutions are ignoring your offers.
> 
> have you followed up your offers of payment with actual regular payments or has it all been a paper exercise?



Waver,
Paying 5 or 10 on an account seems like a good idea but all it does is stretch out an issue to the never-never never end time.I would strongly advise against that
Unless there are agreed repayments and agreed sensible finishuing times it becomes a chronic condition! .


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## oscarwild13

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...


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## Waver

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.


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## oscarwild13

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....


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## Gerry Canning

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.


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## oscarwild13

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


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## RedSetter

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 This post will be deleted if not edited to remove bad language 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


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## Jumpstartdublin

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


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## Gerry Canning

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 !


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## Jumpstartdublin

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.


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## mickeyg

RedSetter said:


> 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 This post will be deleted if not edited to remove bad language 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


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## mickeyg

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.


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## mickeyg

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"??


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## RedSetter

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 This post will be deleted if not edited to remove bad language 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 This post will be deleted if not edited to remove bad language 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 This post will be deleted if not edited to remove bad language 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


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## Gerry Canning

mickeyg said:


> 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"??


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

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


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## RedSetter

Gerry Canning said:


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



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!


----------



## MichaelO1979

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.


----------



## Gerry Canning

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.


----------



## MichaelO1979

Thanks for the reply


----------



## MichaelO1979

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.


----------



## demoivre

MichaelO1979 said:


> 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 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.


----------



## Dermot

MichaelO1979 said:


> 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.



Do you have a name for this "Thug" as this is what he is if your description is accurate.
Is he licenced ? 
If your description of how he entered and stayed in your house is accurate he would probably be guilty of a criminal offence.
He would have questions to answer under Data Protection if he discussed your debt with your father as you state.
Cabott might also have questions to answer if this is the type of individual (as you describe) yhat they employ.


----------



## MichaelO1979

Hi All

I done a data request to Cabot, the file seems to be very very vague, basically all they have is my name address and alleged amount owed! During their data search low and behold they found my letter demanding original contract and statements but to date I haven't received same! My take on the credit act 1995 is that a collection is not in forcible without supplying this document! They didn't supply it with the data request so do I presume they don't have it and only have amount owed and my name and address.


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## Gerry Canning

Michael,
Not surprised you got minimal info,
Methinks they can go whistle Dixie now.!
Try not to get into much more communication with them , should they again write just re-request statements and copy of signed contract, (keep copies of everything)


----------



## MichaelO1979

Hi Gerry, many thanks for your input! Is shows that I requested the signed copy of statements and original signed contracts but they never acknowledged these requests! They wrote today saying they were carrying out an internal investigation and would revert back to me regards to my letter of complaint when they didn't reply to my request for contract ect. Their paper work seems very vague and has very little information about me or the alleged debt! Very strange that they are issuing court threats with no evidence or paperwork to prove a case!


----------



## Tom Finn

MichaelO1979 said:


> Hi All
> 
> I done a data request to Cabot, the file seems to be very very vague, basically all they have is my name address and alleged amount owed! During their data search low and behold they found my letter demanding original contract and statements but to date I haven't received same! My take on the credit act 1995 is that a collection is not in forcible without supplying this document! They didn't supply it with the data request so do I presume they don't have it and only have amount owed and my name and address.


Did you just send a letter requesting the info? Were you required to send €6.35? Where do you stand now?Have they got back to you since?


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## PatrickJ

I had issues with these people myself in the not so distant past; made my life a misery for a long time.  I disputed the debt they claimed I owed them.  When my file arrived the deed of assignment was like something a child world draw up; no mention of my name, address just a note stating that they had purchased a debt with X amount outstanding.  They could not issue me with a statement of account etc. I made a complaint but got nowhere. 

I had a "gentleman" call to my home.  I politely asked him to return to his car and told him I had no debts with him or the company he represented.  A long time after that I caught him speaking to neighbors.  I don't know what he said but the neighbors never told me and I never bothered to ask!

I'm still standing my ground on this matter and refuse to be taken for an idiot by this crowd. Are they even regulated?

The last I heard from them was an idol threat of judgement and/or a visit from the Sheriff if I did not update them with personal information i.e. the information that was not on my deed of assignment etc.


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## Jumpstartdublin

Cabot are particularly professional and competent at their business. Obviously it's a different area for anyone to work in. They would be anxious to ensure that the debt owed is factually correct etc


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## PatrickJ

The first time I have seen Cabot being described as professional and competent!


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## MichaelO1979

Hi all

I received all they had on file which was my name, Don, old address and nothing else, showed from my first reply that I was disputing the debt and also showed a letter of complaint I made to them which has been ignored, haven't had any further letters since they sent the data access request back! Not sure if they are going to bombard me with further threats of court or not but time will tell! They have tried several times to scare me into paying but I'm not acknowledging them!


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## MichaelO1979

Good Morning all,

Today Cabot sent me a signed copy of the agreement from the bank along with letters the bank supposedly sent me informing me that they were transferring the agreement to Cabot. The loan was taken out in 2006 with the last payment been made in 2013, I don't know what to do next so any help or information would be greatly appreciated.
From what I can see in the statement it only goes back to 2009 and no further back, It does not show any payments I made between 2006 and 2009 which I find most bizarre, also the bank were charging me €170 per quarter interest plus rejected standing order charges and fees so most of the figure is made up of fees and charges., I was left go from my job in 2009 and had payment protection but the bank never informed me I had it so from what I can see I was covered while out of work until 2013, I informed the bank I was made redundant but they kept pushing me to pay when I couldn't afford to.


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## Gerry Canning

Michael,

They have Not sent you the full file as per Data Access Request.
Under Data Access they must send you everything eg transcripts of calls ,copy computer notes, copies of most things.
I find it sad that you paid expensive Payment Protection (PPI) yet Mr Bank has the cheek to chase you.
On PPI ,it was supposed to be voluntary and common sense tells me if it had NOT been missold, you would have known you had it and unless you are mad you would have availed of it.
On fees/charges , they are entitled to add these on ,but again had you known you had PPI issue would have been different.

For now I would ignore them.
If it gets heavy come back to us.


----------



## MichaelO1979

Hi Gerry

When they went through the data access request they found my letter of complaint and when the investigated this 8 months later they now send me everything I was looking for to start with, I:E statements, copy of agreement ect. Should I write a data access request to the original lender asking them to send me everything they have on file about me.


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## Gerry Canning

Starts getting messy and hard to follow if you keep looking.
Suggest just start now from today with a clean sheet.
1. Take no phone calls.
2. If Cabot write ,only respond IF it is in your interest eg if they threaten law etc,that means little , a threat is not action.So read their letters carefully.
3. If things get heavy request another Subject Access Request from Cabot and from Bank.

The Banks Request will show up the PPI and that will change things .
Importantly. Be slow to respond unless you are sure of things.


----------



## Chris2014

Bit of an odd situation. 

Just had a phone call from someone saying they where from Cabot Finacial. I googled the name and this thread came up.

They said   

Cabot  "Hi is this Chris XXX"
Me "Yeah it is"
Cabot "Can you confirm your full address?"
Me "Who are you?"
Cabot "This is XXX from Cabot Financial"
Me "Never heard of them. Why would i give my address to someone ive never heard of"
Cabot "You should have heard from us already"
Me "Never heard of you in my life. Whats this about?"
Cabot "I cant tell you that."
Me "Well then what is the point in ringing me?"
Cabot Hung up

Now the fact i owe nobody a bloody thing has me worried. Im not in debt. No loans. Havent had loans in about 10 years. Have a lot of savings in my only bank account.

The way they said i should have heard from us would say to me that they have sent letters to a wrong address and the first question was them trying to get my address so they clearly do not have my correct details.

To get a subject access request i would of course have to give them my proper address so i really dont want to do that.

Ive recently before this happened checked my credit history through an online service where you pay a couple of euro and they send you your history. Not a mention of anything bad. Just what i expect.

Ive just blocked their number on my phone and that should be the end of it i assume.

Should i do something else? Can they somehow do something bad to my credit with very few details?


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## demoivre

Chris2014 said:


> Can they somehow do something bad to my credit with very few details?



No, Cabot aren't members of the ICB.


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## Chris2014

demoivre said:


> No, Cabot aren't members of the ICB.



So im well to just forget about it i would say. 

Sound like a crowd that i dont want to be getting involved with anyway.


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## Red1980

Hi I'm looking for a bit of advice about how to deal with Cabot. A little over 5 yrs ago I had a 20 Euro a month deal with a telecommunications company for internet. For the first few months the bill was normal then out of no where I got two bill that added up to 3,500. At the time I was working 40+ hours and couldn't understand how this was possible. I rang the company and ask what had happened and why wasn't I notified or my internet cut off when it reached its limit. I was told it was impossible for my bill to be that high and I should get a garda letter sent to them to unlock the privacy to see what happened. I did just that and the company still didn't sent me the itemized bill even after numerous call to them and another letter from the garda. They eventually stopped returning my calls. A couple of weeks later I started getting letters from their solicitor and I explained the situation that I would have no problem coming to some sort of payment plan if this was in fact a legimate bill but even they could not get the itemized bill from the company and they stopped returning my calls. A month ago I got a letter from Cabot saying they have taken over that account and want full payment. I ignored this letter because I don't want to deal with this crowd and somehow end up entering myself into a contract with them. Two wks later they send another letter offering to settle for half of the amount. I ignored it because I honestly don't have the money to pay because I'm now on disability with a little income. I got a letter last wk demanding full payment in 7 days of legal action will be taken and aging this wk saying I have 4 days or I will be taken to court. I'm tempted to let them take me to court because this debt was disputed and I have the letters and the statement from the garda to prove this. Should I ignore them and see if they take me to court of engage with them


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## Sunny

Ignore. Let them take you to court. They won't.


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## Red1980

Sunny said:


> Ignore. Let them take you to court. They won't.


Thank you for the reply so I will just keep doing what I'm doing and completely ignore them


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## MichaelO1979

Hi All

Got another letter from Cabot saying that they were giving me one last chance to pay and it would be in my best interest to contact them to discuss a reduced rate, they are also threatening me with an 8% interest rate p.a if I don't come to some deal with them. They also threaten court action along with judgement mortgage against any property I own (I don't own any property) also threats of sheriff calling to my property to seize goods, I'm just wondering is this all huff and puff to try and get me to submit to them and start paying up. I will of course be ignoring this letter and will keep on file, I also note that they are now saying on their letter that they are the original provider of the finance,


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## trasneoir

Red1980 said:


> Hi I'm looking for a bit of advice about how to deal with Cabot. A little over 5 yrs ago I had a 20 Euro a month deal with a telecommunications company for internet....


AAM, correct me if I'm wrong: this debt (even if it did exist) dies after six years, right? http://www.irishstatutebook.ie/eli/1957/act/6/section/69/enacted/en/html

My interpretation is that you are a name on a list that Cabot have bought from this telecom. Some of the names/debts on that list might be legally enforceable, most aren't. 

Cabot's business is extracting maximum value from that list with minimum cost. Given the low value of these "debts", they are not worth much manual effort to chase individually.

Nobody in the company will have spend so much as a minute on your case. They will have an automated system spam the names on the list, to see who "volunteers" to engage with them. Those who take the bait will be harassed further, to see if they will "volunteer" to commit to handing over money. 

At some point, the system will decide that you're not worth the cost of stamps and paper to harass you.


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## Red1980

Hopefully that's soons. But at this point I have everything ready to send to them if I do get legal documents sent to me so let's hope they have everything their suppose to have because I have everything to shows its disputed along with letters from the Garda.


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## Gerry Canning

Red1980.

Listen to the thread :
Cabot are (rising) you to see can they squeeze funds .
I know its unfair etc but c,est la vie!

Safely bin their notes .


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## Chris2014

MichaelO1979 said:


> Hi All
> 
> Got another letter from Cabot saying that they were giving me one last chance to pay and it would be in my best interest to contact them to discuss a reduced rate, they are also threatening me with an 8% interest rate p.a if I don't come to some deal with them. They also threaten court action along with judgement mortgage against any property I own (I don't own any property) also threats of sheriff calling to my property to seize goods, I'm just wondering is this all huff and puff to try and get me to submit to them and start paying up. I will of course be ignoring this letter and will keep on file, I also note that they are now saying on their letter that they are the original provider of the finance,



I just ignored them and they gave up. 

Has anyone here ever had anything further from them after a few threat? 

Yet to hear of a threat they actually followed on through with.


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## Red1980

I would love to know. I have checked most forums about them and only ever read of debts going to court in england. Never in Ireland. I'll tell you in a week if they follow throught with court I got my last four day warning last week for court action off them so if they will follow through with their threats I'll know next week


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## mickeyg

Chris2014 when you say "i just ignored them and they gave up" that's great but is there still a threat that it might resurrect again if you, say, won the Lotto! Or does it mean that they
no longer have you on their "active" list and you are essentially free from them??


----------



## Tom Finn

Red1980 said:


> I would love to know. I have checked most forums about them and only ever read of debts going to court in england. Never in Ireland. I'll tell you in a week if they follow throught with court I got my last four day warning last week for court action off them so if they will follow through with their threats I'll know next week


Any update Red? Have you a court date?


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## Red1980

Tom Finn said:


> Any update Red? Have you a court date?


Haven't had so much as a letter since my last update. I'm hoping that will be the end of it but it's hard to know with this crowd but they definitely don't seem to follow through with their threats of court otherwise I would have got a summons awhile back


----------



## vandriver

Red,are these letters with the threat of court action from Cabot,or their in house solicitors Belgard ?


----------



## Red1980

vandriver said:


> Red,are these letters with the threat of court action from Cabot,or their in house solicitors Belgard ?


The first two were from Cabot and the next ones were from belgard threatening court action. One was giving me something like 7 days to pay the full amount or court proceedings would be started against me and the next one was giving me 4 days both of them were from belgard. Again I didn't contact them and haven't heard anything since my last post update. This could change but so far I haven't gotten one letter after their letter listed out all the actions they would take against me.


----------



## Jake12

Hi All,
I have a very similar experience with Cabot/Belgard as most of you. Lost my job back in 2009 and had a credit card with MBNA and let things get on the long finger, paid a lump sum off with help from family but fees and penalties kept mounting up and was left with a debt about 4k before Cabot got involved. To make a very long story short I engaged with Cabot and realized what a shower I was dealing with so investigated what my rights were... over eighteen months ago I requested CCA, full statements, and Deed of assignment for Debt from MBNA to Cabot. Initially they said they didn't have this info but after considerable correspondence and now the involvement of Belgard "Solicitors"  I have today received a CCA from MBNA and some statements and a "Welcome" letter from Cabot as proof of the debt. Am I right in saying that they would need a deed of assignment to prove their right to collect the debt? What is the consequences for Cabot if they fail to provide CCA with the prescribed 10 days? Belgard are still threatening legal action despite the debt being legitimately disputed, is this something the Law Society have any interest in? Many thanks in advance


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## mortgage2015

Any update on this


----------



## Tom Finn

Jake12 said:


> Hi All,
> I have a very similar experience with Cabot/Belgard as most of you. Lost my job back in 2009 and had a credit card with MBNA and let things get on the long finger, paid a lump sum off with help from family but fees and penalties kept mounting up and was left with a debt about 4k before Cabot got involved. To make a very long story short I engaged with Cabot and realized what a shower I was dealing with so investigated what my rights were... over eighteen months ago I requested CCA, full statements, and Deed of assignment for Debt from MBNA to Cabot. Initially they said they didn't have this info but after considerable correspondence and now the involvement of Belgard "Solicitors"  I have today received a CCA from MBNA and some statements and a "Welcome" letter from Cabot as proof of the debt. Am I right in saying that they would need a deed of assignment to prove their right to collect the debt? What is the consequences for Cabot if they fail to provide CCA with the prescribed 10 days? Belgard are still threatening legal action despite the debt being legitimately disputed, is this something the Law Society have any interest in? Many thanks in advance



Have you had any update Jake? What's the latest from Cabot?


----------



## MisterMarkie

I am in a similar position (see other threads). I have paid back all my other outstanding loans and liabilities (mortgage ongoing) and this one old MBNA/AVANT credit card is now with Belgard/Cabot. It's the last item from when I ran into difficulty.  I got the registered district court letter from them yesterday evening.


----------



## mickeyg

Anyone have dealings with another bunch of bottom feeders Arvato?? I had previously received a demand from Cabot and now received a
similar demand for the same AIB debt for which I was a co-guarantor.
What should I do - I absolutely have no resources whatsoever to be able to pay this.


----------



## corruptbankster

Any advice for someone battling them at court claim notice point? 3k credit card debt, pretty much all interest and late fees, it had a E750 euro credit limit back in 2004 and just added more and more fees! Have not taken a call or replied to a single letter since it was sold from MBNA, in 2012 it was on a low value (due to long term disability) payment plan but they sold it anyway. *Has anyone ever heard of them Cabot/Belgard - actually getting  judgement*?  Got copy of local court claim notice by registered post, they whacked on E250 for the fun, despite it being a E25 euro cost to take this action I am told. 

*Anyone ever had them following up such a judgement *- letter threatening sheriff, mortgage attachment etc in past.... No assets, benefits only and mortgage on neg equity house with huge arrears. Won't be attending any courts, due to health, I rarely leave the house.

Will request copies under Data P act for credit agreement. Just want to know if anyone else has been as far as this with them? Had neared the 6 years for statute barring, Cabot I fear might be getting raft of judgements in order for debts accrued during the recession now on people that felt it's effect - so I assume I am not alone. Could go insolvency route but due to my health and late stage on this, i may just trial this for all and see where they go. It's a can't pay and never going to pay, the vultures will starve before I do.

*Hoping this is another scare tactic? *in either event it will just cost them more in fees as they cannot get blood from a stone. Anyone been the course in same position let me know... thanks


----------



## MisterMarkie

I haven't filed a notice to defend their claim notice yet(received 13/02/17) with the court and will be sending them a data request. I can't find anyone else who's been to court with them yet?

Interestingly, I received a call from Belgard Solicitors yesterday. I didn't engage and again stated I would prefer all communication to be in writing.


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## corruptbankster

Cheers MM, I have not seen this either re anyone saying they got judgement?. I guess if it is cheap for them (Cabot) to get judgement - they will as it gives them the option to simply keep hounding people for another 12 years, eventually they will get some return one expects. Has anyone permanently settled even for small money - say 10-20%, asking as it could be possible to sell small items to make up that kind of money and get some closure. It is very distressing going on over 5 years now and calling every second day, leaving horrid messages on main phone line.


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## corruptbankster

Does anyone know if a subject access request under data protection, section 4 - can be made via email, say signed email attached to same? Or does this have to be made via a physical posted letter letter?


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## MisterMarkie

I think you will need to send them a photocopy of ID and a payment of €6.35. I will be doing it this weekend and will update the thread with any progress.


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## MisterMarkie

Data protection request letter sent to Cabot. Let's see what they have or if they request the €6.35 fee.

District court notice to defend stamped by court officer and sent to Belgard Solicitors.

I'll update the thread with any progress.


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## cremeegg

Hi Mistermarkie,

I'm very interested in your case with Cabot. We dont often hear from people who have actually gone all the way with them. It s pity your posts are buried down here in someone elses thread. I for one would be glad if you started a new thread outlining your situation and how you have been getting on with Cabot. i am especially looking forward to hearing about the happenings in court.  Thanks.


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## corruptbankster

Thanks for update - look forward to hearing.


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## MisterMarkie

€6.35 fee requested. I've sent this to Cabot now along with the request.


----------



## Antamon

is there anybody out there? I tried and tried in every way possible to engage with PTSB, filled out every form (seven SFS forms)and answered every call but found that this bank had no real motivation to come to any resolution, I even sent them solicitors letters saying that we wanted and always wanted to engage in meaningful conversation (preferably with one person rather than 30 odd).... to make a long story short myself and my wife's last SFS led them to pass on our account to Belgard Solicitors to commence repossession proceedings against us. When I rang the bank I got speaking to a nice lady in litigation who informed me that the bank had actually requested more info but had not informed us and that it was a mistake. I explained to her that grown men retire to their garden sheds with ropes after such mistakes. My faith in the MARP was shattered and they took me to court anyway. I'll be up soon again for the 4th time and am putting up a good fight. My lovely wife is taking it very hard. After a Data request from PTSB I noticed the blanked out entries on the screen shots 2 of which I found under blacklight to be invoices to Cabot. If I have the invoice numbers are Cabot obliged under data protection request to clarify what these invoices are for? I had never heard of them until now but they are within a stones throw from Belgard (who have put invoices on my Account statement for their great service at my expense)
please let me know what you think or suspect. We weep to have that which we fear to lose.


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## MisterMarkie

Data from Cabot received. Is there a time limit from when I filed my appearance and defence notice and sent it to Belgard Solicitors for them to follow through on a court date?


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## petitverdot

MisterMarkie said:


> Data from Cabot received. Is there a time limit from when I filed my appearance and defence notice and sent it to Belgard Solicitors for them to follow through on a court date?


Did they have all the data and was the information in it correct?


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## corruptbankster

Thanks for update. I would suspect that this might be simply another tactic to put fear into debtors, I will check this out for you and see what can find tomorrow on time limit. My suspicions are that there will be no court case as they prey on the weak.


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## Gerry Canning

Antamon,

On Ask About Money  there is plenty of advice on how to handle your type of situation.
You say you are up for the 4th time ?
If you have  documentation that can show you have reasonably engaged with PTSB and are making realistic moves , no judge will find against you.

One thing is ,do not engage in phone calls, keep it solely in writing and keep copies .

All the Cabot thing is , is that PTSB have farmed collecting funds for PTSB to Cabot.

I can,t overstress = keep copies = don,t engage on the phone.

Get your own head around the  financial predicament you are in , see can you in some way manage a way out , and if you can manage a way out , fight for that .


----------



## Debtfree

Antamon said:


> is there anybody out there? I tried and tried in every way possible to engage with PTSB, filled out every form (seven SFS forms)and answered every call but found that this bank had no real motivation to come to any resolution, I even sent them solicitors letters saying that we wanted and always wanted to engage in meaningful conversation (preferably with one person rather than 30 odd).... to make a long story short myself and my wife's last SFS led them to pass on our account to Belgard Solicitors to commence repossession proceedings against us. When I rang the bank I got speaking to a nice lady in litigation who informed me that the bank had actually requested more info but had not informed us and that it was a mistake. I explained to her that grown men retire to their garden sheds with ropes after such mistakes. My faith in the MARP was shattered and they took me to court anyway. I'll be up soon again for the 4th time and am putting up a good fight. My lovely wife is taking it very hard. After a Data request from PTSB I noticed the blanked out entries on the screen shots 2 of which I found under blacklight to be invoices to Cabot. If I have the invoice numbers are Cabot obliged under data protection request to clarify what these invoices are for? I had never heard of them until now but they are within a stones throw from Belgard (who have put invoices on my Account statement for their great service at my expense)
> please let me know what you think or suspect. We weep to have that which we fear to lose.


Antamon hi there  you have my empathy and support for the terribly wrong situation you and your family are going through.debt is the new illness sweeping our country fuelled by supposedly professional regulated banks stamping roughshod over consumers who in good faith supported a booming banking system and robust economy until the banks that we depended on for financial professional advice overexerted themselves and then came the crash... the SFS I believe is only a 'tick box exercise 'by banks forced on them by the government-  a process they must go through before they proceed to foreclosure. My background is financial regulation and Under the MARP process the bank must confirm to you in writing the result of their review following your SFS including details of their appeal procedure.  Note that Belgard solicitors are acting on behalf of the PTSB bank but if Cabot are  involved or mentioned they are unregulated/transitional per central bank register  so PTSB I think have contravened consumer protection code by transferring your details to Cabot asPTSB  are supposed to. Itify yiu in writing and then Cabot should seek your consent( see regulators code on conduct on credit servicing firms)  .  I think you will find PTSB have not been compliant so you think about writing to them saying you are going to the ombudsman on grounds of no appeal to your MARP and the transfer of your personal data to unregulated Cabot. I think you will find that they will move fast to rectify things. Well done on your challenge so far and your assertive actions on data protection and I hope you get the resolution you and your family so deserve. No family in Ireland deserves to go through this. We need to stand up to corporate greed and unbecoming unprofessional and non compliant corporate behaviour from banks and you need our full support . Nobody should feel shame or guilt for finding themselves in this terrible situation. All mortgagors should be treated with dignity and respect by their banks and should settle for no less.


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## corruptbankster

Another letter from them - threatens agent calling to door and judgement mortgage @ 8% p.a interest. I have understand that this was reduced to 2% per annum
But they continue to threaten at the higher amount and have ignored my correspondence and offer.
Some outfit.


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## Debtfree

corruptbankster said:


> Another letter from them - threatens agent calling to door and judgement mortgage @ 8% p.a interest. I have understand that this was reduced to 2% per annum
> But they continue to threaten at the higher amount and have ignored my correspondence and offer.
> Some outfit.


There are ways to stop these letters and harassing phone calls happy to help if you want me to


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## corruptbankster

Settled a BOI card being handled through Ivor Fitz for low 30% number of final balance, full and final agreement, known as short settlement.

For anyone being harassed and being told 85% settlement is best they will do, stick to your repayment plan as per your means or if you can afford to raise a number in this region of full balance, they will deal, despite the months of wrangling and declining the offer.


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## mickeyg

Thanks for that!
I offered IvorFitz approx. 23% but it was declined. Do you think 30% might be accepted?? How did you go about that - did you continually send them the offer and eventually they agreed??


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## corruptbankster

Hi Mickey, it was end game for them and they knew it, no income and aside from judgement mortgage on a major neg equity mortgage they were looking at getting next to nothing for who knows how many years. This talk of property bubble is laughable for people in the west and most country areas, 10 years after buying badly built semi d and still in 30 or 40% negative equity if could actually sell it.

Of course they turned down first 3 offers offer, like yours, I went in very similar to your % offer id say on my 3rd run at it. The final offer was pretty much take it or leave it and I am happy to see it in court to explain to judge. They accepted and glad to see back of it. I have no doubt they would have gone to court for judgement mortgage or kept me paying nominal token amounts until things might improve, it was only token payments for near 3 years and when they passed it to Ivors, they whacked court fees on it almost immediately.

Thats despite me being on agreed reduced payments with BOI direct, they pushed it out to the debt sharks at Ivors. Basically wiped out all the payments i'd made for 3 years - made no sense.

Glad to see back of it, keep the offer low and go the distance, if you cannot afford it and can prove it, nothing to lose.

Has anyone settled with Cabot that can share details?


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## user2018

Hello,

Sorry to drag up an older topic.

Been in same situation like some of you here...

Honestly,i had an MBNA VISA account ,frozen by MBNA years ago after i lost my job. MBNA disolved back in 2008/2009 and then silence for few years
I was looking for an official figure,statement or balance as after losing my job,PPI kicked in and paid some money without me seing anything as statements.
and then Cabot and their Solicitors letters and phone calls.
I'll say they were very pushy for a while.
Kept saying i cannot confirm or deny the situation.They even had my address wrong and date of birth as well.

Everytime i spoke with them i was asking for the original statements and /or balance as i dont have any recolections of the debt from the last payment made by me or by the PPI.
I had to take phone calls recording where they kept denying the answer or even refused me to call back their office and talk with someone...

However,a short while ago,i received a letter from The Property Registration Authority that a "judgment mortgage" has been obtained by Belgard Solicitors on behalf of the Cabot Asset Purchase .
I do not plan to sell my home for another few decades but im worried that something is not right here...

Anyone been in same situation ,what optione do i have here,please !?
Reading above, I was thinking to send a data request on myself and on my wife and ... take it from here ?

Thanks in advance.


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## DomCorleone

Don't engage with them Cabot have no power. I got so many letters with court date from them never replied to them, never beet to court either and nothing happen yet. I went to MABS they told me that the only thing i can get from not paying credit cards is bad credit because is unsecured loan. Well bad credit will go away after 5 years. with me has been over 12 years this is going on


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## Trudie2021

Hi All
I’m having issues with Cabot, they keep ringing using ‘no caller ID’, I answered once and I heard a click sound, it’s obviously an automatic call system.  Anyone have any ideas on how to stop them ?

I wrote to them a few years ago asking for proof and heard nothing.
I wonder can anything be done under the GDPR rules.


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## Jim2007

Trudie2021 said:


> Hi All
> I’m having issues with Cabot, they keep *ringing using ‘no caller ID’,* I answered once and I heard a click sound, it’s obviously an automatic call system.  Anyone have any ideas on how to stop them ?
> 
> I wrote to them a few years ago asking for proof and heard nothing.
> I wonder can anything be done under the GDPR rules.



It is standard practice these for days to withhold both caller id and phone number, so that if your phone is left on a desk etc... people will not now who is calling you.


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## qwerty5

Jim2007 said:


> It is standard practice these for days to withhold both caller id and phone number, so that if your phone is left on a desk etc... people will not now who is calling you.



Salespeople do this too. 
My standard practice is to let those go to voicemail. If they really want me they can leave a message.


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## Trudie2021

Under GDPR rules a business must have your consent to make contact With you.  I wonder would this reminder of the rules make them beck off ?


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## AnnMcM

They don't need your consent to make the calls. Under Consumer Protection Act they are entitled to call you between 9am and 9pm. Under GDPR they have an obligation to hold accurate and up to the date information about you. If you accept that the debt is owed and you have acknowledged it or paid anything in the past 5 years, i would recommend contacting MABS as it more than likely won't go away. If it is a old unacknowledged debt you can ignore it. But i would seek financial or legal advice and not only advice from a website.


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## AnnMcM

DomCorleone said:


> Don't engage with them Cabot have no power. I got so many letters with court date from them never replied to them, never beet to court either and nothing happen yet. I went to MABS they told me that the only thing i can get from not paying credit cards is bad credit because is unsecured loan. Well bad credit will go away after 5 years. with me has been over 12 years this is going on


You are correct that your debt will go away as it is unsecured and I presume you are not acknowledging it (same resets the clock) and presuming no legal action is taken against you by the creditor to secure their position . However, you are incorrect in relation to this person's problem. Their debt is now secured against their asset so will not go away. I would suggest going to MABS or making a payment plan or settlement offer. Should the debt be large enough, they may want to proceed further and get an instalment order against you or instruct the sheriff to take goods the value of the debt. As they have obtained a judgment mortgage that means that judgement was previously obtained against you. That judgment generates interest every year also. You should get financial and/or legal advice. Please also note that should the debt be large enough to warrant further legal action they are entitled to claim possession of your property as they have a judgement mortgage registered.


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## demoivre

AnnMcM said:


> If it is a old unacknowledged debt you can ignore it.



A creditor can still seek judgement for a debt after the 6 year time frame when the debt becomes statute barred. I saw a case recently where, after more than 7 years, a claim notice was received by the debtor.  The creditor's solicitors were advised of the time frame and that the debt was statute barred. A notice of discontinuance was only issued by the creditor's solicitor after the debtor's solicitor delivered an appearance and defence ! The pertinent point is that the debtor's defence , where applicable, is that the debt is statute barred.


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