How to find if a judgement mortgage has been registered

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NoRegretsCoyote

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Half a decade ago my wife ran up a bill with Tesco Mobile to some kind of misunderstanding about billing at the end of a contract. Anyway there was a bill of €300 which coincided with us moving house temporarily and we never got the post on the topic until a year after.

The debt was presumably bundled up and sold off as when we got the correspondence there were demands from a firm called Cabot Financial and then a solicitor's letter threatening to:

To lodge the judgment with the Sheriff for execution against your goods and chattels.
To commence enforcement proceedings in the local District Court for an Instalment Order.
To register Judgment Mortgage against any property held in your name.
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Nothing ever came of the first two for sure.

But we jointly own the property which was a billing address. How do we check if a judgement mortgage was ever registered?


In case anyone is wondering I think that people should pay their debts but she was quite stubborn and insisted she was in the right on this and wouldn't engage with Tesco Mobile at the time. At this stage I am just trying to find out if any action was taken as we may move house and don't want anything impeding the sale.
 
First question is did Cabot actually get a judgement against your wife ? Without it they effectively can't do anything to pursue the debt.
 
NoRegretsCoyote said:
But we jointly own the property which was a billing address. How do we check if a judgement mortgage was ever registered?
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Check the property registration with the Property Registration Authority?
www.prai.ie

Home

Welcome to Tailte Éireann, the new state agency from the merger of the Property Registration Authority, the Valuation Office and Ordnance Survey Ireland.
www.prai.ie www.prai.ie
 
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Similar to what clubman said, you could go on to Landdirect.ie and buy your folio - this probably would have had to have been updated if there as a judgement mortgage against it - I think its about a fiver
 
demoivre said:
Check with the local district court first and foremost.
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Can I do this online? I am totally ignorant here.

demoivre said:
I would be astounded if they litigated for €300 !
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So would I, but I wanted to rule it out.

Rasputin said:
Landdirect.ie and buy your folio - this probably would have had to have been updated if there as a judgement mortgage against it - I think its about a fiver
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I can do this. Would the folio for sure show all mortgages registered against the title?
 
I wouldn't be able to say for sure what the process is, but I have definitely seen a couple of folios which have had judgement mortgages on them.
 
In the case of a judgement mortgage, secured on the property, surely it has to be registered against the property to be of any use to the creditor?

Enforcement of debt judgments

Find out about how a creditor (someone you owe money to) can enforce a court judgment if you do not repay a debt.
www.citizensinformation.ie www.citizensinformation.ie
 
As the letter makes clear they are threatening and clearly have just purchased this debt. Personally I'd not bother checking if there's a Judgement mortgage as if their was you'd have been notified in writing by Land registry. It's highly unlikely this unsecured debt is enforceable & the letter you've received is typical Language used by Cabot, in essence clutching at straws.

Do not respond or acknowledge this letter especially in writing or email. There's a proper way to deal with this , I'll explain if you PM me . But nothing to be concerned about in relation to your other plans

"I should state , I don't subscribe to avoidance of repaying Debts but have direct experience of Judgement Mortgages"

JD
 
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