Originally posted by Old Kent Road
View Post
- Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
- Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!
IQ Consultants, Felicitas Solutions, ECS Trustees - loan repayment demands
Collapse
This topic is closed.
X
X
Collapse
Topic is closed
-
-
Is it only people who have submitted P11D forms who have received these letters?
I have a feeling that this is driven by HMRC to discredit the loans and the actual figures are set out as described on P11D's rather than loan agreements.
For instance, if it is a genuine loan you would be required to pay back to the lender. - No tax or loan charge.
If it is argued that you don't need to pay it back as it is part of a payment cycle then tax will be eligible.
Win, win for HMRC and a loss for the end user in both cases.
These scheme promoters have really stitched everyone up. They seem to be outside the law and HMRC, which leaves only one option for them........Comment
-
If it was me...
I wouldn't respond to the letter.
It's clear they are sending out hundreds of these, and it has all the classic hallmarks of a "shake the tree" operation.
If you believe there is no debt or, even if there were, it's statute barred, why waste your time engaging with them?
I certainly believe "no response" is better than an "ill-advised response".Scoots still says that Apr 2020 didn't mark the start of a new stock bull market.Comment
-
Originally posted by DealorNoDeal View PostI wouldn't respond to the letter.
It's clear they are sending out hundreds of these, and it has all the classic hallmarks of a "shake the tree" operation.
If you believe there is no debt or, even if there were, it's statute barred, why waste your time engaging with them?
I certainly believe "no response" is better than an "ill-advised response".
I am inclined to agree with you on this, as mine was only in the year 2012, so 8 years ago now.
However, i did mail felicitas and gladstones twice requesting proof/information etc, obviously not had a reply.Comment
-
Originally posted by PC1976 View PostHi. Same boat. However it’s worth understanding that you haven’t settled the loan with the HMRC you have settled the tax that they deemed to be owed as HMRC classes it as income.
The loan from trustees is a separate issue, one which they are trying to get you to pay back. Suggest you do what I have and join WTT and gain their support to tackle as a group.
It was my agency paying them my money!! I've not yet had a demand for payment.
So I'm going to wait to see if I get one then will take it from there.
Everyone has been really helpful. Thank you all for that.Comment
-
Originally posted by Hobo View PostThanks PC1976,
It was my agency paying them my money!! I've not yet had a demand for payment.
So I'm going to wait to see if I get one then will take it from there.
Everyone has been really helpful. Thank you all for that.
Although it's hard to believe when you are in a scheme the first thing you do on entering a scheme is sign away the fact the money you earn is yours.
Because of the agreement you made with the scheme, the agency pays the scheme (not you) the money for the work you did. Due to that agreement that money wasn't yours, it was theirs and some of it was then paid to you as salary, the rest was then put into a trust and from there passed to you...Last edited by eek; 14 February 2020, 09:49.merely at clientco for the entertainmentComment
-
Originally posted by Old Kent Road View PostI joined this forum shortly after Sanzar disappeared, and subsequently setup a private vetted forum for ex-Sanzar scheme users to explore whether the scheme was genuine or not, and to try to challenge HMRC if needed. The private forum reached about 200 folks in the end I think.
In that time I never came across a proper loan agreement signed by Sanzar and a scheme user I.e. something stating the loan amount, interest, and payment term etc. Neither I nor any of the private forum members had one, to my knowledge. From reading this thread it seems that later schemes run by the same crew e.g. IQ did use loan agreements, although who knows if they are valid and enforceable.
The "original trustee" stated on my felicitas letter does not match anything previously provided in Sanzar correspondence, which was always sketchy at best.
I've not had any chaser on repaying interest or loan since Sanzar disappeared nearly 10 years ago.
Possibly not coincidental that this arrives at a stressful time for contractors with IR35 changes, and the previous comms from the Trust Helpline dodgy folks was around the time of the Loan charge last year, or whenever it was.. More stressed means more likely to quickly pay up?
Would advise folks arriving to this thread to read it properly, rather than just posting afresh.
Felicitas letter arrived today, I think there is enough info in this thread for me to respond to Gladstone letter when that one arrives. But I can see some comfort and sense in joining webberg's group.
I can concur, I have not signed any loan agreement, in fact I can't recollect the word loan being used.
I had a busy day yesterday. I have been through my cache of emails from when I was with Sanzar and there is no mention of the word loan. I also have a correspondence of two emails on record from someone called Fatima Khiri from Sanzar, just prior to me joining Sanzar. When I pressed him on this matter, he clearly stated in the email that I would not be required to pay back to anyone either of the two payments that go through them (these are the PAYE element and the second payment).
I spoke to my accountant and also a solicitor friend who is aware of this, and they saw holes in the matter at so many levels. Their opinion was that legally they can not get anything, the only way is by intimidation, bullying and preying on peoples ignorance.
Their summary advice was:
1) If I pay, I will pay money that I do not have to pay (BTW I cannot pay)
2) I will not get that money back
3) Because I will be paying money that I do not have to pay, there is no reason why they would not come back in the future to ask for more.
They are on a very shaky nail with this and the good thing is that this could bring this nasty firm down if they pursue this. My brother has had a tussle with them in the past regarding a unfair parking ticket dispute and he came out winning that.
Having been through all this yesterday, I've been made to realise that this shambles doesn't even warrant me taking out half an hour of my time to concern myself with it. It is simply a scam letter, and what do you do with scams? You ignore them.Last edited by Superfly; 14 February 2020, 09:46.Comment
-
Morning all,
Just awaiting my first post here to be moderated.
I'm not intending to engage with these scumbags and I don't consider their demands legitimate
1: I don't have any formal documentation regarding loans, period of loan, interest or anything else that a proper legitimate legal loan would look like.
2: Since nobody has ever contacted me from these companies since 2011, then in the highly unlikely event there is an outstanding ghost loan, then its expired under statute of limitations. Surely that alone writes it off.
3: If they sent in the 'heavies', they have to do so legally and that would mean a court order,(or similar?) which IMHO would not happen
4: As far as I'm concerned my affairs have been settled with HMRC
Now, questions regarding the sumbags
1: How do we get this so called loan written off because I'll bet a pint if this company goes under another will be setup and they will pass on the so called (non-existent) debt.
2: Potentially, this could be hanging around for your lifetime unless the company is written off by authorities and all outstanding crap that came with it, erased.
4: GDPR, I have moved since 2011, where did they get my address from (HMRC?) or electoral role, if that is the case, I have not consented to this. If its from a third party supplier database then same applies. Possible question to be asked since many people have moved.
IMHO, I wouldn't stress too much and ignore for time being.
Those that are good with legal documentation it would be very helpful to post how your response including all facts\legal jargon was put together, in the case that we are required to respond later on.Comment
-
Digging into the letter supplied by Fecilitas I have noticed a few inaccuracies:
The companies house number given: 08737296 does not match the company listed in their letter.
According to the letter the loan has changed hands 3 times previous. As the borrower I was not notified that the loan was to be sold on by either company or notified by the new company that they had bought the loan....... all Trustees which I could trace are still live with one applying for liquidation, but having that application suspended.
In other words why was I not notified on previous occasions that the loan was to be sold? It all seems a little to convenient.Comment
-
Originally posted by NickLeeson2 View PostDigging into the letter supplied by Fecilitas I have noticed a few inaccuracies:
The companies house number given: 08737296 does not match the company listed in their letter.
According to the letter the loan has changed hands 3 times previous. As the borrower I was not notified that the loan was to be sold on by either company or notified by the new company that they had bought the loan....... all Trustees which I could trace are still live with one applying for liquidation, but having that application suspended.
In other words why was I not notified on previous occasions that the loan was to be sold? It all seems a little to convenient.Comment
Topic is closed
- Home
- News & Features
- First Timers
- IR35 / S660 / BN66
- Employee Benefit Trusts
- Agency Workers Regulations
- MSC Legislation
- Limited Companies
- Dividends
- Umbrella Company
- VAT / Flat Rate VAT
- Job News & Guides
- Money News & Guides
- Guide to Contracts
- Successful Contracting
- Contracting Overseas
- Contractor Calculators
- MVL
- Contractor Expenses
Advertisers
Contractor Services
CUK News
- Streamline Your Retirement with iSIPP: A Solution for Contractor Pensions Sep 1 09:13
- Making the most of pension lump sums: overview for contractors Sep 1 08:36
- Umbrella company tribunal cases are opening up; are your wages subject to unlawful deductions, too? Aug 31 08:38
- Contractors, relabelling 'labour' as 'services' to appear 'fully contracted out' won't dupe IR35 inspectors Aug 31 08:30
- How often does HMRC check tax returns? Aug 30 08:27
- Work-life balance as an IT contractor: 5 top tips from a tech recruiter Aug 30 08:20
- Autumn Statement 2023 tipped to prioritise mental health, in a boost for UK workplaces Aug 29 08:33
- Final reminder for contractors to respond to the umbrella consultation (closing today) Aug 29 08:09
- Top 5 most in demand cyber security contract roles Aug 25 08:38
- Changes to the right to request flexible working are incoming, but how will contractors be affected? Aug 24 08:25
Comment