IQ Consultants, Felicitas Solutions, ECS Trustees - loan repayment demands

[smehay]

Challenging the Repayment

I have also recieved the letter and have responded to them with a challenge asking for

1) Signed evidence that the loans were made between the 2 listed parties along with all terms and conditions
2) Evidence of all correspondence between the parties listed in the letter
3) Proof that funds were transferred i.e. source and target bank account numbers, dates etc

[MrBreaker]

Very scared and upset

I too have received a letter yesterday with the same demands and deadlines as everyone else.
I really want to dispute the amount but I am unsure what to write - if anyone has written to them please could you let me know what you emailed to them and what response you received.
I'm more than happy to get involved with a solicitor who is a specialist in this matter so please let me know how you get on.
I'm going to be making calls myself and will update anything i find out here

Thanks.

[MattWills78]

Matt, I am having trouble finding a solicitor who is clued up on this area if after speaking to Freeths you feel they are knowledgeable and can help in this area then please let us know as I too will then instruct them to reply.

thanks
TP

Hi TP.

I spoke to Michal Perry (a really helpful accountant with significant experience in these matters) this morning, in his view:

- dispute or ignore it
- Felicitas have bought bad debt and are now employing Gladstones (Ambulance Chasers) to scare people into paying
- unlikely to go to court and, if it did, they are highly unlikely to be successful as they would have to prove it was a loan
- HMRC have already proven it’s income (disguised remuneration, not a loan) according to UK Law so have taken payment for the owed tax value as income tax
- may still potentially be a future issue with HMRC for inheritance tax (if you were in an EBT scheme) but no action required on that unless HMRC contact you about it - in which case he is arranging a group response so cost to contest would be minimal.

I also just spoke to Freeths who are fantastic. They echoed the points above and suggested I just dispute it. They do not believe they have a legal basis on which to claim payment of interest or capital given I can evidence the company that paid me the income (IQ Contracts LTD / disguised remuneration) have in fact already received the funds from the company I contracted for in return for the work I delivered - so they are not out of pocket and have done nothing that would suggest I have a debt to them.

They advised just to respond disputing it and stating why you believe no debt is owed.

Additionally even if it were a legitimate debt, by law Gladstone’s should be giving individuals more than 7 days to make the payment - on that basis (and for how they are acting / operating in general) I am reporting them to the Solicitors Regulatory Authority.

I am also reporting Gladstone’s & Felicitas to the Financial Conduct Authority and to the Serious Fraud Office - suggest your guys do the same.

Anyone else had legal advise on the situation yet?

Best,

Matt

[zimcruza]

Newbie here - also just received a Gladstones letter in respect of Garroway ... and happy to read the responses. I've passed this on to my tax advisers and await their response, but will also be disputing it, as per the notes from Matt - thanks, Matt, for doing the leg-work!

[pnr8uk]

Could you advise what FCA guidelines you quoted?

This is the standard FCA debt dispute reply I have used this several times in the past and it will buy you some time while we try to find out how this is all going to work out. I too have sought legal advice and the general feeling at the moment is dispute for sure now as you have a genuine dispute, we are not trying to get out of anything just generally disputing.

================================================== ===

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that I have no knowledge of any such debt being owed to THE CREDITOR

I am familiar with the Consumer Credit sourcebook of the Financial Conduct Authority (FCA) which states the following rules.

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3

"Where there is a dispute as to the identity of the borrower or hirer or as to the amount of the debt, it is for the firm (and not the customer) to establish, as the case may be, that the customer is the correct person in relation to the debt or that the amount is the correct amount owed under the agreement." 7.14.4

"A firm must provide a customer with information on the outcome of its investigations into a debt which the customer disputed on valid grounds." 7.14.5

"Where a customer disputes a debt and the firm seeking to recover the debt is not the lender or the owner, the firm must:
• (1) pass the information provided by the customer to the lender or the owner; or
• (2) if the firm has authority from the lender or owner to investigate a dispute, it must notify the lender or owner of the outcome of the investigation." 7.14.6

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.
Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the FCA of your actions.

If appropriate I will also take this matter forward as a complaint to the Financial Ombudsman Service and Information Commissioner's Office.
I look forward to hearing from you.

Yours faithfully

[Scrogbank]

Hi TP.

I spoke to Michal Perry (a really helpful accountant with significant experience in these matters) this morning, in his view:

- dispute or ignore it
- Felicitas have bought bad debt and are now employing Gladstones (Ambulance Chasers) to scare people into paying
- unlikely to go to court and, if it did, they are highly unlikely to be successful as they would have to prove it was a loan
- HMRC have already proven it’s income (disguised remuneration, not a loan) according to UK Law so have taken payment for the owed tax value as income tax
- may still potentially be a future issue with HMRC for inheritance tax (if you were in an EBT scheme) but no action required on that unless HMRC contact you about it - in which case he is arranging a group response so cost to contest would be minimal.

I also just spoke to Freeths who are fantastic. They echoed the points above and suggested I just dispute it. They do not believe they have a legal basis on which to claim payment of interest or capital given I can evidence the company that paid me the income (IQ Contracts LTD / disguised remuneration) have in fact already received the funds from the company I contracted for in return for the work I delivered - so they are not out of pocket and have done nothing that would suggest I have a debt to them.

They advised just to respond disputing it and stating why you believe no debt is owed.

Additionally even if it were a legitimate debt, by law Gladstone’s should be giving individuals more than 7 days to make the payment - on that basis (and for how they are acting / operating in general) I am reporting them to the Solicitors Regulatory Authority.

I am also reporting Gladstone’s & Felicitas to the Financial Conduct Authority and to the Serious Fraud Office - suggest your guys do the same.

Anyone else had legal advise on the situation yet?

Best,

Matt

Perhaps also report them to IOMfsa

[piebaps]

Felicitas Solutions is an Isle of Man company number 131081C

Shareholders are Maurice Hazell & Adrian Sacco and a google search will tell you more about them.

Also a thread here https://www.contractoruk.com/forums/...rust-shop.html

[MattWills78]

Perhaps also report them to IOMfsa

Yes, very good call - will do.

Best,

Matt

[hcr3001]

Hi TP.

I spoke to Michal Perry (a really helpful accountant with significant experience in these matters) this morning, in his view:

- dispute or ignore it
- Felicitas have bought bad debt and are now employing Gladstones (Ambulance Chasers) to scare people into paying
- unlikely to go to court and, if it did, they are highly unlikely to be successful as they would have to prove it was a loan
- HMRC have already proven it’s income (disguised remuneration, not a loan) according to UK Law so have taken payment for the owed tax value as income tax
- may still potentially be a future issue with HMRC for inheritance tax (if you were in an EBT scheme) but no action required on that unless HMRC contact you about it - in which case he is arranging a group response so cost to contest would be minimal.

I also just spoke to Freeths who are fantastic. They echoed the points above and suggested I just dispute it. They do not believe they have a legal basis on which to claim payment of interest or capital given I can evidence the company that paid me the income (IQ Contracts LTD / disguised remuneration) have in fact already received the funds from the company I contracted for in return for the work I delivered - so they are not out of pocket and have done nothing that would suggest I have a debt to them.

They advised just to respond disputing it and stating why you believe no debt is owed.

Additionally even if it were a legitimate debt, by law Gladstone’s should be giving individuals more than 7 days to make the payment - on that basis (and for how they are acting / operating in general) I am reporting them to the Solicitors Regulatory Authority.

I am also reporting Gladstone’s & Felicitas to the Financial Conduct Authority and to the Serious Fraud Office - suggest your guys do the same.

Anyone else had legal advise on the situation yet?

Best,

Matt

I have a local office of Freeths in my home city, do you mind me asking which office you spoke to? Also are you getting Freeths to draught a letter on your behalf?

[MattWills78]

Gladstones Director

Oh, and by the way, John Davies is the director for Gladstones - he can be reached on <mod snip> (publicly available number) if you guys want to reach out to let him know what you think of his company and their operating practices. I have!