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

[Ryan William]

Dispute letter.

I received a demand letter from Felicitas today, I’m going to email them back a dispute letter. Does anyone one on here have a well worded letter prepared or any advice on what to write?
I was thinking about sending this -
“I have received a letter from yourselves regarding a alleged loan from eximius,
I dispute that I was part of the said loan scheme, if I was, as you allege, I request that you send me a loan contract/agreement signed by myself. I have signed no such documentation.
I also believe that you may be a fraudulent company.
I will now be consulting my solicitor as best to deal with this accusation.
I request a response from you to confirm you have received this email.”

Any help or advice much appreciated.

[Superfly]

Hi guys - just been looking through my old P11D's from "The Darwinpay Partnership" for 2011-12

On page 2 of this P11D , under section H (Interest-free and low interest loans), it says:

Amount Outstanding at 5/4/10 .... £14,651.70
Amount Outstanding at 5/4/11 .... £70,460,47
Maximum amount outstanding .... £70,460,47
Total amount of interest paid ..... £00.00
Date Loan was discharged in 2010-11 .... 04/04/2011
Cash equivalent of loans ..... £1,560.00

Then in the FAQ sheets that accompany the P11D it says: This shows the date your loans were REPAID. Repayment before the end of the tax year was essential in order to avoid being caught out by the new Disguised Remuneration legislation, which is key to avoiding the PAYE and NI Charge.

So if the loan is discharged ... does that not mean that an outstanding debt has been forgiven / written off at the end of that tax year? Are we being chased for nothing? And then the cash equivalent of loans, how is that calculated? More and more I look into this, it smells like a scam by Felicitas et al.

This is why when people requested information and documents, they wouldn't provide the P11Ds. Otherwise, when you showed it to your accountant, their scam would have been obvious.

Note. The P11Ds are of no use to HMRC if you had a disguised remuneration enquiry and you were trying to show the discharge as somehow validating the fact that these were real loans, they would need to see actual money movement, that is tax law. But for commercial law, you could demonstrate that the loans were discharged using these documents provided to you by the actual scheme providers themselves, coupled with the trust statements for added support.

[Scrogbank]

I received a demand letter from Felicitas today, I’m going to email them back a dispute letter. Does anyone one on here have a well worded letter prepared or any advice on what to write?
I was thinking about sending this -
“I have received a letter from yourselves regarding a alleged loan from eximius,
I dispute that I was part of the said loan scheme, if I was, as you allege, I request that you send me a loan contract/agreement signed by myself. I have signed no such documentation.
I also believe that you may be a fraudulent company.
I will now be consulting my solicitor as best to deal with this accusation.
I request a response from you to confirm you have received this email.”

Any help or advice much appreciated.

Speak to WTT

[pnr8uk]

I received a demand letter from Felicitas today, I’m going to email them back a dispute letter. Does anyone one on here have a well worded letter prepared or any advice on what to write?
I was thinking about sending this -
“I have received a letter from yourselves regarding a alleged loan from eximius,
I dispute that I was part of the said loan scheme, if I was, as you allege, I request that you send me a loan contract/agreement signed by myself. I have signed no such documentation.
I also believe that you may be a fraudulent company.
I will now be consulting my solicitor as best to deal with this accusation.
I request a response from you to confirm you have received this email.”

Any help or advice much appreciated.

I posted one on about the third page of this. FCA guideline debt dispute letter.

[Spider2000]

Trust Help Line

Hi, I am new to this forum.

I too have received this letter yesterday asking for a amount of interest by 12th Feb.

Has anyone received correspondence/email from THL ( Trust Help Line) to provide help in releasing deed. Has anyone actually received Loan Release Deed and if anyone received,
Have they again contacted for payment of interest?

As far as i can determine , The Trust Help Line (aka DOR Resolutions) was set up by Andrew Tompson an ex-(or maybe still current)employee of Baker Tilly, ( i was told this in a rather bizarre phone call i had with Baker Tilly when i tried to contact them since i understood they were the administrators for the Longacre / Wincheter Trusts)

This guy seemed to have got hold of the databases of names / adresses and loan details ( if he no longer works for Baker Tilly this is probably in breach of data protection / data theft) and crudely attempted to send emails and text messages offering to cancel the loans for about £1k just prior to the Loan Charge legislation deadline.

[Spider2000]

I wonder how persistent they will be if you simply ignore the letter.

If this is a "shaking the tree" exercise, they may give up if they can't elicit any response after a letter or two.

Out of curiosity, was the letter sent 1st or 2nd class; signed for?

It tells you quite a lot if they're not prepared to expend much money/effort/time chasing the "debt".

I think everyone affected should immediately just send them a SAR request under the freedom of information act , if this is just a few people on their end , lets see their appetite for responding to a few thousand freedom of information requests which they are legally required to respond to within 20 ish days. i suggest a request to all orgs involved , Gladstones / Felicitas and any other companies owned by Maurice Hazel and Adrian Sacco.

[Spider2000]

My letter was sent first class, although its dated 30th Jan, post mark is 4th Feb, so not posted in any hurry! It was not signed for. It also makes you wonder why they are prepared to accept a smaller fee of "interest" instead of demanding the full "loan" back?

Yes my thoughts entirely , if they are so sure it is a bona fide loan and of their legal position , why accept only 12% , i believe they are working on the salemans 1% principle , contact 100 people and 1 will buy. According to rumours the books of loans they supposedly purchased ( no proof this has actually happened) is worth £900M so if the only realise 1% , that is still a very profitable exercise.

[Spider2000]

Hi all,

I have literally just joined but have been reading these posts since yesterday when I received my letter.. Also dated 30th Jan, and wanting payment to be made by the 12th Feb!! Its Sick!!
But also strange how its all come about on the same week and so close to the HMRC deadline for IR35, I wonder if they were being pursued from HMRC and tried to offset the debt back onto us..

Considering that the money comes from us in the first place, paid to those so called Umbrella Companies with a 15% cut for them providing a services which we are getting hit on by HMRC anyway.. And now they have the nerve to try and demand interest on a loan that, was our money in the first place and HMRC consider it as taxable income.!!!

Not only have we got the worry about future contract work and IR35, and the prospect of leaving our Ltd companies to go back to 'Umbrella', we have this!

I am liking what you are all discussing and from where I was wondering last night what is the point of all this when we are all trying to have lives and move on, there might be some hope..

I called my accountant and sent them my letter, they have a number of contractors on their books and are investigating this..

MattWills78 - I'm near London so I will also think about contacting Freeths.

I'm curious what John Davies is the director for Gladstones had to say...
Has anyone contacted Felicitas Solutions Shareholders Maurice Hazell & Adrian Sacco?

I'm definitely up for joining forces and getting one firm to dispute this..
Prob not wise to ignore the letters.

thanks

[Spider2000]

I've now found the loan agreement and it is not great...

"*3. Repayment*
3.1. The loan shall become due and payable one month after the service
of a written demand by the Lender on the Borrower, on the borrower
reaching his 70th birthday, or on the death of the borrower, whichever
is sooner.
3.2. The loan must be repaid in Sterling; repayment in any other
currency will not be accepted.

*6. Assignments*
6.1. The Borrower may not assign any of his rights under this Agreement
without the consent of the Lender.
6.2. The Lender may assign all or any part of its rights or benefit
under this Agreement without the consent of the Borrower."

Clearly there's more to it but I tend to agree with others that just because HMRC classed this as income and not a loan that does not affect the legal position of the loan itself. Sadly, like many of you, I have had to come to terms with paying a massive bill to HMRC and ending a horrendously stressful period of my life. For it to restart like this is horrific and I agree that we need to consider options and act as a whole here.

Which company is this from ?

[Spider2000]

Doesn’t make sense though. What did we work our contracts for? They took their 15% and paid us our wage “as a loan”. So what, we did all that work for nothing?

The whole point and what everyone signed up to, and which was aways carefully explained over the phone but could not be written down anywhere for obvious reasons, was that the Trustee would never execute these actions , but some shister in the guise of Felicitas has now allegedly puchased these 'so called loans' and potentially could execute them to the letter of the agreement, or maybe this was the plan all along !!!