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

[MrO666]

Been looking into the Statute of Limitations act, and as far as I can tell this seems like a fairly robust argument, assuming of course an individuals case meets the criteria.

The three criteria which MUST be met for someone to claim that an alleged debt is statute barred is:

1) There must have been no written communication from the borrower to the lender that in any way acknowledges that a debt exists in the past 6 years.

2) No payment towards the alleged debt has been made in the past 6 years.

3) The creditor has not commenced court proceedings against you in relation to this debt within the past 6 years.

Providing that all three of those conditions can be met, then from what I can tell, a debt is statute barred, plain and simple.

For a lender to dispute this, the requirement is for the lender to prove that those three conditions have not been met, and to provide evidence to substantiate that claim.

I used Sanzar back in the day, and I am 100% certain that I have not had any form of contact with anyone in relation to the Sanzar schemes since probably 2012. I ignored all of the communications relating to offering to wipe the debt for a fee etc, and have not had any other communications in relation to Sanzar. I am not in receipt of any letter, however if I do get one, then this will be my immediate response, although I'll be getting a solicitor to send it so that GS don't think I'm chancing it.

[tax is taxing]

Been looking into the Statute of Limitations act, and as far as I can tell this seems like a fairly robust argument, assuming of course an individuals case meets the criteria.

The three criteria which MUST be met for someone to claim that an alleged debt is statute barred is:

1) There must have been no written communication from the borrower to the lender that in any way acknowledges that a debt exists in the past 6 years.

2) No payment towards the alleged debt has been made in the past 6 years.

3) The creditor has not commenced court proceedings against you in relation to this debt within the past 6 years.

Providing that all three of those conditions can be met, then from what I can tell, a debt is statute barred, plain and simple.

For a lender to dispute this, the requirement is for the lender to prove that those three conditions have not been met, and to provide evidence to substantiate that claim.

I used Sanzar back in the day, and I am 100% certain that I have not had any form of contact with anyone in relation to the Sanzar schemes since probably 2012. I ignored all of the communications relating to offering to wipe the debt for a fee etc, and have not had any other communications in relation to Sanzar. I am not in receipt of any letter, however if I do get one, then this will be my immediate response, although I'll be getting a solicitor to send it so that GS don't think I'm chancing it.

Mr0666 hi,

The advice I've received from a decent debt / debenture legal firm is similar to your research. Their view is that "the demand is not worth the paper on what it's written on" if there is no signed loan agreement and that there has NOT been a mutually agreed extension.

There comes the problem. Was there a loan agreement? I was with Sanzar between 2009 - 2010. I honestly can not remember whether I signed one or not. Was there any clause relating to this?

Do any others still have their original documents? If yes, please pp me. Will be good to speak to you.

[Smudge67er]

Mr0666 hi,

Do any others still have their original documents? If yes, please pp me. Will be good to speak to you.

I have my original docs from Sanzar. Their welcome pack contained:

a contract of employment (no mention of loans)
a 'more about us' doc (no mention of loans)
an 'intro to Umbrella Staff'
another doc about Sanzar which says

"SANZAR TAX EFFICIENT PAYMENTS

In the mean time, here is some general information about how Sanzar Solutions is able to provide you with 85% of the value of your contract after tax and national insurance with no additional fees or costs.

We at Sanzar can take you on as an employee and your agency or client is invoiced as your timesheets are submitted. Once your agency has paid for your services, Sanzar immediately pay you your 85% having deducted all tax and National Insurance.

The 85% that you receive consists of two payments. Both of these payments are received in conjunction with each other. One of these payments is your PAYE wage. This is based upon the UK national minimum wage of £5.76 per hour and you pay full Tax and NI on this wage, thereby fulfilling your legal obligations upon this wage.

The Second portion of your 85% is received by yourself via an off shore trust in the form of a payment on account. These payments on account are resolved at the end of the tax year through execution of documentation that ensures they are non taxable.

The service we offer therefore allows you to earn significantly more than you would through a conventional Umbrella company as is illustrated through our online calculator. We are also taking away the administration and IR35 burden of running a Ltd company. Both of these huge benefits are being achieved through methods that are fully compliant with all UK tax legislation. "

I have nothing about a loan agreement, nothing that I've ever signed about a loan agreement.

[eek]

I have my original docs from Sanzar. Their welcome pack contained:

a contract of employment (no mention of loans)
a 'more about us' doc (no mention of loans)
an 'intro to Umbrella Staff'
another doc about Sanzar which says

"SANZAR TAX EFFICIENT PAYMENTS

In the mean time, here is some general information about how Sanzar Solutions is able to provide you with 85% of the value of your contract after tax and national insurance with no additional fees or costs.

We at Sanzar can take you on as an employee and your agency or client is invoiced as your timesheets are submitted. Once your agency has paid for your services, Sanzar immediately pay you your 85% having deducted all tax and National Insurance.

The 85% that you receive consists of two payments. Both of these payments are received in conjunction with each other. One of these payments is your PAYE wage. This is based upon the UK national minimum wage of £5.76 per hour and you pay full Tax and NI on this wage, thereby fulfilling your legal obligations upon this wage.

The Second portion of your 85% is received by yourself via an off shore trust in the form of a payment on account. These payments on account are resolved at the end of the tax year through execution of documentation that ensures they are non taxable.

The service we offer therefore allows you to earn significantly more than you would through a conventional Umbrella company as is illustrated through our online calculator. We are also taking away the administration and IR35 burden of running a Ltd company. Both of these huge benefits are being achieved through methods that are fully compliant with all UK tax legislation. "

I have nothing about a loan agreement, nothing that I've ever signed about a loan agreement.

"Payment on account" is a lovely phrase for loan but it does mean they are lending money to you in advance of things being sorted out.

[Smudge67er]

"Payment on account" is a lovely phrase for loan but it does mean they are lending money to you in advance of things being sorted out.

I get that. But I didn't sign anything agreeing to that effect. I signed one document. The Contract. Which was pretty standard.

[justice seeker]

Felicitas Letter Recieved

How thoughtful of them.

I hope there is a special place in hell for these parasites.

Dear All

I am new to this forum. I have received a letter from felicitas as well, and I also agree with the comment above. but before God subjects them to hell what would be the best way to deal with this situation.

I got involved with Sanzar Solution back in 2010 as I was new to contracting and did not have much experience, they did a great job of convincing me that its all legal, thank God I kept those emails which I have recently handed over to hmrc as well. subsequently they sold me to Garraway (no name/no face/ no address) I did speak to nick baker at sanzar about this and he assured me once again about this all being legal (nativity killed the cat) then the Garraway chapter lasted 2 years where I was told by another guy that this is wrong and move over to company which I did.

I have had hmrc breaking my doors down with several hundred brown envelop letters of doom since 2015 total mafia style with po box returns and not willing to speak to me asking me for ridicules sums pretty much more than my earning. I finally managed to get a meeting with them recently and am working on settlement on the bases of my actual bank statements and am very happy to do so as I never intended to do anything wrong in the first place.

back last year and 2018 some of us started receiving letters from THL where the company owner was an 18 year old young lady doing a levels so you wondered who was pulling the strings. and now this Felicitas once again no name no face one sided mafia style activity.

not everyone who fell in this trap had criminal intensions

it feels like we were scammed by this lot in the first place

then we were brutalised by the HMRC

and now we are being bullied/harassed and messed up by these guys again, and by the looks of it we have no recourse.

by the way I have track on AW Thompson the owner of Garraway in Liverpool

and Felicitas are based out of Malta by the looks of things.

would appreciate thought of the group on this matter as I am hoping to speak to a lawyer as well. this has gone too far.

[stevematch]

Free Advice

Like many other ex Sanzar scheme members, I have just received a letter, giving Notice of Acquisition of Lenders Rights suggesting that they are the lender in relation of my Sanzar loan claiming that I am now responsible for repaying the loan and that any sums due can be initiated only by them, and they may engage solicitors, debt collection agents / bailiffs and/ or other agents to act on their behalf.
Money was paid in by my employer received by Sanzar and paid into my account, there being no outstanding debt to pay as I paid my HMRC backdated tax for the time that I was with Sanzar.
It was stated at the time that the loan would never have to be repaid. I was foolish to have joined this scheme in the first place but I have paid my dues to HMRC so I thought that would be the end of the matter -now this.
My concern is that some court in the Isle of Man will authorise this claim against me without giving me the chance to put my case.
There must be many others in this same position. It would be advantageous to fight this spurious claim as a group and share the cost of employing a professional.
I feel very isolated and vulnerable at the moment.

---------------------------

Don't give up mate, plenty of good info on this forum.

A response I got today from RCJ Advice, this coming from an initial enquiry with the Citizens Advice Bureau. I will attend next week and feedback.

Thank you for contacting the RCJ Advice and completing the triage form.

Our solicitor has checked your form and believes you will be best advised by our colleagues from the Debt & Bankruptcy team. Their office is located in the Thomas More Building (in the Royal Courts of Justice) and they operate a drop-in service from 10am – 1pm, Monday to Friday.

Kind regards,

Civil Team

RCJ Advice, Royal Courts of Justice, Strand, London, WC2A 2LL
Homepage | RCJ advice

[stevematch]

Isle of Man Office of Fair Trading - Response so far

I lodged a contact us today to the IOM Fair Trading Office - response was instant. Hope this helps, hopefully I don't get shot down by the experts on here .


Thank you for your email below.

The Financial Services Ombudsman Scheme (the Scheme) has been established under Schedule 4 of the Financial Services Act 2008 to consider complaints from individuals against financial service providers operating in or from the Isle of Man where an actual financial loss has been suffered directly due to the negligence or maladministration of the financial provider although it is the responsibility of the clients to mitigate their losses at all times.

Please review our explanatory guide for the Scheme and frequently asked questions sheet which we would ask you to read to ensure you understand the remit and operation of the Scheme.

Felicitas Solutions Limited (‘Felicitas’) is a company registered with this office as a moneylender under the Moneylenders Act 1991. If you have a complaint you must first give Felicitas a chance to resolve it. Give them full details of your complaint and what you want them to do to put the matter right. We would expect them to give you a final response to your complaint within eight weeks and if you are still not satisfied when you have received that response, you may refer the complaint to us. I understand that contact details for Felicitas are included in the correspondence you have received.

If you wish to submit a complaint to the Scheme, a complaint form must be fully completed, signed and returned to this Office by post for further consideration.

Please note that neither the Office of Fair Trading nor the Financial Services Ombudsman Scheme can offer financial advice and that it remains at all times your responsibility to keep any losses to a minimum whilst a complaint is being considered.

I hope the above assists you in going forward but if you have any questions on the operation of the Scheme or on your specific complaint please do contact us.

Yours sincerely


Removed the persons name but can provide okay DM me.
Ombudsman Services Manager
Isle of Man Office of Fair Trading

Thie Slieau Whallian, Foxdale Road, St John’s, Isle of Man IM4 3AS
Tel: 01624 686500
Email: [email protected]

[Wtaf]

I received the same letter

Same letter as most about the acquisition. So I called the FCA and Felicitas isn’t registered with them. I know the absurd amount quoted on the letter isn’t anywhere near that I could possibly owe (if I owed anything). I contacted HMRC to see if I owe them anything and they said no. I’m treating it as spam.

[stevematch]

Awesome link

This from etctax may help you.

https://twitter.com/ETCTax/status/1227725082296012801

------------ Tap these guys up for some information, I did via twitter and impressed , getting a copy of their view of the so called debt, they even have a draft response which they send pro bono, shame I sent my dispute of the debt already ffs.