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

[why]

Hello all - I also received a 5th Feb dated notice for a Darwin Pay scheme I entered into in 2009 - 2011.

I note that some have relieved notices of assignments and demand for payment, while others have only received the notice of assignment (ie no payment demand). Is there any thought on why they would adopted this two different routes for some scheme/contractors and not for others?

Also, should I join WTT Big Group, if at this stage, they have not demanded payment (yet).

Thoughts would be appreciated.

I was on a Darwin scheme (2 months\2011) and cant recall any signing of a loan, can you? Or failing that, that if loans were repaid off each year (as per Sanzar). The olny thing I can find is a contract of employment which states (in it)

Remuneration

Payment advanced from the trust:
Those employees that are engaged on billable work may be eligible to receive payments advanced from the trust. Payments advanced from the trust are calculated after the following have been deducted

• Salary payments
  NI and Income Tax
  Pension contribution where appropriate
  Items agreed
  Items required required by or under any statute (including under attachment of earnings orders)

[uplock]

I was on a Darwin scheme (2 months\2011) and cant recall any signing of a loan, can you? Or failing that, that if loans were repaid off each year (as per Sanzar). The olny thing I can find is a contract of employment which states (in it)

Remuneration

Payment advanced from the trust:
Those employees that are engaged on billable work may be eligible to receive payments advanced from the trust. Payments advanced from the trust are calculated after the following have been deducted

• Salary payments
  NI and Income Tax
  Pension contribution where appropriate
  Items agreed
  Items required required by or under any statute (including under attachment of earnings orders)

I was in 2 distinct Darwin scheme's.

The 1st "DarwinPay Trust"- I was in for 20 months - I think was like Sanzar, and the debt was settled at the end of each tax year. My P11D shows it being discharged (Per Darwin's notes "repaid") before the end of the 2010/11 tax year.

The 2nd "Darwin Trust" - I was only in for 2 months - and this was I think a loan type arrangement as they stopped the above scheme in light of new HMRC legislation to stop such schemes.

If you where in the Darwin scheme for 2010/11 tax year, it is likely to be the first type and loan balances are cleared. But I would check your P11D's for that tax year to be sure.

I hope this helps you.

[Zed]

Gladstone / Felictas Solutions

I received a rather unpleasant letter today (5 Feb 2020) from a solicitor requesting that I pay back the full loan amount (£100k+) within 14 days.

It mentions that it has acquired my loan from a third party. The period I was with the umbrella company that used this scheme was 2013 - 2014

In 2018/2019 I have received several messages suggesting to pay part of the loan, in exchange for waiving the full amount. Several people, including my accountant advised that this was very likely either a scam or a message with no legal teeth.

As this comes suspiciously quickly after the HMRC letter, last week, I was wondering if any of you have received similar letters.

What would you advise as a response to this?

Is the best way forward to hire a solicitor?

Any advice or thoughts are very much appreciated!

Hi can you post send your email address. I want to help.

[why]

I was in 2 distinct Darwin scheme's.

The 1st "DarwinPay Trust"- I was in for 20 months - I think was like Sanzar, and the debt was settled at the end of each tax year. My P11D shows it being discharged (Per Darwin's notes "repaid") before the end of the 2010/11 tax year.

The 2nd "Darwin Trust" - I was only in for 2 months - and this was I think a loan type arrangement as they stopped the above scheme in light of new HMRC legislation to stop such schemes.

If you where in the Darwin scheme for 2010/11 tax year, it is likely to be the first type and loan balances are cleared. But I would check your P11D's for that tax year to be sure.

I hope this helps you.

Thanks for this. I did get a P11D and it shows on Page 2, Item'H':

'Date loan was made in 2010-11' = 28/01/2011
and
'Date loan was discharged in 2010-11' = 04/04/2011

Lastly, cash equivalent of loan after deducting any interest paid by borrower = £12

[DealorNoDeal]

Be careful who you reveal your identity to

Hi can you post send your email address. I want to help.

I suspect there may be the odd imposter here.

[Zander]

Letter

Paul, Felicitas doesn't operate from 2A Lord Street. A quick google search will tell you that. /opencorporatesdotcom/companies/im/131081C

At some stage in your past, you and everyone else, will have signed a loan agreement. You'll need to get your copy out and check its terms etc to properly form an opinion.

Then you'll need to check and see the underlying legal arrangements by which your loan was transferred from the original "lender" to the people now claiming repayment. If this all checks out, then you're not dealing with scammers (at least in the usual sense). Just because HMRC are treating the payments as income, doesn't automatically mean that the loan agreement is invalid. There's loads of threads on this in this part of the forum and what your experiencing isn't new. Pull up a chair and use the forum search facility to read about the others.

I got a letter yesterday demanding repayment and have requested a copy of the loan agreement as was 2010 and cannot find the original
I will then contact a solicitor to see how to proceed

[eek]

Hi can you post send your email address. I want to help.

So what expertise do you offer that the two lots of professionals who have posted here cannot?

You really need to post your history to show how you can help rather than just posting a worthless request for people to send their email address...

[Kingsshilling]

So what expertise do you offer that the two lots of professionals who have posted here cannot?

You really need to post your history to show how you can help rather than just posting a worthless request for people to send their email address...

If the trustees had done the decent thing and simply asked for let’s say £30 to cover admin costs to send out a statement that your scheme/loan or whatever has been cancelled, I am sure most if not all folks would have been happy to pay to draw a line under this. A good pay day for the trustees and closure for the troops.

[JOSHR]

I too have a Loan Payment demand from Felicitas..

I got a letter yesterday demanding repayment and have requested a copy of the loan agreement as was 2010 and cannot find the original
I will then contact a solicitor to see how to proceed

How do you know that they may send you a'newly doctored' loan agreement - since you are admitting you dont have a copy?

[cojak]

Hi can you post send your email address. I want to help.

Be aware of anonymous posters wanting to help ladies and gentlemen, remember my earlier post...

A word of warning Ladies and Gentlemen.

In the past we have had scheme advisors pretending to be punters caught up in this kind of mess.

Their modis operandi is to ask you to contact them using email away from the forum (either publicly or via PMs), and then try to persuade you to to drop proceedings/provide you with false information and certainly to stop posting negative things about the original scheme or the debt collectors (presumably to try and keep the brand ‘clean’).

Be aware of those who try this, test the waters of any WhatsApp group for this kind of thing happening.

And let the Mods know what is happening, we will deal with the forums our end without letting on who informed us.