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

[WoffleCopter]

I suspect most of us would just like this to go away, so...

I'm no expert, but would appreciate thoughts on the following straw-man.

Given that many of us operate our own ltd companies, what about those ltd cos approaching Felicitas [watertight and via a solicitor of course] and offering to buy the individual debt, for say a £1K administration fee or something considerably less that the 12% but enough to make it tempting for them.

We could then repay our own ltd-cos from personal finances and draw the money back properly as either salary or dividends. I guess this settlement in full, would also allow us to cancel HMRC action for those that haven't already settled or potentially a refund for those that have.

It would also be desirable to be legally removed from the trust if this is possible.

[Superfly]

I suspect most of us would just like this to go away, so...

I'm no expert, but would appreciate thoughts on the following straw-man.

Given that many of us operate our own ltd companies, what about those ltd cos approaching Felicitas [watertight and via a solicitor of course] and offering to buy the individual debt, for say a £1K administration fee or something considerably less that the 12% but enough to make it tempting for them.

We could then repay our own ltd-cos from personal finances and draw the money back properly as either salary or dividends. I guess this settlement in full, would also allow us to cancel HMRC action for those that haven't already settled or potentially a refund for those that have.

It would also be desirable to be legally removed from the trust if this is possible.

Sounds like a scheme to fix a scheme, never a good idea.

They wont be getting a penny out of me.

[Spider2000]

Longacre / winchester

Hi,

Are there any former clients of Longacre / Winchester Solutions 2012 - 2013 on here.
Do any of you have a copy of the loan agreement terms and conditions from their 'loans', downloaded from their website.

I have been in touch with someone who used to work for these people and he has revealed that the person behind Felicitas is this guy.

https://www.linkedin.com/in/adrian-sacco-5298788/

according to my contact he succeeded in a case against HMRC last year and now thinks he is invincible and can get away with anything.


In the first instance re LONG / WINCH he advised the following

1) Write to Baker Tilley Baker Tilly Isle of Man - Chartered Accountants and Business Consultants on the Isle of Man as the various trusts were administered by them or associated, and they are also regulated by the Isle of Man FSA.
Despite these assertions, in the letters I have seen, there is no supporting evidence that any assignment of the debt has taken place between the Trusts and Felicitas Solutions.

2) Share copies of the demand notice with the Isle of Man FSA and also disclose that you did not/have not received annual loan statements with interest amounts, loan due dates etc. as set out by lending regulation. Felicitas Solutions were registered on the 22nd November 2019 as a lender. Isle of Man Financial Services Authority | Lught-Reill Shirveishyn Argidoil Ellan Vannin

3) Do not pay any amount without obtaining advice and guidance.

He also believes trust law has been broken in that the trust should act in the interest of the beneficiaries ( which was us) .
And that they have not complied with Lending regulations regarding sending annual statements .


Any thoughts on this advice welcome.

I received a letter stating the transfer of debt from the Trustees to Felicitas and that they now own the debt and any recovery.

They have not, as yet, ask for any payment.

[WoffleCopter]

Sounds like a scheme to fix a scheme, never a good idea.

They wont be getting a penny out of me.

I appreciate that sentiment. My concern though is even if you beat this lot, there's nothing preventing them from just selling the debts on and the whole thing repeating again in a couple of years and Ad infinitum

That's why I was wondering if, although unpalatable, buying the "debt" might be a more permanent solution.

As I said, I'm no expert, so just thinking "out loud".

[Spider2000]

I have received a letter from Felicitas stating that my 'loans' from Sanzar have been transferred to their trust.

On investigation, I'm finding I have no loans, I never signed up to any loans or trust, I have no connection with this trust and the letter is basically a lie.

My request to everyone is that do not treat the trust transfer letters as gospel, they are far from it. Admit to nothing, question everything. Go to the source, find out about the trust and the trustees and carry out an audit trail of how your so-called trust liability ended up in that trust (I don't believe the chain should be very long), it would probably mean starting from the original Baker Tilly trust, may be different for other schemes.

The more my accountant and solicitor are looking into this, the more I'm led to believe that Felicitas are a bunch of amateur charlatans (probably operating from a house or flat), and it could only have been a crooked set-up like Gladstones that could have supported them in this racket. I don't think any reputable law firm would go anywhere near them.

This is the guy behind Felicitas

Adrian Sacco - https://www.linkedin.com/in/adrian-sacco-5298788/

[Superfly]

I appreciate that sentiment. My concern though is even if you beat this lot, there's nothing preventing them from just selling the debts on and the whole thing repeating again in a couple of years and Ad infinitum

That's why I was wondering if, although unpalatable, buying the "debt" might be a more permanent solution.

As I said, I'm no expert, so just thinking "out loud".

You need to spend time confirming whether you actually owe anything by going through the paperwork, find out if you signed anything. Have it checked out by a solicitor if required. Investigate the trusts to find out your involvement, if any in them.

This is what I have been having done, and I am completely assured that I have no liability.

In the future, they can set up as many new trusts and helpline companies as they want and send me these threatening letters, I am completely at ease that I do not owe anything.

You are looking to mitigate the financial impact of a liability, but you have not confirmed the veracity of the claim that you have a liability yet. Take a step back.

That is my advice based on experience. I am not an accountant or a solicitor, but someone that was caught up in all of this and that is my advice based on my experience.

[Spider2000]

Let's fight back.

How about we start playing some games back , and all submit a SAR requests to Felicitas / Baker Tilly / Gladstone , which requires them to supply all the information they have on you for free.

Template at the bottom of the email


How to make a subject access request
If you wish to make a subject access request, there is no particular format for doing so - you can simply write to or email the organisation and ask it to provide all of the information about you it is required to disclose under the Data Protection Act.

You can ask the organisation you think is holding, using or sharing your personal data to supply you with copies of your personal data.

If a company tries to charge you a fee, inform them that, as of 25 May 2018, subject access requests can be made for free when GDPR became law in the UK as the Data Protection Act 2018.

To make a subject access request (SAR), follow these steps:

Find out the right department and person to send the request to, if you can
Make sure you know all the information you need, so you can ask for this in the same request
Write to the organisation, including your full name, address and contact telephone number; any information used by the organisation to identify or distinguish you from others of the same name (account numbers, unique IDs, etc); and include details of the specific information you require and any relevant dates

Include a reference to the one month deadline that applies when dealing with requests to provide personal information
Reference that you have the right to make a subject access request for free under the Data Protection Act 2018.
You can use the free template letter available on the Information Commissioners Office (ICO) website to make a subject access request.


Page not found | ICO


Lets see how happy they are when they get hundreds or thousands of requests that they legally have to respond to within 30 days under GDPR regulations.

That should slow them down a bit.

[why]

You need to spend time confirming whether you actually owe anything by going through the paperwork, find out if you signed anything. Have it checked out by a solicitor if required. Investigate the trusts to find out your involvement, if any in them.

This is what I have been having done, and I am completely assured that I have no liability.

In the future, they can set up as many new trusts and helpline companies as they want and send me these threatening letters, I am completely at ease that I do not owe anything.

You are looking to mitigate the financial impact of a liability, but you have not confirmed the veracity of the claim that you have a liability yet. Take a step back.

That is my advice based on experience. I am not an accountant or a solicitor, but someone that was caught up in all of this and that is my advice based on my experience.

Hoew do you that if there is no formal signature for a loan or how do you investigate the trust, in my case Darwin? I hardly have any paperwork, just contract of employment and a P11D

[Superfly]

Hoew do you that if there is no formal signature for a loan or how do you investigate the trust, in my case Darwin? I hardly have any paperwork, just contract of employment and a P11D

If you have a contract of employment and a P11D, then it means your scheme was pre-April 2011.

Check on the P11D to see that the loans have been discharged. Also find the trust that was used by Darwen during that period and check that the discharge corroborates with the trust state prior to transfer, ie. you had no outstanding liabilities.

[LordF]

Loan Discharged?

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.