Things about to get very serious and much more real? / Felicitas Letters

[looperevil]

I was pretty worried for the last few years as I didn't read into this much. My only source of info was lurking on here. But as I look more and more into the legislation set out and things like constute barred etc the more confidence I have. Even simple things like on the financial ombudsman site it says agreements need to be signed etc for things to be enforceable, further reinforce my confidence despite people saying "If you have recieved money it counts as an agreement" - not sure that will stand up in court. These clowns know the chasing will fail if it goes to court. In my case they have no agreements signed and nor have I interacted or paid anything to them. I have potentially multiple avenues to go down to get them off my back BUT I will be contacting the groups first before I start sending out the template letters requesting them for proof . I will send the SAR request for sure. I also think I have legal assistance I can get through work

[eek]

I was pretty worried for the last few years as I didn't read into this much. My only source of info was lurking on here. But as I look more and more into the legislation set out and things like constute barred etc the more confidence I have. Even simple things like on the financial ombudsman site it says agreements need to be signed etc for things to be enforceable, further reinforce my confidence despite people saying "If you have recieved money it counts as an agreement" - not sure that will stand up in court. These clowns know the chasing will fail if it goes to court. In my case they have no agreements signed and nor have I interacted or paid anything to them. I have potentially multiple avenues to go down to get them off my back BUT I will be contacting the groups first before I start sending out the template letters requesting them for proof . I will send the SAR request for sure. I also think I have legal assistance I can get through work

Be careful - don’t assume the consumer credit act or similar applies in cases where the money was lent to you within an employer employee relationship.

and remember that just accepting the money may have been enough to create the loan so you do need to tread very carefully here.

Ask for the SAR they have on you but remember not to sign any letter yourself in case they decide to “recreate the paperwork”.

[looperevil]

Be careful - don’t assume the consumer credit act or similar applies in cases where the money was lent to you within an employer employee relationship.

and remember that just accepting the money may have been enough to create the loan so you do need to tread very carefully here.

Ask for the SAR they have on you but remember not to sign any letter yourself in case they decide to “recreate the paperwork”.

I am not assuming anything. And it is up to them to prove in court that I am liable. And your second point is speculation and assuming it is indeed a loan, then the statute barred could be invoked. If you think about the silly offers they made us like "pay 5%" to write off the loan - it was all a trap to make it seem like a loan. And if you make any payment, the 6 year timer resets again or even if you acknowledge the loan amount. I recall they sent a link to some portal for us to log in and confirm the amount of the loans - I always thought that was bizarre given surely you as the "creditor" would know what is liable? I never went near that portal but unfortunately at least one person did on this forum.

I think we have more aces up our sleeve than they do if it went to court. I could be wrong though!

[MrsPatricia]

what was their response when you asked for all the information from them ?

So they said they would email me all their documentation but I refused to give them my email address so they said they would post it. I asked for it to be sent recorded so we both have proof of postage.

Below is the letter I received from them.

[MrsPatricia]

I have thus far completely ignored this until I called Town & Country back. Will me speaking to them have reset the statue of limitation?

[hudson]

So they said they would email me all their documentation but I refused to give them my email address so they said they would post it. I asked for it to be sent recorded so we both have proof of postage.

Below is the letter I received from them.

How can they collect under the Loan Charge, that would be due to HMRC, if it was due? And how can they collect on behalf of Felicitas as they are purporting to have sold the alleged debt on to W28. I smell something fishy, and I'm not talking about the contents of Baldricks apple crumble. I didn't think it was possible, but this outfit looks like a shakier peg than Gladstones. The signatory of the letter still looks a little bit wet behind the ears. (7) Dan Bland | LinkedIn.

Also, why couldn't Felicitas do anything to enforce their supposed claims through Gladstones that they had to change over to using T&C?

[Chevalier]

How can they collect under the Loan Charge, that would be due to HMRC, if it was due? And how can they collect on behalf of Felicitas as they are purporting to have sold the alleged debt on to W28. I smell something fishy, and I'm not talking about the contents of Baldricks apple crumble. I didn't think it was possible, but this outfit looks like a shakier peg than Gladstones. The signatory of the letter still looks a little bit wet behind the ears. (7) Dan Bland | LinkedIn

There is at least a theoretical possibility that HMRC have raised an assessment on the original “employer”, and they are seeking to “recoup” this - whether that’s really the case is another matter entirely..

[looperevil]

I have thus far completely ignored this until I called Town & Country back. Will me speaking to them have reset the statue of limitation?

No. Speaking to them won't have. Only admitting there is a loan you are liable for in writing and/or making them a payment would reset it.

[looperevil]

I have spoken to WTT and have a call with them. I am likely to be instructing them to be honest but lets see how I get on with my call.

[looperevil]

There is at least a theoretical possibility that HMRC have raised an assessment on the original “employer”, and they are seeking to “recoup” this - whether that’s really the case is another matter entirely..

No chance. No point spinning theories like this as it spooks people for no reason. I have already spoken to HMRC but the person I spoke to had clue what I was talking about even though I called the right Contractor Loan helpline. I want them to start taking some ownership given there is a bunch of comedians out there claiming to be recovering debts for a Loan Charge. I will try them again tomorrow.