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

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  • eek
    replied
    Originally posted by cojak View Post
    Did you dispute the Statutory Demand?
    Looking at past posts I think the issue will be that they can send him emails but as Happychap has moved address any letters from Felicitas (including any Statutory demand letter) sent to him have not arrived and you can't dispute something that you haven't seen.

    I think Happychap needs to find a lawyer and given that email implies demands have been sent work out how you get Doncaster court to set whatever may be in motion aside.

    Leave a comment:


  • cojak
    replied
    I'll post this again but go to the thread to read what you have to do.

    Originally posted by cojak View Post
    The key thing that needs to happen if you receive a SD, is just to be able to prove that there's a genuine dispute over the alleged debt.

    This could take the form of:

    1) Disputed numbers

    2) Disputed paperwork

    3) Dispute for any other reason.

    The key thing is just being able to fully claim that there is a dispute, and be able to state why. Providing you can do that, then a judge should throw it out. It's worth noting though, that if the judge does throw it out, at that point your solicitor can also apply for costs against the claimant.

    Remember a SD can never legally be used to try and pursue payment of a disputed debt. SD's should only be used to try and enforce payment of an accepted debt.

    - MrO666
    ——————————
    Statutory Demands have fixed (and very short) timescales - if you have received one you have less than 2 weeks to deal with it and hiding away without responding will result in whoever is issuing the demand winning.

    The one thing you can't do is ignore it - Statutory Demands - Everything You Need to Know! | Helix Law has a decent overview of what you need to do but really is:-

    1) Don't ignore it
    2) Get all your paperwork
    3) Find a solicitor and dispute it

    Also reading this website Statutory Demands - Debt Collection I will add

    4) Don't use time as an argument that the debt is invalid, the time frame is 5 / 6 years from the time the money was demanded not the date you received the money.


    - eek

    (Thanks to MrO666 and eek for this post.)

    Leave a comment:


  • cojak
    replied
    Originally posted by happychap View Post
    Anyone else receive a nice email + text + Letter with this information

    "On Thursday 28th January 2021, the county court at Doncaster considered the first case about debts to
    Felicitas. The hearing followed the debtor’s failure to respond to any of the letters sent to him by Felicitas,
    until we served a statutory demand on him. The judge ordered the debtor to pay Felicitas’ costs of £XXX.
    We have not yet asked a court to order the debtor to pay the debt itself, which is a substantial sum. As a
    responsible lender, we are giving all our debtors every opportunity to settle what they owe at a discount,
    prior to enforcement. All we ask today is that debtors contact us with reasonable proposals"


    Agin offering 10% pay by 28th Feb and it all goes away?
    Did you dispute the Statutory Demand?

    Leave a comment:


  • Fred Bloggs
    replied
    So, are they still bluffing or do they have a very real chance of sending in the bailiffs?

    Leave a comment:


  • GregRickshaw
    replied
    Originally posted by happychap View Post
    LEFT OUT SOME OF THE PERSONAL INFO

    On Thursday 28th January 2021, the county court at Doncaster considered the first case about debts to
    Felicitas. The hearing followed the debtor’s failure to respond to any of the letters sent to him by Felicitas,
    until we served a statutory demand on him. The judge ordered the debtor to pay Felicitas’ costs of £XXX.

    We have not yet asked a court to order the debtor to pay the debt itself, which is a substantial sum. As a
    responsible lender, we are giving all our debtors every opportunity to settle what they owe at a discount,
    prior to enforcement. All we ask today is that debtors contact us with reasonable proposals.
    You are also one of the people who have yet to take up an offer to settle. You are in default of your
    obligation to us because you failed to pay the interest on your loans when it was due. This means that we
    have a valid reason to recover the outstanding debt through the courts. You could end up being ordered by
    the court not only to pay the interest, but the whole capital balance and our costs.

    With the passage of time, our costs in recovering what you owe have increased. As a result, the discount
    we are able to offer you gets less and less. By putting this off, you are increasing what it is going to cost
    you. We are aware that some tax advisers and self-appointed commentators have dissuaded debtors from
    engaging with us. As the court decision shows, this poor advice is costing people money. Where debtors
    have engaged solicitors to help them, in general, the result has been more positive.

    We are writing to you again, so that you have a further opportunity to settle your debt to us, at reduced
    cost. If you do not understand why you owe us money, perhaps because you do not think we are the
    proper owner of the debt, or you think you should not have to pay, please contact us using the details at
    Felicitas Solutions Limited, a company registered in the Isle of Man, register number 131081C,
    registered office address 8 Auckland Terrace,
    Parliament Street, Ramsey, IM8 1AF, Isle Of Man
    the top of this letter.

    We will explain why we disagree and provide you with whatever evidence we have.
    Our Client Gateway has been available for several months and contains all of the relevant information
    proving our ownership of the debt.

    We are prepared to accept (APPROX 10% of loan) £XX,XXX in full and final settlement. To accept this offer, please make
    immediate payment to our agent as follows. You will automatically receive a letter, signed by a company
    director, confirming that the debt has been settled and that you have nothing further to pay.

    The offer expires 28 February 2021.
    Account name Fiscus Management Limited
    Sort code 09-01-29
    Account number XXXXXXXX

    Yip just as I thought

    Leave a comment:


  • happychap
    replied
    90% of the letter

    Originally posted by GregRickshaw View Post
    Not that I know exactly what legalise vernacular looks like but this does not look very err 'legal speak'

    "until we served a statutory demand on him"
    LEFT OUT SOME OF THE PERSONAL INFO

    On Thursday 28th January 2021, the county court at Doncaster considered the first case about debts to
    Felicitas. The hearing followed the debtor’s failure to respond to any of the letters sent to him by Felicitas,
    until we served a statutory demand on him. The judge ordered the debtor to pay Felicitas’ costs of £XXX.

    We have not yet asked a court to order the debtor to pay the debt itself, which is a substantial sum. As a
    responsible lender, we are giving all our debtors every opportunity to settle what they owe at a discount,
    prior to enforcement. All we ask today is that debtors contact us with reasonable proposals.
    You are also one of the people who have yet to take up an offer to settle. You are in default of your
    obligation to us because you failed to pay the interest on your loans when it was due. This means that we
    have a valid reason to recover the outstanding debt through the courts. You could end up being ordered by
    the court not only to pay the interest, but the whole capital balance and our costs.

    With the passage of time, our costs in recovering what you owe have increased. As a result, the discount
    we are able to offer you gets less and less. By putting this off, you are increasing what it is going to cost
    you. We are aware that some tax advisers and self-appointed commentators have dissuaded debtors from
    engaging with us. As the court decision shows, this poor advice is costing people money. Where debtors
    have engaged solicitors to help them, in general, the result has been more positive.

    We are writing to you again, so that you have a further opportunity to settle your debt to us, at reduced
    cost. If you do not understand why you owe us money, perhaps because you do not think we are the
    proper owner of the debt, or you think you should not have to pay, please contact us using the details at
    Felicitas Solutions Limited, a company registered in the Isle of Man, register number 131081C,
    registered office address 8 Auckland Terrace,
    Parliament Street, Ramsey, IM8 1AF, Isle Of Man
    the top of this letter.

    We will explain why we disagree and provide you with whatever evidence we have.
    Our Client Gateway has been available for several months and contains all of the relevant information
    proving our ownership of the debt.

    We are prepared to accept (APPROX 10% of loan) £XX,XXX in full and final settlement. To accept this offer, please make
    immediate payment to our agent as follows. You will automatically receive a letter, signed by a company
    director, confirming that the debt has been settled and that you have nothing further to pay.

    The offer expires 28 February 2021.
    Account name Fiscus Management Limited
    Sort code 09-01-29
    Account number XXXXXXXX
    Last edited by happychap; 3 February 2021, 16:29.

    Leave a comment:


  • GregRickshaw
    replied
    Originally posted by happychap View Post
    Anyone else receive a nice email + text + Letter with this information

    "On Thursday 28th January 2021, the county court at Doncaster considered the first case about debts to
    Felicitas. The hearing followed the debtor’s failure to respond to any of the letters sent to him by Felicitas,
    until we served a statutory demand on him. The judge ordered the debtor to pay Felicitas’ costs of £XXX.
    We have not yet asked a court to order the debtor to pay the debt itself, which is a substantial sum. As a
    responsible lender, we are giving all our debtors every opportunity to settle what they owe at a discount,
    prior to enforcement. All we ask today is that debtors contact us with reasonable proposals"


    Agin offering 10% pay by 28th Feb and it all goes away?
    Not that I know exactly what legalise vernacular looks like but this does not look very err 'legal speak'

    "until we served a statutory demand on him"

    Leave a comment:


  • Fred Bloggs
    replied
    Phone the court in Doncaster and ask them if it actually happened or is a fabricated story?

    Doncaster County Court Telephone : 01302 366 711
    Last edited by Fred Bloggs; 3 February 2021, 15:28.

    Leave a comment:


  • eek
    replied
    Originally posted by MrO666 View Post
    Exactly.......so if I've got this correct, Felicitas are basically saying:

    "We issued a SD, the recipient ignored us, so we went to court and asked for our costs to be paid, but didn't bother pursuing the perceived debt..........and that's it".

    That doesn't make any sense at all, and I'd have thought a judge wouldn't have seen any sense in that either.

    Good point about the seriously back logged courts too......I hadn't even thought about that..!
    My issue is that I can't see how they can ask for their costs to be paid... That's not an option..

    Leave a comment:


  • eek
    replied
    Originally posted by MrO666 View Post
    So Felicitas are in court, and they "choose" not to prove that they:

    A) Own the the "debt"

    B) The "debt" is legitimate and the paperwork they have confirms this and backs up their claim

    Now why on earth would they do that........it would be the one thing they could have done which would have proven at least some of their claims and no doubt persuaded many people to pay up..............it would seem they're not quite as confident as they claim.

    If anyone is in contact with Felicitas, they should be asking them for the case number. It's a public record, so they cannot refuse on the basis of data protection or anything else. If they refuse to supply the case number, then that speaks volumes.
    In the case of a Statutory demand there is no need to prove the debt because the other person has (by not disputing it) agreed that the debt exists and is valid.

    But as I said nothing else in that email makes any sense at all - all costs are borne by the creditor i.e. Felicitas and that before I look at the other issues.

    So I would be asking Felicitas for the case number while pointing out that you are more than happy to see them in court - after they've paid the appropriate court fees to get that far.
    Last edited by eek; 3 February 2021, 13:55.

    Leave a comment:

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