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

[shampoo]

Was anyone on this thread with IQ? Did the IQ scheme have any clauses in the contract relating to loans and T&C's relating to repayment etc?

[MrO666]

Has anyone managed to get any clarity from the Newcastle Court yet ?

[Fred Bloggs]

Has anyone managed to get any clarity from the Newcastle Court yet ?

Good question......

[Paralytic]

Has anyone managed to get any clarity from the Newcastle Court yet ?

What happened when you phoned using the number given above?

[zappa611]

The difference coukd be another monthly interest amount added.. but who knows with them!

Please note certain elements of the letter.

No mention of the case (e.g Felicitas Vs Whoever)

No details as to the ratio decedendi (for most IT numties out there that means the reason for the decision)

Also note;

Legally this is not a statutory demand, as a statutory demand needs to be served in person or by a recorded delivery letter.https://www.gov.uk/statutory-demands...atutory-demand

I speculate that the letter is one huge bluff. The Debt that they say i owe is over 10 years old from the last date. The statute of limitations is 6 years from not being contacted by a creditor. A creditor trying to prove this in front of a judge needs to change the law by exception and there is not a single precedent out there of this being done.

On top of that, they have to prove you owe the money to them and prove contracts and details in addition to the purchase of the debt, the liability in enormous for them and the Risk level is extremely high going to court, with minimal chance of a return. All that before they even attempt to try and defeat the statute of limitations. I would say if they fought 100 cases of this they would be lucky to win one.

These people do not want to go to court, as they have more change of finding Elvis alive working in an Asda in barnsley than they have of succeeding in a judicial confrontation. In short they have a 1% change of winning in court on a good day when the sun is shining. why do you think they have been trying to settle out of court cause they have a weak legal case and they would be laughed out of court and it would be expensive. Think about it why not write a really scary letter stating they have won a case , cause if i wanted to scare someone that is what i would do. which follows the last bunch of letters which states final offer .......again and again and again.............this has been going on for 15 months.......they requested personal details in between ...............it is just using the same tactic but in different ways

Simple advice is to A . Never accept liability for the so called debt - if you do that clock on the statute of limitations resets and they have another 6 years to chase you. B. Do not pay anything, because if you do they then have the ability to chase for the entire amount as that statute resets itself.

If you want to get some legal advice go to https:// etctax.co.uk/ they are handling this for me.......might cost you a few quid but it will give you piece of mind.

[zappa611]

Please note certain elements of the letter.

No mention of the case (e.g Felicitas Vs Whoever)

No details as to the ratio decedendi (for most IT numties out there that means the reason for the decision)

Also note;

Legally this is not a statutory demand, as a statutory demand needs to be served in person or by a recorded delivery letter.https://www.gov.uk/statutory-demands...atutory-demand

I speculate that the letter is one huge bluff. The Debt that they say i owe is over 10 years old from the last date. The statute of limitations is 6 years from not being contacted by a creditor. A creditor trying to prove this in front of a judge needs to change the law by exception and there is not a single precedent out there of this being done. https://www.citizensadvice.org.uk/de...nd-bankruptcy/

On top of that, they have to prove you owe the money to them and prove contracts and details in addition to the purchase of the debt, the liability in enormous for them and the Risk level is extremely high going to court, with minimal chance of a return. All that before they even attempt to try and defeat the statute of limitations. I would say if they fought 100 cases of this they would be lucky to win one.

These people do not want to go to court, as they have more change of finding Elvis alive working in an Asda in barnsley than they have of succeeding in a judicial confrontation. In short they have a 1% change of winning in court on a good day when the sun is shining. why do you think they have been trying to settle out of court cause they have a weak legal case and they would be laughed out of court and it would be expensive. Think about it why not write a really scary letter stating they have won a case , cause if i wanted to scare someone that is what i would do. which follows the last bunch of letters which states final offer .......again and again and again.............this has been going on for 15 months.......they requested personal details in between ...............it is just using the same tactic but in different ways

Simple advice is to A . Never accept liability for the so called debt - if you do that clock on the statute of limitations resets and they have another 6 years to chase you. B. Do not pay anything, because if you do they then have the ability to chase for the entire amount as that statute resets itself.

If you want to get some legal advice go to https:// etctax.co.uk/ they are handling this for me.......might cost you a few quid but it will give you piece of mind.

https://www.citizensadvice.org.uk/de...nd-bankruptcy/

[GregRickshaw]

Please note certain elements of the letter.

No mention of the case (e.g Felicitas Vs Whoever)

No details as to the ratio decedendi (for most IT numties out there that means the reason for the decision)

Also note;

Legally this is not a statutory demand, as a statutory demand needs to be served in person or by a recorded delivery letter.https://www.gov.uk/statutory-demands...atutory-demand

I speculate that the letter is one huge bluff. The Debt that they say i owe is over 10 years old from the last date. The statute of limitations is 6 years from not being contacted by a creditor. A creditor trying to prove this in front of a judge needs to change the law by exception and there is not a single precedent out there of this being done.

On top of that, they have to prove you owe the money to them and prove contracts and details in addition to the purchase of the debt, the liability in enormous for them and the Risk level is extremely high going to court, with minimal chance of a return. All that before they even attempt to try and defeat the statute of limitations. I would say if they fought 100 cases of this they would be lucky to win one.

These people do not want to go to court, as they have more change of finding Elvis alive working in an Asda in barnsley than they have of succeeding in a judicial confrontation. In short they have a 1% change of winning in court on a good day when the sun is shining. why do you think they have been trying to settle out of court cause they have a weak legal case and they would be laughed out of court and it would be expensive. Think about it why not write a really scary letter stating they have won a case , cause if i wanted to scare someone that is what i would do. which follows the last bunch of letters which states final offer .......again and again and again.............this has been going on for 15 months.......they requested personal details in between ...............it is just using the same tactic but in different ways

Simple advice is to A . Never accept liability for the so called debt - if you do that clock on the statute of limitations resets and they have another 6 years to chase you. B. Do not pay anything, because if you do they then have the ability to chase for the entire amount as that statute resets itself.

If you want to get some legal advice go to https:// etctax.co.uk/ they are handling this for me.......might cost you a few quid but it will give you piece of mind.

There are so many things wrong with your response here I'm afraid, I realise you are trying to help but so many of theses misconceptions have been dealt with here on this post on this forum.

ETC gave up a long time ago and are not a legal team, and handed it to a law company to pursue further.

Statue of limitations simply does not apply, it's often quoted in debt disputes but often misunderstood too as you have.

You may be correct about them not wanting to go to court but again that is a huge risk to be advocating here.

Check back and read some of eek's posts.

Your simple advice though well intended is extremely blasé and like many of us based on nothing we properly understand.

[WJK]

What happened when you phoned using the number given above?

I checked online @ Newcastle county court and found no cases heard on 23rd March, now I may have missed something on my search criteria but on viewing cases it dislpayed all but could not see 23rd??

[Snooky]

Statue of limitations simply does not apply, it's often quoted in debt disputes but often misunderstood too as you have.

Can you explain why, in idiot's language? Is it because the debt was never alleged, it was acknowledged by the beneficiary when they signed the initial agreement?

[piebaps]

Best bet snooky is to get yourself a brew, put your feet up and read the whole thread. You'll get a better perspective.

The simple answer to your question is that the limitation clock starts ticking from the point when the lender asks for repayment. With a regular loan, that's likely to be the first agreed payment which you missed. You'll need to check the small print of your loan agreement to determine this.

That brings you neatly to some follow-up questions;

Under what country's law was the loan made?
If it was the UK then the UK "statute of limitations" whatever that is, will apply.
If however the loan agreement is subject to the laws of another jurisdiction, then clearly UK law won't apply. What is the law in the other country?

It's a right old pile of steaming bulltulip I'm afraid. The detail however will all be in the loan agreement.

Good luck.