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

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    Originally posted by Thunderpants View Post
    Hi All I have had several emails and phone calls from a debt collector on behalf of West 28th street.
    Has anyone ever been taken to court over these false loans? Or will they back off. Am seeking legal advice
    I thought the company you are supposed to owe money to has to tell you if they are getting a debt collector involved.. Sorry if the questions have been asked previously
    I would contact West 28th and make it clear that you firmly dispute that any legitimate debt exists, and also ask them to send you details of all correspondence sent to you in relation to this.

    Have you moved over the years, as it's possible that W28 will say they attempted to contact you at a previous address etc etc.

    However, if that is the case, remember that the creditor needs to make all reasonable efforts and attempts to contact an alleged debtor. The fact that a debt agency is phoning and emailing you means that W28 must have been in possession of alternate contact details other than an address, and have chosen not to use either and have potentially just progressed straight to "debt" collection. I would make this scenario very clear to W28, as if you went to court you could argue that despite having a method to contact you, they didn't, which wouldn't do W28 any favours at all.

    Nobody has ever successfully been taken to court by any of these joke outfits as far as I'm aware, however I would very quickly get any debt collection shut down by either getting a solicitor involved, or by contacting one of the specialists on these forums (WTT etc etc). Whatever you do, DO NOT ignore it.

    Comment


      Originally posted by MrO666 View Post

      I would contact West 28th and make it clear that you firmly dispute that any legitimate debt exists, and also ask them to send you details of all correspondence sent to you in relation to this.

      Have you moved over the years, as it's possible that W28 will say they attempted to contact you at a previous address etc etc.

      However, if that is the case, remember that the creditor needs to make all reasonable efforts and attempts to contact an alleged debtor. The fact that a debt agency is phoning and emailing you means that W28 must have been in possession of alternate contact details other than an address, and have chosen not to use either and have potentially just progressed straight to "debt" collection. I would make this scenario very clear to W28, as if you went to court you could argue that despite having a method to contact you, they didn't, which wouldn't do W28 any favours at all.

      Nobody has ever successfully been taken to court by any of these joke outfits as far as I'm aware, however I would very quickly get any debt collection shut down by either getting a solicitor involved, or by contacting one of the specialists on these forums (WTT etc etc). Whatever you do, DO NOT ignore it.
      Thanks, I have been in touch with a solicitor and they are going to write to West 28 hopefully that will put them off.
      I haven't moved address and got a letter from them last year so they know my details think they just put a debt collector on commission to save them the bother or think they can frighten people who don't know the system
      Last edited by Thunderpants; 28 April 2023, 13:00.

      Comment


        Can anyone recommend a solicitor for my appeal against HMRC? I emailed them appealing the last letter they sent me saying I owed them £58k including all my information for my original settlement with them and they sent me a letter acknowledging the appeal but saying I still have to pay them the £58k in the mean time.

        Edited to add: just spoken to HMRC and apparently because I didn’t use the exact phrase “postpone of payment” they didn’t acknowledge it. So I’ve now sent a follow up email to them with that. God this is all SO stressful.
        Last edited by MrsPatricia; 13 May 2023, 13:14.

        Comment


          Originally posted by GregRickshaw View Post
          HMRC have deemed them as taxable income and not loans though.
          No they haven't.

          The Supreme Court found (in the Rangers case) that the payments from the employer into the employee benefit trust were taxable.

          The loans that were made by the trust to the employee after that point in the chain were/are still loans.

          Comment


            Originally posted by GoneSurfing View Post

            No they haven't.

            The Supreme Court found (in the Rangers case) that the payments from the employer into the employee benefit trust were taxable.

            The loans that were made by the trust to the employee after that point in the chain were/are still loans.
            Then I expect someone to come and demand repayment of that loan…
            "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
            - Voltaire/Benjamin Franklin/Anne Frank...

            Comment


              Originally posted by cojak View Post

              Then I expect someone to come and demand repayment of that loan…
              Exactly Cojak !

              Comment


                Originally posted by GoneSurfing View Post

                No they haven't.

                The Supreme Court found (in the Rangers case) that the payments from the employer into the employee benefit trust were taxable.

                The loans that were made by the trust to the employee after that point in the chain were/are still loans.
                Ok well you can explain this to HMRC for me and maybe I'll get my £££k back

                Comment


                  Originally posted by GregRickshaw View Post

                  Ok well you can explain this to HMRC for me and maybe I'll get my £££k back
                  The tax was still due. Just not on the loan.

                  Comment


                    Originally posted by GoneSurfing View Post

                    The tax was still due. Just not on the loan.
                    You are making no sense at all. What tax would be due then if HMRC were not taxing the loans? Very little. HMRC took the loans as payment and taxed us on the loans as they were deemed earnings not a loan.

                    The other thing to remember here is this post is about dealing with the companies who came after the loans, not to re-open the debate about whether the loans were loans or not.

                    Anyway I think I'd rather listen to the advice of known and trusted tax solicitors/specialists etc., than some random on here.
                    Last edited by GregRickshaw; 25 May 2023, 15:11.

                    Comment


                      Originally posted by GoneSurfing View Post

                      The tax was still due. Just not on the loan.
                      So you don’t have a demand for repayment of your loan? Why are you in this thread then?
                      "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
                      - Voltaire/Benjamin Franklin/Anne Frank...

                      Comment

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