West 28th Street Limited

[GroundHog]

My first post on here. I'm so grateful to everyone that has posted on here before as it has helped me hugely, first with stress and anxiety but also in providing very useful ideas about how to respond. I'm in the same boat as most of you here. We know there were never any loans. Nobody borrowed any money and nobody lent anybody any money. I am looking into the process of making formal complaints. I think an FCA complaint can only apply to Ethica as they are FCA regulated? For Trethowans I think it has to be a formal complaint directed at them and then after 8 weeks it can be escalated to the SRA and/or The FOS? I assume the same for West 28th St although since everything has come via Trethowans I'm not sure whether to complain directly to them or not.

 

[GroundHog]

Was anyone here with Winchester Contracts?

Yes unfortunately I was

 

[Jumper]

I was with Winchester too

Yes I was with them. I think there's someone else on this forum that was with them as well.

 

[wtafhwga]

Are Trethowans debt collection registered? Ethica is not (confirmed by FCA), so what role they play other than a name on a paper?

FCA contact also asking more questions. Good these clowns are on their radar now. Will be responding in detail.

Anyone received any S77 request reply from TT?

 

[Wtaf]

I responded to the FCA today and I sent a huge amount of paperwork, emails, sms, archived web pages, etc. People who are saying to ignore this lot, do not do this or they could apply for a default judgement against you. Take the time to dispute everything that they are sending you. Read up on this, which explains the Protection from Harassment Act;
https://www.legislation.gov.uk/ukpga/1997/40/contents
Remind them of this whenever they contact you after your dispute.
Remember Trethowans, West, Ethica are all following this site so stay safe.
I have the name of a great law firm i have previously used in litigation. I'll check with the mods if it's OK to mention them. Excellent rates, ethical and don't stand for any type of nonsense! Fight fight fight!!

 

[PixelPulse]

I think a key point was that the Default Notice was invalid as the supposed loans where not CCA accredited loans and the fact they have put this in writing supports that as a fact.
What I thought was the absolute cheek, they also in closed in the same correspondence. Knowing it was not to be valid.

 

[strawberry]

you can make a voluntary payment ... aye ... right oh! 😂

What a bunch of absolute whoppers!

do not pay them a penny, anything paid voluntarily can never be recouped

 

[Superfly]

There's something I've been thinking about in the wording of Trethowans' Letter of Claim, particularly their use of the word "voluntarily".

They say that if borrowers don't pay voluntarily, they will need to apply for an FCA validation order and a court enforcement order before they can enforce the loans.

Now, doesn't that raise an interesting question?

They're demanding immediate repayment and presenting the money as a debt that is already due, yet at the same time admitting that they don't currently have the necessary orders to enforce it.

In other words, they're hoping people will pay up without challenging them, but if someone refuses, they'll have to go to the FCA and the courts to seek permission to enforce the agreements.

I'm not suggesting that asking for voluntary payment is automatically unlawful, but there's a pretty big difference between asking someone to pay and actually having the legal ability to force them to pay.

What I find particularly interesting is this:

If the agreements are already enforceable and the money is legally due now, why do they need to apply for these orders in the first place?

And perhaps more importantly, are borrowers being given a clear picture of their actual legal position, or are the FCA references and formal legal letters creating an impression of enforceability that doesn't yet exist?

 

[PixelPulse]

I believe everyone received this LETTER OF CLAIM Saturday and they state deadline is 27th November 2026 as the letter is date 28th October 2026. However the letter or at least mine was recorded 48, meaning it would arrive BY 31st October 2026. Cutting there deadline by 2 days, Keep you envelopes as proof. They know this and the clock start when you receive the Letter not when the sent it.

They have concerns about statue barred deadlines and clearly they are cutting corners in the pre-action protocols do reduce the time lines.

 

[eek]

There's something I've been thinking about in the wording of Trethowans' Letter of Claim, particularly their use of the word "voluntarily".

They say that if borrowers don't pay voluntarily, they will need to apply for an FCA validation order and a court enforcement order before they can enforce the loans.

Now, doesn't that raise an interesting question?

They're demanding immediate repayment and presenting the money as a debt that is already due, yet at the same time admitting that they don't currently have the necessary orders to enforce it.

In other words, they're hoping people will pay up without challenging them, but if someone refuses, they'll have to go to the FCA and the courts to seek permission to enforce the agreements.

I'm not suggesting that asking for voluntary payment is automatically unlawful, but there's a pretty big difference between asking someone to pay and actually having the legal ability to force them to pay.

What I find particularly interesting is this:

If the agreements are already enforceable and the money is legally due now, why do they need to apply for these orders in the first place?

And perhaps more importantly, are borrowers being given a clear picture of their actual legal position, or are the FCA references and formal legal letters creating an impression of enforceability that doesn't yet exist?

It’s incredibly careful wording

If you pay a penny voluntarily then you’ve validated the loan for them and they can seek payment - that is the one thing you don’t do.

1) Tell them that you dispute the loan.
2) complain to the FCA - as that will expand their papertrail and x00 complaints will mean that the FCA will stop Ethica begore that step can begin
3) get your paperwork in order so if they do go to court you can show that their papertrail is both incomplete (I.e. W28 don’t own the debt) and even if they did its invalid.

I was wondering what the trick was and volunteer payment isl probably it everything else sounds scary but really isn’t

 

[eek]

Also has anyone sent Dan Niedle the latest letter, he needs to publish something so this reaches people who haven’t found this form