West 28th Street Limited

[Kingston1]

I have filed my second complaint to the FCA citing Ethica Resolve and 28th West Street's underhand behaviour in trying to pursue these supposed loans. The FCA must be getting the picture by now and if enough people do this, it will set alarm bells ringing.
Even if they do get validation I do not understand how it can be applied retrospectively with any historical agreements without your consent.

Have also sent a further complaint to FCA today - this time focusing in on Ethica Resolve Limited who are FCA accredited and are the ones apparently actioning this. I have copied the latest correspondence from Trethowans along with the full details of the history of the case.

I requested that FCA review formally and deny granting the FCA approval for them to pursue these invalid claims.

 

[strawberry]

was this written by a 2 year old? It's so full of holes it is laughable

 

[looperevil]

Also, the FCA link to this HMRC article:

Repaying a disguised remuneration loan to a third party

www.gov.uk

• whether the loan agreement is unenforceable because the original lender, or any third party the lender has transferred the loan to, is not properly authorised under the Financial Services and Markets Act 2000, or because the lender has not complied with the Consumer Credit Act 1974 (CCA). Unless subject to certain statutory exemptions, the lender and any third party seeking to recover the debt must:
  • be authorised by the FCA
  • hold the appropriate FCA lending permission
  • The loan will be unenforceable if the original lender was not authorised with the appropriate FCA lending permission. Any third party the original lender has transferred the loan to that is seeking to recover the debt from you without the appropriate FCA lending permission or exemption would be acting unlawfully. You can check a firm’s authorisation status and regulatory permissions using the Financial Services Register: register.fca.org.uk. If the lender has not complied with the CCA, it is up to the courts (not the government or the FCA), to decide whether to allow enforcement of the loan.

Well the idiots at Trethowans, have a read of the above. You are assisting and part of breaking the law. Kind of defeats the purpose of a law firm. Here is the relevant section from the latest letter they sent:

 

[eek]

That's quite a statement I think.

At last someone appears to actually be taking an interest in this scam though.

The two things I note are the tone of the notice and the speed at which it’s been published given when the letters arrived - to say the FCA has to be annoyed would be an understatement, nothing moves that fast without someone senior exerting pressure

 

[eek]

Hang on a ******** minute.........

So despite multiple letters forcefully alluding to these agreements being CCA Regulated, they're now confirming in writing that that accept they are not, and never were. A law firm has consistently and intentionally alluded to and made reference to these alleged loans falling under CCA Regulations, when in fact they knew they were not. If that's not acting in an unprofessional and intentionally deceiving manner I don't know what is.

They know there is virtually zero chance of getting the FCA to rubber stamp these sham, tax avoidance agreements as bonafide CCA Regulated loans.

I think the whole point is to trick people into making voluntary payments - it’s give us money or x and y will occur.

But x (FCA agreeing the loans are valid - isn’t going to happen) and y ( a court agreeing is equally unlikely if given the actual details of the loans) so that letter is designed to scare people into doing the one thing you shouldn’t do which is give them money

 

[looperevil]

I'm going to go as far as saying Trethowans are done on this matter. They haven't a chance in hell with any of this...even with those who have "made a payment".

Shows you how much the likes of Elysium and now Greenwoods are milking from this.

 

[lillybean]

Hang on a ******** minute.........

So despite multiple letters forcefully alluding to these agreements being CCA Regulated, they're now confirming in writing that that accept they are not, and never were. A law firm has consistently and intentionally alluded to and made reference to these alleged loans falling under CCA Regulations, when in fact they knew they were not. If that's not acting in an unprofessional and intentionally deceiving manner I don't know what is.

They know there is virtually zero chance of getting the FCA to rubber stamp these sham, tax avoidance agreements as bonafide CCA Regulated loans.

I know, you couldn't make it up.

 

[grahamc]

Im wondering if this is now the time to go on the offensive and target them on the harassment/undue pressure from Trethowans?

 

[MrO666]

Don't want to bring a downer to the party here, but this still a very active piece of work by all involved. Don't make the mistake of thinking they're all about to pick their ball up and go home.

Make sure anyone who has received these Letters of Claim formally respond to them, and make sure you can evidence doing so. This isn't a game, and I don't think Trethowans and others have suddenly realised there's an issue, they've known this is what they're doing all along. Provide no payment details from day one, then when they ramp up the pressure (and fear), suddenly tell you how to pay.....that's not a mistake, it's a very calculated approach.

I suspect they're very much hoping some people won't respond or challenge, and that would play directly into their hands.

Stay focused, stay professional and whilst everyone hopes this comes to nothing, don't loose sight of that fact that Trethowans "could" try and get the FCA and Courts involved. It might all be a bluff, but prepare as if it very much isn't.

 

[Wtaf]

I'll be raising a complaint to the SRA about professional dishonesty amongst other principles a law firm is supposed to adhere to. But if anyone needs a recommendation for a good law firm DMH Stallard will fight this nonsense for you. I'd personally recommend Nicola Billen at the firm for litigation.