Reply to: Gladstone/Felicitas

[webberg]

But that is not what I asked, I asked as why some early loans had been completely written off i.e. pre April 2011. In those written off cases there is no 'loan' whatsoever outstanding and no offer of 'final settlements', they, themselves have written the loans off and sent emails to some members here out to that effect.

I asked if this is enough evidence to prove any further attempt by them or another company in years to come is futile (since they sent out email writing the things off)...

I suggest that those with sufficient learning to answer that question will not be willing to say much on a public forum as they will not be able to see the documents and make a valid call.

Those without sufficient learning (including me) would be at best guessing at the answer.

You need to be asking the question of a suitably qualified person.

[why]

I believe someone (Webberg or eek) has already said elsewhere on this forum, that a lawyer should be able to draw up an agreement for "full and final settlement" at 5%. But this still may present issues, or make things worse.

But that is not what I asked, I asked as why some early loans had been completely written off i.e. pre April 2011. In those written off cases there is no 'loan' whatsoever outstanding and no offer of 'final settlements', they, themselves have written the loans off and sent emails to some members here out to that effect.

I asked if this is enough evidence to prove any further attempt by them or another company in years to come is futile (since they sent out email writing the things off)...

[why]

As feciltas already officially deliverd the loan agreements to my agent I dont think they can rectfy this screw up. So im not harming my position.
My solicitor got back to me and he confirmed that there are serious anomalies and also said this is bodering on fraud.
One or two can be dismissed as mistake but this is not 1 or 2 mistakes. They will have done this for many people not just garraway people as the all have the same alleged trust.
I will file the agreements ready to produce it when required.

I'm confused, is this 'screw up' to do with those earlier schemes where they had written them off?

[hudson]

hudson / why - please delete your posts - mentioning screw ups in public allow people to rectify the mistakes before if / when they move to their next stage..

As feciltas already officially deliverd the loan agreements to my agent I dont think they can rectfy this screw up. So im not harming my position.
My solicitor got back to me and he confirmed that there are serious anomalies and also said this is bodering on fraud.
One or two can be dismissed as mistake but this is not 1 or 2 mistakes. They will have done this for many people not just garraway people as the all have the same alleged trust.
I will file the agreements ready to produce it when required.

[eek]

I believe someone (Webberg or eek) has already said elsewhere on this forum, that a lawyer should be able to draw up an agreement for "full and final settlement" at 5%. But this still may present issues, or make things worse.

The risk of any loan settlement at less than 100% repayment is the risk of Inheritance tax being required on the amount forgiven (remember the money is coming from a trust and trusts are usually designed to manage money after a death)..

But yes you need to confirm that Felicitas have the right to manage the trust and have the right to write off loans for less than the full amount before sending any money...

[NotAllThere]

Sorry, didn't realise it was a 'screw up', just some sort of change in T&Cs.

My point about FC or another form of them coming back later on for a second helping is valid. PM me if you think the reasons are sensitive, I just want to know if that email 'evidence' will cover people or not down the line.

I believe someone (Webberg or eek) has already said elsewhere on this forum, that a lawyer should be able to draw up an agreement for "full and final settlement" at 5%. But this still may present issues, or make things worse.

[why]

hudson / why - please delete your posts - mentioning screw ups in public allow people to rectify the mistakes before if / when they move to their next stage..

Sorry, didn't realise it was a 'screw up', just some sort of change in T&Cs.

My point about FC or another form of them coming back later on for a second helping is valid. PM me if you think the reasons are sensitive, I just want to know if that email 'evidence' will cover people or not down the line.

[SouthKD]

Still no proof

Sorry this sounds a bit delayed, but anyone taken up the offer to pay off the 5% debt?

Until I see F prove they own the debt, it's like giving someone £X for saying I owe them money out of the blue.
The link shared is very useful, and Webberg sums up the options quite well tbf

[cojak]

hudson / why - please delete your posts - mentioning screw ups in public allow people to rectify the mistakes before if / when they move to their next stage..

I've removed them. I would suggest using a more secure form of communication if you want to discuss this.

[eek]

hudson / why - please delete your posts - mentioning screw ups in public allow people to rectify the mistakes before if / when they move to their next stage..

[GregRickshaw]

I responded

I responded, they ignored totally.

I then went to one of the two main companies helping contractors out with this situation.
They (the two main companies) are now asking the collectors whether they have the rights legally to even try to collect the loan, on my behalf.

I also sought legal advice on the validity of the final settlement offer should I decide to settle.

I also asked my MP for help. I know of at least three others who have taken this step.

All of the steps have had a very positive effect on my situation.

[piebaps]

Sorry this sounds a bit delayed, but anyone taken up the offer to pay off the 5% debt?

Neha, have a read of this (if you haven't already)

https://www.contractoruk.com/forums/...d-summary.html

webberg's summary is pretty good. Put them to proof before you part with a penny. If you ever get any evidence and are still unsure, weigh up the 5% against the cost of getting some proper independent advice.

Don't worry about apologies here either. Everyone is discovering things at different times.

PS - beware of advice dispensed on anonymous internet fora!!

[neveragain]

Sorry this sounds a bit delayed, but anyone taken up the offer to pay off the 5% debt?

I've not, not sure if I will or not. Still considering what to do.
Assuming you haven't?

[cojak]

I sympathise with people affected by this.

I may be facing same issues down the line.
The umbrella went into liquidation early this year.
According to my contract with the loan need to paid back in 2022.

What percentage of umbrella companies that have dissolved/liquidate sell on these loans to third parties ?
How can I find out to whom my loans may have been sold on to ?
Do I contact the liquidators or this can cause more problems for me ?
Do I contact the umbrella director and request this information ?

Issues with 'Tax Efficient' PAYE Umbrellas

[Neha Patel]

Confused

Sorry this sounds a bit delayed, but anyone taken up the offer to pay off the 5% debt?