The Trust Helpline Problem

[snk888]

I received an email from them recently.

Part of the email says:

'You have previously logged into the Portal and confirmed you are the correct person, and you have also supplied your KYC (Know Your Customer) information and we have confirmed your identity'.

(I did {stupidly} provide my ID).

There asking me to take the next step on their portal - which is repayment of loans - which I have not gone on further.

On the page before that which they are asking me to confirm - I have not ticked any boxes. The page I am in is 'Settling with HMRC' (Which I am in the process) the extract is:

'If you have already settled with HMRC, or are considering settling, you need to purchase a Deed of Release in respect of the outstanding loans you have from each Trust. Clearly, settling with HMRC resolves the Tax position, but that still leaves you with an outstanding Loan to the Trust.

HMRC will ordinarily ask for evidence that the trustees have confirmed the loans will be written off as a result of settlement. The Deed of Release will demonstrate that you no longer have outstanding loans and as such you will not be caught by the ‘2019 Loan Charge Legislation’. Failure to obtain a Deed of Release prior to 5 April 2019 might render your loans outstanding and therefore subject to the 2019 Loan Charge.

On execution of the Deed of Release, you must also be removed as a beneficiary of the Trust ceasing your involvement with the Trust. The Trustees will execute a Deed of Exclusion and you will receive a copy.

The cost per Deed of Release and Deed of Exclusion is 5% of the outstanding loan amount, plus a £250 administration charge. The 5% is used to repay that portion of the outstanding loan.

Once you have completed this transaction and have a Deed of Release and Exclusion, you might be able to settle with HMRC on the 95% figure of the loans, not the original 100% loan balance. In expressing this view, we have relied on HMRC’s detailed settlement terms published at Disguised remuneration: detailed settlement terms - GOV.UK, in particular: “Settlement will be on a net basis - Income Tax will be applied on all the DR loans, or other payments made for your client’s benefit, rather than the gross amount paid by the client.” Please note that the information and opinions expressed herein are for information purposes only. They are not intended to constitute legal or other professional advice either express or implied, and you should obtain independent advice relevant to your circumstances'.

The loan is around £4k -

Any help is appreciated.

Thanks

[piebaps]

This is covered widely in the HMRC Enquiries forum. The advice given can be summarized best as "Don't give these pirates any more of your hard earned" This is of course my paraphrasing.

[bmflex]

I have the same issue, however I'm still confused after reading the posts on the HMRC forum. A few refer to this as a scam, yet a few others mention they are the now legal representatives of the trust and we should contact them directly to get hold of the loan amount:

https://www.contractoruk.com/forums/...=trusthelpline

Naturally however they want you to upload your ID which I have no intention of doing.

I'm struggling to get hold of bank statements from my bank prior to 2012 so I'm not sure how to get an accurate view to cross reference with the figure we are supposed to be getting from HMRC in late Dec?

[Taxnovice]

I'm in the same boat! I am struggling to find the original contract that I signed with IQ Contractors so I can seek legal advice. Can anyone help with providing a template for IQ (or similar)? would really appreciate it. Also, does anyone have a lawyer that they would recommend for such advice?

[snk888]

Even if you did not upload your ID, I guess they will have it when you first signed up with the employer?

I have the same issue, however I'm still confused after reading the posts on the HMRC forum. A few refer to this as a scam, yet a few others mention they are the now legal representatives of the trust and we should contact them directly to get hold of the loan amount:

https://www.contractoruk.com/forums/...=trusthelpline

Naturally however they want you to upload your ID which I have no intention of doing.

I'm struggling to get hold of bank statements from my bank prior to 2012 so I'm not sure how to get an accurate view to cross reference with the figure we are supposed to be getting from HMRC in late Dec?

[LordF]

Another email from The Trust Helpline

Yet another chase-up by the THL scammers.

"Hi LordF,

If you've not settled with HMRC yet, the good news is that HMRC have extended the settlement opportunity. This means you can still register, right up to 5 April 2019. HMRC have more information here.

For many beneficiaries of the trusts we represent, settling with HMRC in advance of the 2019 Loan Charge is a way reduce the tax burden. But remember, settling with HMRC doesn't automatically write off the loans. You also need to make arrangements with the trustees so that they can't later charge you interest or demand that you repay the loan.

All the trustees we represent have agreed to keep open their offer to write off 95% of the debt, until 15 March 2019. There has already been a large response to this offer and the trustees' agents are busy handling requests. If you want to get your loans written off before the April deadline, you should read the attached help sheet to make sure you understand the process and the costs involved. Then, send an email to DOR Resolutions Ltd (or forward this one) and tell them you want to go ahead. You'll need to quote reference F_LORD_01021949.

Best wishes
Trust Help Line "

[Coresme2]

Ok, so have had another email today saying that in an extension of their generous offer of £250 fee and 5% of the outstanding loans, they will give me a deed of release from the loans. This rises to 10% after the first of March, which sounds dodgy as. What is everybody else doing? I've reached out to independent financial advice on this, and they thought this THL company is "not above board and a scam" which mirrors my own thinking.

[georgeT]

Ok, so have had another email today saying that in an extension of their generous offer of £250 fee and 5% of the outstanding loans, they will give me a deed of release from the loans. This rises to 10% after the first of March, which sounds dodgy as. What is everybody else doing? I've reached out to independent financial advice on this, and they thought this THL company is "not above board and a scam" which mirrors my own thinking.

Thought I'd finally chip in. I'm in the same boat as everyone else. I received the emails from TrusteeHelpLine offering 5% pay back of loans which increases to 10% in March. I am signing with WTT as I'm at a loss with what to do.

I only used the trust scheme for about 18 months, and amounted 100k+ over two years. The whole situation is completely messed up. From HMRC through to the dodgy TrusteeHelpLine. Are they actually allowed to reclaim the loans? whether we say it's a scam or not?

[LordF]

Don't Trust Helpline

Ok, so have had another email today saying that in an extension of their generous offer of £250 fee and 5% of the outstanding loans, they will give me a deed of release from the loans. This rises to 10% after the first of March, which sounds dodgy as. What is everybody else doing? I've reached out to independent financial advice on this, and they thought this THL company is "not above board and a scam" which mirrors my own thinking.

I have spoken with a Tax Expert recommended in one of the forums and he said "just ignore their emails". I have also called the HMRC and they advised that as I have paid them the tax, interest and penalties due on the years worked through a "Tax Avoidance Scheme", I do not need to worry about a faceless outfit like THL.

[Bemi]

In answer to your questions and comments... we're screwed

Please someone correct me if I'm wrong (please god, let me be wrong), but in answer to all your questions and statements and a little more:

You do have to worry about THL. They are the representative of the various companies, trusts, schemes and shadowy background s who have screwed us all with impunity.

"But this is clearly a scam!"
Doesn't matter; legally speaking you have a contract that says you will pay them back and that is that.

"HMRC said it wasn't a loan..."
Doesn't matter. What HMRC says has no bearing on what a trust/contract judge will decide.

"My financial advisor/accountant/tax expert/god of money said it's a scam!"
Doesn't matter. You STILL signed a contract and still owe them the money.

"But it can't be a income and a tax!"
It can if the tax people say it's income and the trusts people say it's a loan. Maybe the case against HMRC on this will win? Who knows, but loan repayment wise you are screwed.

"But this is all faceless, dodgy and deliberately difficult! I have no idea who these people are, they're demanding I send them ID documents without even demonstrating they are legit, and they aren't even contactable"
Guess what... tough doo doo. Apparently that doesn't matter either. Because we still have a Roman legal system where the outcomes are largely based on what you can afford to pay for "justice"

"But I've paid off my tax debt to HMRC!"
Doesn't matter. That's just the tax liability to what they've decided is income on veeeeery dodgy legal grounds, that as far as I can tell basically rest on "I am HMRC, hear me roar".

And as for those saying anything along the lines of...

TThe advice given can be summarized best as "Don't give these pirates any more of your hard earned"

Except these pirates own my loan and can screw me for 100% of it if I don't pay them the 5% they are asking for... So wouldn't it be madness for me to just ignore them?

Anyway, off to sit in a corner being depressed after I eventually manage to turn off my latop