IQ Consultants, Felicitas Solutions, ECS Trustees - loan repayment demands

[Spider2000]

So when these schemes went under, they set up a ‘contractor helpline’ for dealing with the hmrc letters. This turned into ‘one time offer’ to clear the loan for a payment. It all came through emails, much less professional looking than this time. As if trying to help so that it would stop the hmrc from winning.

I don’t think people paid, there was much less threat and more ‘we are only trying to help’ sort of tactic.

I think the same people are involved.

Yes, 'The Trust Helpline' being one , the only people they helped were themselves, to other peoples money.

[Spider2000]

So if they are legally binding....

1. How many folk knew it was a loan scheme when they signed up ?

I didn't.

2. How many people were told they would have to pay the back ?

I wasn't told.

3. How many folk would have signed up if they knew this ?

Not one person would sign up for this.

This is no different to PPI mis-selling. The loan part was never mentioned to me and when I read the agreement recently the loan bit was on page 22 of 24.

This same umbrella company is still trading and texted me a few times asking me to re-join for a loyalty bonus !

I knew it was a loan scheme , and i was explicitly told that the loans would never be requested to be re-paid, and that since the Trustees had an obligation to act in the interests of the Trust beneficiaries ie us , how could they request that a loan be re-paid ? Of course this could never be in writing as it would then prove that it was tax evasion , as a loan that was never intended to
be re-paid was not a loan. The only reason it was called a loan was because that avoided any tax or NI. The only way these schemes could possibly work was the implicit understanding that the
loans would never be called-in or interest paid. The business model was to take a % cut of the money flow , not to ask for re-payment of the loan.

[stevematch]

Sack of S

This is the guy behind Felicitas

Adrian Sacco - https://www.linkedin.com/in/adrian-sacco-5298788/

<Snipped>

[stevematch]

Great idea

How about we start playing some games back , and all submit a SAR requests to Felicitas / Baker Tilly / Gladstone , which requires them to supply all the information they have on you for free.

Template at the bottom of the email


How to make a subject access request
If you wish to make a subject access request, there is no particular format for doing so - you can simply write to or email the organisation and ask it to provide all of the information about you it is required to disclose under the Data Protection Act.

You can ask the organisation you think is holding, using or sharing your personal data to supply you with copies of your personal data.

If a company tries to charge you a fee, inform them that, as of 25 May 2018, subject access requests can be made for free when GDPR became law in the UK as the Data Protection Act 2018.

To make a subject access request (SAR), follow these steps:

Find out the right department and person to send the request to, if you can
Make sure you know all the information you need, so you can ask for this in the same request
Write to the organisation, including your full name, address and contact telephone number; any information used by the organisation to identify or distinguish you from others of the same name (account numbers, unique IDs, etc); and include details of the specific information you require and any relevant dates

Include a reference to the one month deadline that applies when dealing with requests to provide personal information
Reference that you have the right to make a subject access request for free under the Data Protection Act 2018.
You can use the free template letter available on the Information Commissioners Office (ICO) website to make a subject access request.


Page not found | ICO


Lets see how happy they are when they get hundreds or thousands of requests that they legally have to respond to within 30 days under GDPR regulations.

That should slow them down a bit.

Great idea mate, i'm on it.

[Kingsshilling]

I saw someone mention that they had moved twice and the letter was correctly addressed to their current address. I have also moved and the letter was correctly addressed, not a redirection. How are they finding the correct addresses if we have not been in contact with them. Are HMRC providing the information?

[why]

Looking back in this forum what has been the outcome with similar demands. I'm seeing alot going back but no actual outcomes or outlines on how to successfully achieve a satisfactory outcome.

HMRC is another matter I guess but what about these dodgy demands? It's all well and good threads going back with the same issues but no sticky on successful outcome or steps taken, or at least not easy to find

[why]

Same here. I have moved too and I cannot figure out how they have my new address. I will be asking this and many other GDPR questions if this drags on.

They must be getting from either

Electoral roles
HMRC
Third party

Either way its not with our consent.

[why]

I've now found the loan agreement and it is not great...

"*3. Repayment*
3.1. The loan shall become due and payable one month after the service
of a written demand by the Lender on the Borrower, on the borrower
reaching his 70th birthday, or on the death of the borrower, whichever
is sooner.
3.2. The loan must be repaid in Sterling; repayment in any other
currency will not be accepted.

*6. Assignments*
6.1. The Borrower may not assign any of his rights under this Agreement
without the consent of the Lender.
6.2. The Lender may assign all or any part of its rights or benefit
under this Agreement without the consent of the Borrower."

Clearly there's more to it but I tend to agree with others that just because HMRC classed this as income and not a loan that does not affect the legal position of the loan itself. Sadly, like many of you, I have had to come to terms with paying a massive bill to HMRC and ending a horrendously stressful period of my life. For it to restart like this is horrific and I agree that we need to consider options and act as a whole here.

Which company please?

[Socialsarah73]

If you have a contract of employment and a P11D, then it means your scheme was pre-April 2011.

That is not correct I have a pd11 from 2016 - 17.

[Socialsarah73]

As far as i can determine , The Trust Help Line (aka DOR Resolutions) was set up by Andrew Tompson an ex-(or maybe still current)employee of Baker Tilly, ( i was told this in a rather bizarre phone call i had with Baker Tilly when i tried to contact them since i understood they were the administrators for the Longacre / Wincheter Trusts)

This guy seemed to have got hold of the databases of names / adresses and loan details ( if he no longer works for Baker Tilly this is probably in breach of data protection / data theft) and crudely attempted to send emails and text messages offering to cancel the loans for about £1k just prior to the Loan Charge legislation deadline.

He had more that just names/addresses and loan details my subject access request had every email communication between me and IQ/infinity including my illustration/hourly rate/agreement etc. As mentioned above they didn’t send me my PD11 or payment slips etc despite asking specifically for them. They claim the basis for holding the information via GDPR is financial but I do think there is a complaint to IOM ico in respect of GDPR principle 3 - data minimisation. I would recommend doing a Subject Access Request.