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

[TSINGH]

Employment letter from Darwin Received and evidence I have of employment

I live overseas now, however a letter has been received at my UK address demanding GBP 30,000 for loan repayment.
I was wondering how to counter this demand.
I worked through Darwin arrangement for 6 months in 2010.
I did a bit of searching for documents I had from Darwin.

Towards the end of my contract, I had requested Darwin for employment proof whilst applying for a mortgage.
They sent me 2 documents on Darwin letter head.

1. Employment letter on Darwin Pay letterhead, content of letter is as following.

18th of June 2010

To whom it may concern

I can confirm that Mr XXXXX Singh, of the above-mentioned address, is a current full-time employee of
DarwinPay Limited and has been in our employment since 8th of January 2010.

His expected annual gross income is GBP XX,XXX.00.

Should you require any further information, please do not hesitate to contact me.

Head of Human Resources

DarwinPay Limited

2. Letter states: "Proof of Earnings for Mr XXXXXX Singh"

This letter has a table with 5 columns with each column having the following heading.

Payroll Instruction Reference Employee Reference Payment Date Invoice Description Payment 1 Payment 2
PI000XXX SINXXXX 21-01-2010 W/E 08-01-2010/15-01-2010 £ XXX.XX £ XXXX.XX
XXXXXX
XXXXXX
XXXXXX
XXXXXX
XXXXXX


Can above evidence 1 & 2 counter these demands of loan repayment as it clearly recognizes me as a full time employee of Darwin and letter 2 mentions employee name, PAYROLL Ref, Emp Ref, invoice, Payment. Letter says Earnings.

[Zander]

Darwin and Halo Umberella

Good day to you all.
I met yesterday with the accountant at the company I worked for whilst using Darwin Pay Isle of Man.
He furnished me with Bank account details of there UK partners Halo and all payments made to them for my services.
Both companies have now gone down the pan but did notice a previous Halo director had 267 appointments and resignations????? seems a dodgy crew.
I have individually put together all payments made to Halo/Darwin via my agent and those made from Darwin directly to my bank account and neither tallies with the Felicitas demand.
No letter from Gladstones yet but I have all the ammunition to blow them out of the water.

[eek]

information

No it doesn't contradict anything as the entire purpose of these schemes was to use loans to pass money to their employees rather than paying everyone in cash with full tax paid.

Worse the fact the loan was made to an employee means it's outside loan regulation scopes so that closes one means of dispute.

As with all the cases and the other too posts last night your options are listed in the sticky at the top of this page see https://www.contractoruk.com/forums/...-nutshell.html

[webberg]

Can you help me further?

If you want WTT, you need to call us.

Others are available.

[OptOut]

illegal loan anyway

No it doesn't contradict anything as the entire purpose of these schemes was to use loans to pass money to their employees rather than paying everyone in cash with full tax paid.

Worse the fact the loan was made to an employee means it's outside loan regulation scopes so that closes one means of dispute.

As with all the cases and the other too posts last night your options are listed in the sticky at the top of this page see https://www.contractoruk.com/forums/...-nutshell.html

But fca uk/moneylenders act iom states if the loan to the individual was NOT for business purposes and/or sole trader no loan can be offered without a credit license; therefore the consequence of this illegality is the loan repayment is void.
A loan to an employee/sole trader would be a commercial loan, therefore illegal. To preempt their challenge: surely a loan to do anything an employee wants with, without a specified business purpose and backed up with a business plan etc, is closer to a benefit in kind than a business loan!

[BrilloPad]

But fca uk/moneylenders act iom states if the loan to the individual was NOT for business purposes and/or sole trader no loan can be offered without a credit license; therefore the consequence of this illegality is the loan repayment is void.
A loan to an employee/sole trader would be a commercial loan, therefore illegal. To preempt their challenge: surely a loan to do anything an employee wants with, without a specified business purpose and backed up with a business plan etc, is closer to a benefit in kind than a business loan!

Then you have nothing to worry about. Just ignore the letter.

[SteveJo]

using

I have decided to use ETC Tax and would like to get in touch with other in same boat. please pm me.

[pnr8uk]

How's everyone doing?

Been a few weeks now since the initial 'panic' etc., Just wanted to see how everyone was coping, things have gone very quiet for me personally but rest assured I will update as soon as I have news.

I have joined the ETCTax group so I am seeing how that goes too.

Stay strong all - united we can beat this or at the very least cost us a lot less to fight it.

Have a great weekend - stay safe from the actual storms!

[eek]

I have decided to use ETC Tax and would like to get in touch with other in same boat. please pm me.

Sorry to add this but be careful folks - this is an anonymous forum people may not be who they claim / pretend to be

a note to all.

Do not pass any information to strangers without verifying who they are.

The debt collectors want to know your strategy for resisting so that they can block it.

[LordF]

Waiting Game

I joined up with WTT and they sent me the letter to sign and issue out by email to Gladstones and then by post to them too. Not heard anything since and my deadline to cough up monies to Gladstones is today. Ball is their court!

Have a great weekend and stay safe from COVID-19.

Been a few weeks now since the initial 'panic' etc., Just wanted to see how everyone was coping, things have gone very quiet for me personally but rest assured I will update as soon as I have news.

I have joined the ETCTax group so I am seeing how that goes too.

Stay strong all - united we can beat this or at the very least cost us a lot less to fight it.

Have a great weekend - stay safe from the actual storms!