Things about to get very serious and much more real?

[eek]

If this is the case I could just make up a debt send it someone old address and make them bankrupt

You probably could - I believe it's happened in the past...

[webberg]

I am sorry but how can the court take the case? Because one party has filed a demand and nobody has said that the demand is incorrect and/or that the matter is in dispute. If a court looks at an uncontested demand, there is no requirement upon them to investigate.
Were is the defendant? He/she is innocent until proven guilty. There is no "guilt or innocence". If the "innocent" party has not filed a defence, then by implication they are not innocent.
What are these loans? oh they are a tax avoidance scheme which the owners setup and since have been proved by HMRC are illegal and are income. You cannot loan yourself your own money The court cares absolutely nothing about the tax situation and will not even look at that. Unless you have filed a defence on that basis, why would the Court even look at it?
Prove that you own the loan book? That is better thinking but it does require you to file a defence based on that idea.


If this is the case I could just make up a debt send it someone old address and make them bankrupt

YOU - not somebody else - YOU need to take steps to protect yourself.

That might be appointing and paying a professional, it might be reading up and using online resources to defend yourself.

Do NOT however assume that the magic contracting fairy will whisper in the Judges' ears that the loans are not real, are disputed, are not due, etc.

Sitting back and waiting for said fairy will end badly.

[happychap]

Sorry, I don't want to appear nieve here but:-

As yet I have not received an SD however I do worry that it has been sent to an old address or something similar.

Is there any way you can find out if an SD has been raised against you - some sort of register?

Thanks and apologize if this is a dumb question.

[JusticeSeeker939]

Is it obligatory to get a solicitor for the set aside? Apart from navigating court forms (which sometimes aren’t too difficult). Do they need to understand the basis of the dispute or just that there is a dispute?

I have yet to receive the letter. My post is being redirected but not always speedily by someone with access to the address. I called them and they said a letter had come with a post office “signed for” stamp but it wasn’t signed for (I believe due to COVID.) I am potentially eating into response time.

I assume I would need to find a solicitor and go through the usual passport etc. Getting to know you stuff. Hence why considering to avoid. Not for the small change they seem to want as fixed fee that Felicitas/Fiscus whoever sent this can pay for.

The letter was reposted Monday from a country address to a London address. Proof of postage was kept. Nothing in my letterbox in London yet though. I understand serving by post means serving date is two business days after delivery. So I think my clock started ticking today.

What should I do if it is an SD but somehow I never receive it?

BTW: I was told the envelope had Isle of Man on it.

[eek]

The letter was reposted Monday from a country address to a London address. Proof of postage was kept. Nothing in my letterbox in London yet though. I understand serving by post means serving date is two business days after delivery. So I think my clock started ticking today.

What shou ld I do if it is an SD but somehow I never receive it?

BTW: I was told the envelope had Isle of Man on it.

I posted this earlier to pint out what arguments may work

Yes but the one thing you can't do is ignore it - Statutory Demands - Everything You Need to Know! | Helix Law has a decent overview of what you need to do but really is:-

1) Don't ignore it
2) Get all your paperwork
3) Find a solicitor and dispute it

Also reading Nigel's website Statutory Demands - Debt Collection I will add

4) Don't use time as an argument that the debt is invalid, the time frame is 5 / 6 years from the time the money was demanded not the date you received the money.

[PJSMITH1980]

Has anyone that has been using ECT Tax NOT received an SD from Felicitas?

I was on the earlier IQ scheme from 2013 where the loans were set up under the jurisdiction of the IOM and not England.
The very basic loan paperwork I have looks like it was written by a 5 year old with no loaned amounts or repayment terms etc.

I am unsure whether to engage and pay for assistance from Elysium at this stage as no SD has been received.

The last communication from Felicitas was an email they sent me 2 weeks ago advising of a new document to view on their portal. I have not accessed this portal and do not attend to.

I'm just trying to work out what my options are if I don't use Elysium at this stage and then receive an SD later on? Is anyone able to give advice please?

[Monkeypower]

Hi pjsmith1980, I was/am with ETC and haven't received an SD.

I do find it odd that Elysium was asking for £xxx monies up front to handle my affairs when I haven't had an SD or a direct communication from Felicitas asking to Mediate.

I will engage a solicitor when/if I get either.

Sent from my SM-G965F using Contractor UK Forum mobile app

[Superfly]

Hi pjsmith1980, I was/am with ETC and haven't received an SD.

I do find it odd that Elysium was asking for £xxx monies up front to handle my affairs when I haven't had an SD or a direct communication from Felicitas asking to Mediate.

I will engage a solicitor when/if I get either.

Sent from my SM-G965F using Contractor UK Forum mobile app

EtcTax seem to have shifted their position from "the alleged 'loans' have more holes in them than swiss cheese", Loan charge contractors face double whammy of life-changing repayment demands as past loans recalled to "these are real loans and some real nasty people are going to chase them up" Schrodinger’s cat’s loans - ETC Tax

I believe this is purely a business decision as to dismiss the alleged 'loans' would mean EtcTax and Elysium would lose quite alot of business

At this point, it is in EtcTax and Elysiums business interest that these alleged 'loans' are seen to be real loans that a professional defence and dispute is required.

EtcTax and Elysium Law are not two wholly unrelated parties. Andy Wood of EtcTax and Richard Gray, barrister at Elysium Law are buddies, see There is a warrant out for your arrest!!! - ETC Tax so don't think you are dealing with two completely separate entities. So there may be combined business model between EtcTax and Elysium Law.

My advice would be to find your own barrister and dispute the statutory demand through them, there are plenty about that can deal with the statutory demand, it just needs to be disputed professionally. If you do want to use Elysium Law then keep your guard up and be ready to question things if they don't feel right.

[eek]

Following on from Superfly and I will be very careful here

There is an adage on the internet that says if you aren't paying for the product, you are the product (think google searches, facebook promos, promoted tweets, first x months free then large invoice).

[mrprofit]

Following on from Superfly and I will be very careful here

There is an adage on the internet that says if you aren't paying for the product, you are the product (think google searches, facebook promos, promoted tweets, first x months free).

So true, everyone is trying to sell you something or give you free stuff and then up sell.

That's why I don't like this herd mentality to save some pennies dealing with this matter. They might as well hoarding people for the kill or major pay-out. FIND A GOOD LAW FIRM GUYS. This not the time to save, this is time to fight!
In London there a plenty of good firms, at least you know there are 200 people in a firm got your back and there is no conflict of interest.