Things about to get very serious and much more real? / Felicitas Letters

[Superfly]

Make sure you contact the Isle of Man FSA and let them know you are being harassed by Felicitas Solutions for alleged loans.

They were asked by IOM-FSA to desist from harassing people until they had completed anti-money laundering/know-your-customer checks. If you weren't duped into sending your ID documents to them you shouldn't be harassed, let the IOM-FSA know if you are.

[GregRickshaw]

It's another time where I can't work out their motive for the approach they are using - unless the people who are being chased are those who ignored the mediation offer so they are going down this approach rather than the court approach.

Mind you £1270 is probably cheaper than the court case fee which is probably why they are going for this approach...

From the little I know it's a mixture... and even those with ETC (and the subsequent lawyers) who had agreed the mediation route got them. Some did not.

[GregRickshaw]

From what I understand, a Statutory Demand should never be used when there is clear indication of a debt dispute.

It can be used but the local court can 'set it aside' if there is a disputed debt.

[MrO666]

It can be used but the local court can 'set it aside' if there is a disputed debt.

........but if the creditor agrees to withdraw the SD based on someone claiming a genuine debt dispute, does that negate the need for it to be set aside by a judge ?

What I'm getting at, is can Felicitas continue to hassle people on the cheap, and just withdraw any SD at will if it looks likely that the alleged debtor is going to dispute it in court, thus avoiding any chance of Felicitas getting told to pay costs ?

Anyone know ?

[Lonerous]

I'm with WTT and will no doubt speak to them next week.

Out of interest, if a statutory demand is issued, do you (and/or an appointed representative) have to attend court (and presumably pay costs) to apply for set aside?

Is it only in court you can dispute the debt, or can this be done in advance via letter to save having to attend?

[GregRickshaw]

I'm with WTT and will no doubt speak to them next week.

Out of interest, if a statutory demand is issued, do you (and/or an appointed representative) have to attend court (and presumably pay costs) to apply for set aside?

Is it only in court you can dispute the debt, or can this be done in advance via letter to save having to attend?

You apply for the SD to be set aside and you have to do it at the court mentioned in the SD. Whether that means attending or your lawyer applying on your behalf I'm not sure.

[DanJackiels]

I'm with WTT and will no doubt speak to them next week.

Out of interest, if a statutory demand is issued, do you (and/or an appointed representative) have to attend court (and presumably pay costs) to apply for set aside?

Is it only in court you can dispute the debt, or can this be done in advance via letter to save having to attend?

Did you receive the SD?

[PJSMITH1980]

Did you receive the SD?

Has everyone received these demands yesterday or does it just seem to be people that have provided info on their portal etc?

[DanJackiels]

Has everyone received these demands yesterday or does it just seem to be people that have provided info on their portal etc?

I haven’t. And I’d rather not.
I’ve not engaged so far and at this stage would pay 5% if I could to write it off. However am sure if I did engage now I’ll be dragged into mediation at best/ SD etc. One big sorry mess.

[Lonerous]

One other thing I'm curious about.

If a SD is issued, how would a judge have sufficient knowledge to make an informed decision on a potential set aside, given the incredibly complex nature of this situation? After all, we're not talking about a car loan or rent arrears, where the matter is usually clear cut.