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Type: Posts; User: WoffleCopter

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  1. Replies
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    I get that these "loans" are unregulated, but in...

    I get that these "loans" are unregulated, but in order to enforce any debt doesn't that need to be done in accordance with the FCA regs in the UK, otherwise the FCA has no teeth and lenders can just...
  2. If you have nothing you are declared bankrupt and...

    If you have nothing you are declared bankrupt and the debt is wiped clean. But this means literally nothing, no house, no luxury cars (you can keep a run-about to get you to work), minimal savings. ...
  3. Semantics are important when you get down to this...

    Semantics are important when you get down to this level.

    As I said you could argue that your toil was the "advance". I could ask back the same question, why is Felicitas asking for payment to a...
  4. I agree with most of this apart from the "loan...

    I agree with most of this apart from the "loan payment" bit. Loans are usually said to be "released" in instalments, not "paid". I have worked in the lending industry and never seen that choice of...
  5. The payments made from IQ in my case were...

    The payments made from IQ in my case were accompanied by electronic remittance advices.

    These were worded:

    "We have sent you a loan payment of £####.## today."

    Usually amounts transferred...
  6. Replies
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    I would count those as just "claims"...anyway we...

    I would count those as just "claims"...anyway we are getting into semantics.

    Damn if it wasn't for COVID, I'd be tempted to fly over for a mini-break and perform an in-person search on the public...
  7. Replies
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    So what you are suggesting is there was a hearing...

    So what you are suggesting is there was a hearing for Felicitas that for some reason never appeared on the schedule and for which a judgment was kept private because it could affect another case that...
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    I already said the only judgments not listed are...

    I already said the only judgments not listed are those involving family matters or affecting current litigation.

    I think it's fairly safe to exclude Felicitas from those categories.

    Also, what...
  9. Replies
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    Well of course they can only list scheduled...

    Well of course they can only list scheduled cases, otherwise how would people know when to turn up? :laugh

    But we do know that there have been no victories for Felicitas and there are no future...
  10. Replies
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    It's a list of upcoming cases. Why would it be...

    It's a list of upcoming cases. Why would it be incomplete?

    As for the list of historic judgements also available - only a very low number of family hearings and those that would prejudice...
  11. Replies
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    Doesn't look like it.. ...

    Doesn't look like it..

    https://www.courts.im/media/2523/civil.pdf

    I think you can also safely assume that if they had won a court case, they would be emailing everyone the next day quoting...
  12. Are you sure this is the limit of their recourse?...

    Are you sure this is the limit of their recourse? I thought they can get a court order forcing you to pay under a certain schedule, then send in the bailiffs if you default. Unless of course, you...
  13. Resorting to ad hominems are we? "How?" Have...

    Resorting to ad hominems are we?

    "How?" Have you actually tried it yourself? It returns zero results for FCA; what more is there to be said?

    I have already read through the whole thread over...
  14. Would do but a thread search for FCA returns 0...

    Would do but a thread search for FCA returns 0 results. Not going to read through the whole thread.
  15. This would certainly apply to a legitimate debt...

    This would certainly apply to a legitimate debt for example if you entered into a hire-purchase agreement, didn't pay and then ignored all letters.

    I'm not quite so certain it would extend to...
  16. I was under the impression that these alleged...

    I was under the impression that these alleged loans aren't FCA regulated so why would the FCA (UK or IOM?) or their guidelines have any relevance?
  17. I'll bow to your local knowledge then, but it...

    I'll bow to your local knowledge then, but it does say the "vast majority" and so on the balance of probabilities, that is the intersection of the small number of IOM excluded cases that have also...
  18. It would be reasonable to expect that if you post...

    It would be reasonable to expect that if you post on a public forum and make assertions that people's posts can be traced back to them, you should at least explain how. I registered with a disposable...
  19. Apart from the fact that IOM court cases are a...

    Apart from the fact that IOM court cases are a matter of public record. I could not find any cases perhaps you can?

    Isle of Man Judgments Online

    and here's what's coming up
    ...
  20. Can you define "pushing ahead" exactly - what...

    Can you define "pushing ahead" exactly - what concrete legal steps have they taken other than issuing threats?

    I doubt anyone is expecting anything from HMRC.
  21. As a matter of interest, how would they be able...

    As a matter of interest, how would they be able to tally posters on this site with their records of alleged loans?
  22. I've already read up on EBT etc before. Just...

    I've already read up on EBT etc before.

    Just because what you're saying is theoretically possible, doesn't mean it's probable.

    In my experience courts tend to put more importance on...
  23. The difference being that the money originated...

    The difference being that the money originated from your toil to end up in the trust. I don't think the judge would simply ignore this.

    Also, the court has the right to look through artificial...
  24. In the absence of any contradicting information,...

    In the absence of any contradicting information, the court usually takes the view of a reasonable person. A reasonable person would assume that you worked under the terms of the promotional...
  25. In contract law the burden of proof is lower, but...

    In contract law the burden of proof is lower, but it's still theirs to prove you received/agreed to a contract. An unsigned contract which would essentially mean your were agreeing to work for free...
  26. You received money that you worked for, have...

    You received money that you worked for, have signed time sheets for, have a contract of services for and can prove was sent to them by the client. You have their promotional material showing you...
  27. Perhaps...however, I think they would need to...

    Perhaps...however, I think they would need to prove at least that you had actually received the contract at the time. This would be difficult without a signature.
  28. Hasn't the 5% offer expired now anyway?

    Hasn't the 5% offer expired now anyway?
  29. done!

    done!
  30. Just a word of advice, these emails come loaded...

    Just a word of advice, these emails come loaded with tracking pixels, so they know if you've opened them.

    Set your email clients not to download images automatically to defeat this.
  31. If another company had obtained such an...

    If another company had obtained such an advantageous ruling, I doubt the loans would have been sold on in the first place. The fact that they did not try to obtain such a ruling speaks to their...
  32. Yes, I am aware of that, but this could have been...

    Yes, I am aware of that, but this could have been achieved already going back to THL days.
  33. I would be surprised if you had been able to...

    I would be surprised if you had been able to recover the money from these people.



    Thanks, but it seems that you appear to be reinforcing my comments more than rebutting. You make the point...
  34. Exactly. If I were in their position AND I was...

    Exactly.

    If I were in their position AND I was confident of the loans being enforceable, I would already have pushed through a legal test-case to set precedent and then use that result in all...
  35. I note that Weberg states "none of his clients...

    I note that Weberg states "none of his clients have paid a single penny". I would respectfully counter by asking how many non-clients have been ordered to repay these "loans" by a court. If the...
  36. If the money should have been taxed at source,...

    If the money should have been taxed at source, then how may HMRC come after contractors for settlement - surely they should be legally bound to go after the party who received monies from the end...
  37. So for those who have settled with HMRC, now...

    So for those who have settled with HMRC, now accepting it was taxable and paying the tax owed - would this not suggest to the judge that they were indeed not loans at all?
  38. Download of evidence

    I've also received a second letter from Felicitas with a link for downloading evidence. Haven't clicked it. No letter from Gladstone thus far...
  39. I can think of a few responses.. (1) Thought...

    I can think of a few responses..

    (1) Thought they were bluffing and would give up
    (2) You consider them to be scam artists and don't want to engage directly with them
    (3) You want to set a...
  40. I've read all this thread and I still am unsure...

    I've read all this thread and I still am unsure how to proceed.

    I've made this point before, but without a response, i.e. I've yet to see any advantages in engaging with them preemptively at all. ...
  41. I appreciate that sentiment. My concern though is...

    I appreciate that sentiment. My concern though is even if you beat this lot, there's nothing preventing them from just selling the debts on and the whole thing repeating again in a couple of years...
  42. I suspect most of us would just like this to go...

    I suspect most of us would just like this to go away, so...

    I'm no expert, but would appreciate thoughts on the following straw-man.

    Given that many of us operate our own ltd companies, what...
  43. I know we are dealing with dodgy characters here,...

    I know we are dealing with dodgy characters here, but do you think they would they go that far? I believe that would be a criminal offence [fraud, extortion?] that could potentially land them behind...
  44. I received 5 one-line "loan payment"...

    I received 5 one-line "loan payment" notifications by email. One for each month I was engaged. The term "loan payment" that they used is itself an oxymoron. A payment is a sum transferred in...
  45. I've been following this thread with interest. ...

    I've been following this thread with interest.

    I too have received the notice from Felicitas but no demands so far.

    I am wondering if it's worth doing anything at this stage? What are the...
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