The 973 investors who invested £7.5
million in the now defunct Secured Energy Bonds (SEB) have been delivered yet
another body blow, this time by the Financial Ombudsman.
Initially, the investors and MPS who
represent them were directed by business minister Harriet Baldwin and the
Financial Conduct Authority (FCA) toward the Financial Ombudsman (FO), with the
clear message that they would be able to look into their complaints and provide
some resolution.
In October, it appeared that the FO
would be willing to take up the investors complaints on an individual basis.
The complaints were against the Independent Portfolio Managers (IPM), which
were authorized by the FCA as representative to sit on the SEB board.
One investor complaint was that IPM had
sat by whilst the Australian parent body – CBD Energy – siphoned off most of
the money for purposes other than those originally stipulated, namely putting
solar panels on 22 schools.
IPM objected to the complainants,
quoting various reasons why they did not think the FO could investigate – one
of which was that there was no client relationship with investors, This despite
IPM clearly using the SEB database to send out subsequent offerings for future
similar products.
There was then a change of adjudicator.
The new adjudicator made noises about needing to take more expert advice, prior
to coming back on 28 January to tell investors that they could not take up the
case.
The reality is that the FCA has drafted
inadequate and deficient rules that allow authorized firms to get away with
endorsing investments without any responsibility or liability.
The question now for the investors is
what next? The SEB Investor Action Group has the support of more than 100 MPs,
who have been pressing the Treasury and FCA as to how the situation can be
resolved. The Treasury, FCA and FO have for their part been pushing the issue
around between themselves, whilst the investors fall down the cracks in the
regulations, perhaps hoping that investors will finally give up and go away.
This is not going to happen, as investors feel effectively robbed of their money by SEB.
What is more there was a previous energy bond produced by the same company,
also for £7 million, where investors also remain out of pocket.
This is a matter of total injustice. IPM
took up the responsibility for overseeing investors interests as the security
trustee on the board of SEB. How can they just be allowed to wash their hands
of the whole debacle and carry on with business as usual as if nothing has
happened? The one action they took to “safeguard” investors interests was to
appoint Grant Thornton as administrators – little has emerged from this source
of investigation.
The failure of the FCA to do its job as a regulator, shows a blatant disregard for investors. These people
let’s remembers are the regulators that everyone is going to be relying on
should future institutions crash. The record thus far in this sorry tale does
anything but inspire confidence.
History of Secured Energy Bonds
*Some £7.5 million of Secured Energy Bonds were
advertised in the financial press in 2013, offering 6.5% on cash invested over
three years.
*The investment looked good and secure. The company
Secured Energy Bonds plc was a separate UK incorporated body, which would use
the £7.5 million raised to buy solar panels to put on 22 schools. The investors
would receive their return in the main from the feed in tariff payments on
energy generated.
*The investor’s money was safe because even if some
problem arose with the company, the assets (ie the panels on the schools) would
still be there raising revenue.
All went well for the first months of the bond, interest was paid on the
quarter. The alarm bells though really started ringing in January 2015, when
interest payments were suspended.
*It then emerged that the Australian parent
company, CBD Energy, had gone into administration in November. But no worries
surely the UK incorporated Secured Energy Bonds was separate – the assets must
remain untouched – all £7.5 million of them.
*The Financial Conduct Authority then said it was nothing to do with them, try
the security trustee IPM.
*IPM were the “security trustee” and company director charged with overseeing
investors interests. Initially, phone and email messages went unanswered before
finally IPM confirmed that SEB had been put into administration. Grant Thornton
were appointed administrators.
*If things were not bad enough, with the funds having effectively been siphoned
off to Australia to the parent company CBD Energy, instead of being used on
solar panels in the UK, there was more baffling news to come. In January 2015, CBD
Energy came out of administration in Australia, having exercised a Deed of
Company Arrangement – this effectively put all the debts into a creditors
trust, with some small payments in the form of dividends possibly coming off of
it. The company meanwhile continues to trade.
*The single act made
by IPM to protect investors was bringing in Grant Thornton as administrators –
their efforts thus far have proved unproductive.
* Investors were
directed by business minister Harriet Baldwin and the FCA to take their
complaints to the Financial Ombudsman. She subsequently changed her tune.
* 28 January FO
issue an adjudicator's opinion saying they cannot deal with complaints.