Wednesday 4 July 2018

Private investors set to get back millions, following historic Financial Ombudsman ruling in Secured Energy Bonds mis-selling case

A ruling from the Financial Ombudsman (FO) has seen the claims of investors, who put millions into a mini-bond funding a solar panel project, upheld.

The investors had complained about Independent Portfolio Managers (IPM) role in promoting and arranging investments in the £7.37 million Secured Energy Bond (SEB).  

After struggling with the FO for nearly three years, SEB investors have been told that two of their complaints have been upheld. It is expected that those in similar circumstances are also likely to have their complaints upheld, as FO have described these two complaints as “sample cases”.

The Secured Energy Bond was launched back in 2013, with IPM appointed to look out for the interests of the 973 investors, who put £7.37 million into the product for three years at a promised rate of 6.5%.

IPM had three roles:          

*the approver of the Invitation Document, 

*Security Trustee  

*Corporate Director. (cf. attached background collapse of SEB Bonds for details)

The bonds were intended to fund solar panel installations on 22 schools across the country.  

The problems arose, when a large amount of the funds intended to provide solar panels, was instead siphoned off by the Australian parent company CBD Energy for other purposes.

SEB went into administration early in 2015 and its parent CBD Energy had been placed into administration in 2014. Blue Energy plc took over some of CBD Energy’s assets but not their liabilities, thereby cutting off all SEB claims.

The first that investors’ became aware of the problems was at the end of January 2015 when an interest payment was not made.

The FO ruled that IPM’s involvement was not only approving the promotion documents but that IPM ‘had an ongoing role in the investment scheme’ and was ‘central to the security and quality assurance arrangements’ of SEB.

Notably, the FO has restricted its ruling to issues around the bond at launch, which portrayed the product as safe and secure, and not the subsequent role of IPM, when SEB went bust. 

The FO ruled that the security that was put in place for the mini-bond was flawed, “leaving the security secured, in effect, on nothing. This was a fundamental flaw and one which IPM should reasonably have spotted.“

The investors formed a campaign group, the SEB Investors Action Group, which has been raising the case with the FCA, the FOS, the Treasury, Treasury Select Committee and 100s of  MPs. 

The final decision, follows a roller coaster ride, with investors directed by the FCA to the FO. At first, the FO indicated it could look at the investors case against IPM, then produced an opposite view.

Investors then felt compelled to obtain a barrister’s opinion, with the assistance of FS Legal, to support their complaints. This resulted in FO ruling that they had jurisdiction to consider complaints in January 2017. This decision has now been finalised and complaints upheld against IPM on the grounds of both jurisdiction and merits.

FO should treat all SEB complaints of a similar nature the same. It is estimated that only just over 500 of 937 investors have complained to FO. All investors now have a good chance of getting most of their money back through FO.

It has been a long battle but worth it in the end. Investors would like to thank the FOS for their painstaking and thorough approach to the case. Also, the many MPs who offered support.

This ruling is also testament to what can be achieved when people come together to demand justice. Without the formation of the SEB Investors Action Group, none of this would have been achieved. Most media and commentators wrote off any chance of investors seeing a penny back. It was only the determined efforts of a relatively small number over three years that has led to the result we see today. It is a real result for people power.
*see Telegraph - "Failed mini-bond investors win case against regulated firm that helped sell them"  -  https://www.telegraph.co.uk/investing/bonds/failed-mini-bond-investors-win-case-against-regulated-firm-helped/

FT - "Ruling offers hope for victims of mini-bond failure" - 7/7/2018

This is money - "Victory for investors three years after £7.5 m mini-bond collapse, as Ombudsman upholds complaints against Secured Energy Bonds firm" - see:www.thisismoney.co.uk/money/investing/article-5917139/SEB-mini-bond:investors-victory-three-years-7.5m:collapse.html
 

1 comment:

  1. Thanks for providing this summary of the whole saga. I have been involved from the start and the memory of what happened along the way has dimmed with time. I think you are right about the formation of the IAG being crucial and the obtaining of legal muscle also helped to persuade the FOS to continue with the case. We still need to get our money back and this will probably need the involvement of the FSCS.

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