Since the 2008 financial crisis, record low interest rates have forced would-be depositors to look elsewhere to make a return on their capital and risk-averse mainstream lenders have withdrawn from the near prime market, driving a number of consumers and SMEs to look elsewhere for affordable credit.
The combined effect of the above (combined with technological advancements) has been a boom in the alternative finance market, with borrowers looking to raise funds directly from investors through investment schemes (such as minibonds or crowdfunding) or alternatively via a P2P lending platform.
However, these products are inherently risky for investors, as:
many of the borrowers are of lower credit quality;
the costs of any intermediary (for example, mini-bonds have historically paid a c.20% marketing fee) can make the required return (and therefore risk) on the underlying loans incongruent with investor risk appetite; and
for SMEs, the borrowers can be pre-revenue, have minimal assets to collateralise lending, and have inadequate governance and controls thus increasing the risk of fraud or misappropriation.
Many high-profile firms in the sector have failed in recent times (e.g. London Capital and Finance, Lendy, Blackmore Bonds, and Basset & Gold) and the FCA has therefore identified P2P as of high risk for customer harm and is taking an active interest in the adequacy of their solvent wind down plans.
The Group received loans from retail investors which is used to lend to sub-prime borrowers.
We were engaged by the regulator to review the solvency of the group.
Our work included a desktop review of the underlying business model, balance sheet and assets and considered whether there were any risks to the group not being able to repay the retail investment absent further lending.
Insolvency
Appointed administrators and liquidators of various UK and Channel Island companies engaged in raising money from retail investors via mini-bonds and other means. Although the UK mini-bond entities were unregulated, the CI funds were regulated by the GFSA.
Upon appointment the companies had minimal assets and our primary focus was to review the company records and bank accounts to identify how investor funds had been dispersed, and potential recovery actions that could be taken.
Legal claims remain on going.
Insolvency
Appointed as compulsory liquidator of this unregulated entity, which was used by its shareholder/director to borrow money from retail investors.
The director told investors that these funds were being on-lent to an electrical wholesaler, but investigations revealed that the company was part of a Ponzi scheme and the director was subsequently imprisoned.
At the time of our appointment, the company had minimal assets and our primary focus was to review the company’s records and bank accounts to identify potential claims. In total, c. 30% of investor losses were recovered from claims against the director and third parties.
We use cookies to improve your experience on our website and so we can continually improve it. Please let us know your preferences. For more information please see our Cookie Policy.
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
Cookie
Duration
Description
cookielawinfo-checbox-analytics
11 months
This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checbox-functional
11 months
The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checbox-others
11 months
This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-advertisement
1 year
The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Advertisement".
cookielawinfo-checkbox-necessary
11 months
This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-performance
11 months
This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy
11 months
The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
__cfduid
1 month
The cookie is used by cdn services like CloudFare to identify individual clients behind a shared IP address and apply security settings on a per-client basis. It does not correspond to any user ID in the web application and does not store any personally identifiable information.
__hssrc
session
This cookie is set by Hubspot. According to their documentation, whenever HubSpot changes the session cookie, this cookie is also set to determine if the visitor has restarted their browser. If this cookie does not exist when HubSpot manages cookies, it is considered a new session.
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Cookie
Duration
Description
__hssc
30 minutes
This cookie is set by HubSpot. The purpose of the cookie is to keep track of sessions. This is used to determine if HubSpot should increment the session number and timestamps in the __hstc cookie. It contains the domain, viewCount (increments each pageView in a session), and session start timestamp.
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Cookie
Duration
Description
YSC
session
This cookies is set by Youtube and is used to track the views of embedded videos.
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Cookie
Duration
Description
hubspotutk
1 year 24 days
This cookie is used by HubSpot to keep track of the visitors to the website. This cookie is passed to Hubspot on form submission and used when deduplicating contacts.
_ga
2 years
This cookie is installed by Google Analytics. The cookie is used to calculate visitor, session, campaign data and keep track of site usage for the site's analytics report. The cookies store information anonymously and assign a randomly generated number to identify unique visitors.
_gcl_au
3 months
This cookie is used by Google Analytics to understand user interaction with the website.
_gid
1 day
This cookie is installed by Google Analytics. The cookie is used to store information of how visitors use a website and helps in creating an analytics report of how the website is doing. The data collected including the number visitors, the source where they have come from, and the pages visted in an anonymous form.
__hstc
1 year 24 days
This cookie is set by Hubspot and is used for tracking visitors. It contains the domain, utk, initial timestamp (first visit), last timestamp (last visit), current timestamp (this visit), and session number (increments for each subsequent session).
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Cookie
Duration
Description
VISITOR_INFO1_LIVE
5 months 27 days
This cookie is set by Youtube. Used to track the information of the embedded YouTube videos on a website.
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
Cookie
Duration
Description
calltrk_landing
1 year
This is a functionality cookie set by the CallRail. This cookie is used to store the landing page URL. It helps to accurately attribute the visitor source when displaying a tracking phone number.
calltrk_nearest_tld
9 years 10 months 8 days
No description
calltrk_referrer
1 year
This is a functionality cookie set by the CallRail. This cookie is used to store the referring URL. It helps to accurately attribute the visitor source when displaying a tracking phone number.