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IFA faces £300k court battle over collapsed property investment
by William Robins on Feb 09, 2012 at 10:28
Liquidated IFA Exclusive Asset Management is facing a £300,000 legal challenge from a client over £1.3 million invested in a now-collapsed property fund.
Client Linda Dear has filed a claim at the High Court against Exclusive, which was publicly censured by the Financial Services Authority last year for failures over client communication and advice suitability.
The claim alleges the firm invested, without her consent, an ‘excessive’ amount of her funds into the Greenfield International fund, which collapsed in 2010.
Lawyers acting on behalf of Dear claimed the investment, made through a Skandia wrapper, was high risk and arranged despite Exclusive adviser Ian Sneath knowing the client was a cautious investor who was concerned with preserving capital for her children.
Sneath said it was not appropriate to answer the allegations before the case reached court but added:
‘I always acted in good faith and with regard to Mrs Dear’s best interests.’
The claim states: ‘Whilst the defendant had an element of discretion as to the investments to be made within the Skandia wrapper on the claimant’s behalf, the defendant was not authorised to make investments…to which the defendant knew the claimant would object and would not authorise.’
The claim alleges Exclusive invested around £1.3 million of Dear’s money into the fund on 13 January 2006.
It later sold nearly £530,000-worth of the investment in October 2007, but the Skandia wrapper received only £137,000. Skandia returned that to Dear’s account, leaving her overdrawn by almost £400,000.
According to the claim, despite several requests from Dear during 2007, Sneath did not liquidate the remainder of her investment until 25 July 2008, by which time the shares had already been suspended.
On 19 July 2010 Greenfield went into administration, no shares were returned and their value was zero.
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15 comments so far. Why not have your say?
Nick
Feb 09, 2012 at 11:26
On 19 July 2010 Greenfield went into administration, no shares were returned and their value was zero
So what's the point? Don't get it.
report thisMan in Black
Feb 09, 2012 at 11:42
Greenfield was the ambiguous property fund. I mean ambiguous in the sense that the status of its investors as shareholders or creditors was never clear...They purported to issue share certificates but in fact were simply booking client money as debt on the books.
Suffice to say, the FSA became aware of this and decided to investigate whether or not Greenfield was one of those dreaded Unregulated Collective Investment Schemes....
After giving this their usual tick-box/marker-pen treatment, they realised (so they thought) that it wasn't - it was a private closed-ended company issuing shares to individuals. So that's allright then. As long as its not a dreaded UCIS thing, hey? Afterall, UCIS = High Risk according to FSA. Why look below the bonnet at the investment fundamentals when you can approach these things simplistically?
Unfortunately, this inept mantra (UCIS = Bad; Other stuff = Good) badly let down the investors. It seems that there was a mixture of poor accounting and excess leverage (and poor property selection!). Plus of course there was dubious advice from the 'associated' adviser company in getting little old ladies to invest their life savings into it....But as long as it wasn't a UCIS, hey?
So the thing went belly-up and people lost money. Well done FSA. Another regulatory failure to add to the list?
report thisCheesed off
Feb 09, 2012 at 11:43
Presumably a claim against insurers if the firm is liquidated. So the story is "Client claims against IFA - insurers dealing". Hardly news!!
report thisIrritable Vowels
Feb 09, 2012 at 11:43
@Nick
She invested £1.3M and received back £137k from a sale of £530k of the investment. £1.3M minus £530k realised leaves £770k of the original investment which is now worth zero.
No point, just mathematics.
report thisPaul Howard
Feb 09, 2012 at 11:50
She appears to be suing the advisory firm - and if there are a significant level as assets in it still, as a creditor, she might get more than if she went to either FOS or the FCSC - and 'won', she would only get £100K or 50K (assuming its a Regulated Product etc) respecitvely.
report thisRoy Rutter
Feb 09, 2012 at 13:00
There seems to be a never-ending parade of cases such as this. What never ceases to surprise me is this 1.A very sizeable sum ( £1.3 million in this case ) in one single investment - where's the spread of risk ? 2. An adviser again going for high risk contrary to the client's wishes. 3. Why don't clients question adviser recommendations ? Or am I being too simplistic. Wishful thinking ?
report thisEwart Matthias
Feb 09, 2012 at 13:14
Yes but we all get tarred with the same brush!
report thisTom
Feb 09, 2012 at 13:29
Roy- the article doesn't say how much she acually had so we don't really know whether this represented a sizeable investment in one asset.
She says "excessive" but if you'd lost virtually £1.3m it might seem excessive, even if you had £100m!
report thisAdam Smith
Feb 09, 2012 at 13:43
Re Mr Rutter's point (3), it appears from the article that there was discretionary investment going on, so the ability to challenge (esp. up front) would presumably have been quite limited.
No-one moaning about the lack of a long-stop yet? Seems this time that omission might work to the benefit of the adviser community...
report thisDave
Feb 09, 2012 at 14:54
I'd imagine that the adviser was appointed as an investment adviser and could place deals on the clients behalf (but advisory so they should be checking with the client first). Re the lack of the long stop, thats irrelevant in this case isn't it as this is a limited company that has gone into liquidation. It is the ltd company that holds the liability not the individual, so presumably any complaints about the advice that are uphelp via FOS would the fall upon the FSCS.
report thisAdam Smith
Feb 09, 2012 at 15:26
But Mrs D's claim in with the liquidator is only for ten grand? What's the basis for this action?
report thisKate Brookes
Feb 09, 2012 at 17:07
I don't get it either, why so much in one fund? It's so basic, did this 'IFA' miss the chapter on diversification way back in CF2?......We have a risk profile questionairre on every file, and a record of discussion of attitude to risk in the SL, just how do these people get away with being so ill educated and non-compliant for so long? Mystified.
report thisl'ifa passeport en provenance de France
Feb 09, 2012 at 17:55
Arr ...... Mr Hexley!!
report thisTruly Independent
Feb 09, 2012 at 23:49
How is this so called Adviser still authorised to give advice.....iCAP Investment Management and Intelligent Financial Advice Limited! You surely have to look at the conflict of interest that existed between the Adviser and Mr Hexley who supposedly ran the single property fund!!!
report thisMickey Mouse via mobile
Feb 12, 2012 at 18:03
Not to mention the rather large backhander paid to messrs Sneath and Pratt by Hexley to seed the fund. Clients were not interested so they conned Mrs Dear and a few others into the transaction using a Royal Skandia offshore bond. They even had the cheek to rename the fund on valuations to the Royal Skandia International Property fund to avoid alerting Mrs Dear to the situation. A trio of conmen!!
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