Original FCA letter12 May 2021 15:19
https://www.fca.org.uk/publication/correspondence/fca-letter-concerns-amigo-loans.pdf
I have just reread the original letter sent to Amigo from the FCA before the first hearing.
First, I noted that the FCA appearing by counsel for the hearing, does not mean that will not support the scheme (as the regulator) if it is passed, appearing in court is more about the court hearing the objections the FCA have about the scheme rather than any further regulatory action down the road.
Secondly, the FCA are judging this scheme by their guidelines, which are different from the legal guidelines – so the court should not find them legally relevant.
Thirdly, the main objections are around the fairness of the scheme are treating customer fairly, the latter objections mainly can be conceded by Amigo – for instance they had planned to pay all claims under £100 and investigate all claims over £100, that is not “fair” under TCF guidelines, and a few extra admins could investigate all claims whatever the amount conceding this point. There are a few other points around customers not responded because they are being contacted by the scheme – a company they have not heard of – and the fact redress does not have to be paid if consumer’s (for instance with existing loans) do not interact with the scheme. Also, some people will vote without redress and so technically their vote should not count – all of these is about TCF and some may be able to be rectified easily if it was deemed important.
Finally, the other point is around Fairness. The FCA does not deem is fair that customers are having to settle for a fraction of their total redress and the bondholders and shareholders are not having to contribute to the scheme. Shareholders are in the form of lower dividends and lower re-investment income to the tune of 15% per year, but that is not guaranteed and the FCA does not appear to think it is enough. Bondholders I think will be paid back in full and again the FCA are saying its not fair to make customers pay and not bondholders – I sort of get this although obviously the company are paying into the scheme at the start and each year into it so there is money coming from shareholders (although not from Bondholders)
My conclusion is the court won’t care because the FCA concerns for opposing the scheme are FCA guidelines not legal ones, but I do think Amigo might want to consider perhaps giving something extra to the FCA as they will be regulating us.
GLA