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Keydata investors face up to 14-year wait for refund
by Iain Martin on May 11, 2010 at 09:27
Keydata investors may have to wait 14 years to fully recover the original investment they made in Lifemark-backed policies if proposals for a rescue plan backed by US hedge fund CarVal go ahead.
CarVal Investors has proposed to lend $60 million (£40 million) to Luxembourg-based life settlement vehicle Lifemark so it can pay the premiums on life insurance assets it holds, and return investors’ capital in chunks over the next 14 years.
Investors will receive cash annually but only if the interest has been paid to CarVal – which manages $8 billion of assets – that year. The repayments depend on the performance of Lifemark’s life settlement assets. However, investors will not receive the capital growth or interest they expected from the Keydata product but may have a chance to claim any remaining money when Lifemark is eventually wound down.
The deal is backed by Keydata administrator Dan Schwarzmann (pictured) of PricewaterhouseCoopers: 'We have agreed on the structure but there are quite a few people involved...I can't talk about any part of the deal at this stage,' said Schwarzmann, partner with PwC.
The proposed timescale may anger the 25,000 people who invested £350 million in Lifemark-backed Keydata products. ‘I would rather clients get their money back over 14 years in a deal backed by a super hedge fund than say “sorry you have lost everything and you may get back something through a fire sale”,’ said a source, who had been briefed on the proposal.
‘People will take the CarVal deal and say we are going to get money dripped to us at a certain rate but that does not mean we can’t go for a legal settlement to get the rest back.’
Despite the deal, investors could still make a claim through the Financial Services Compensation Scheme as Keydata is in default. Geoff Hartnell, director of adviser firm Vintage Financial and a member of the Keydata creditors committee, said investors could make an FSCS claim even if they have not made a loss.
‘You don’t have to lose all your money for the FSCS to come in,’ said Hartnell. ‘If the director of the fund causes your assets to be vulnerable through their negligence or fraud you are entitled to be put back into the position you would have been in if you had not invested.’
The 24,000 individuals who invested less than £48,000 could be repaid immediately while the other 1,000 people who invested more would have to wait 14 years before the remaining money was paid.
Jason Walker, senior manager at AWD Chase de Vere, said the FSCS was considering whether to pay compensation to Lifemark investors. ‘My personal view…is that it could be months before they come up with anything on Lifemark so it will be after any [restructuring] proposals are put forward,’ he said.
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10 comments so far. Why not have your say?
graham pattinson
May 11, 2010 at 10:56
Would Dan and co. wait 14 years to get paid as administrators? I think not. As the company are now in default, surely a claim should be made via the FSCS and end the fiasco. The ongoing expense of this administration is sheer madness.
A lot of pensioners are invested in these so called Defined Income Plans and they were relying on the income payments to supplement their pension income. A lot will be dead and gone inside 14 years.
report thisTRISTAN CLAPPE
May 11, 2010 at 10:59
When is action / prosecution of the keydata Directors going to start?
They have a lot to answer for and should not get away with this
report thisJohn Whipple
May 11, 2010 at 11:43
14 years of trail on £40 million as well as fees and expenses for setting it up well done Dan ever cloud hey?
report thischris kinnersley
May 11, 2010 at 12:11
Would it not be so much cheaper to pay out the keydata investors,rather than pay various accounting firms vast sums of money plus the costs which will be incurred by the SFO and the FSCS to just confirm fraud took place.?
report thisLesley Murton
May 11, 2010 at 14:39
Well done Dan, you keep lining your pockets at our expense!!!
This is a travesty, a farce and an insult I doubt if many, if any, would be in agreement with this proposal. As previously stated many investors are 60+ so what good would this be to us? Personally we just want our original investment back, interest would be a bonus but at this stage just the original capital would be acceptable to us.
report thisPeter Hilton
May 11, 2010 at 15:36
Are we really supposed to swallow the "mortality" explanation trotted out by Mr. Collard? What about the considerable amount of our money which was sucked out from Lifemark by its owners and other leeches? (Lifemark was set up and owned by the principal director of Keydata) And how much exactly of our £350M was really spent on the famous "assets"? (They now seem to be worth zilch). 30% of our money was supposed to be held as cash. Where has the £100M+ gone, exactly?
We may never know the answers to these questions. What we do know is that the people we trusted with our savings are very rich men now, and we are very poor.
So I will draw my own conclusions.
report thisrobert davidson
May 14, 2010 at 11:07
I understand that the FSA received a complaint
from KPMG in 2006 because, in their sales brochure, Keydata had claimed that KPMG were an "involved party" and would be "monitoring the cash flow" of Keydata Bonds.
If so, did the FSA flag this to the financial industry? If not why not? My IFA was still assuring me that Keydata was a solid based company in December 2007. Was my IFA negligent if he had an inkling that Keydata was making false claims? Who is telling truth?
Roy Davidson
report thisRon Foster
May 18, 2010 at 14:59
This was a fully back investment and how does everything go wrong. There is no safe investment.
report thisCharles Forster
May 18, 2010 at 16:46
Clients have entered into these agreements often to support retirement and care needs.
The documentation played down these risks and highlighted financial support of major institutions in the event of defaults the third parties appear to have evaporated, and the income payments and renewals have ceased this must be substancial.
The underlying assets ought to be priority and the investors protection first and foremost.
I recall the statement that the investments are safe as long as the policy premiums are paid? they will mature at some time in the future and therefore the risk is minimal outside of external interferance.
Return of capital as minimum.
report thiscolin grant
May 20, 2010 at 16:23
As a £100,000 donator to this fiasco, there is as much danger in this story as in the banking situation. The government should be sorting this out to prevent the collapse of faith in the investment market generally. It would seem that anyone can defraud the general public with virtual immunity and become rich beyond their dreams while watchdogs who should have been practicing due diligence are totally negligent, without any comeback. Mistrust will cripple the industry if this situation is not addressed. All that is happening at the moment is the familiar sight of PWC etc getting rich whilst picking over the bones of the body before declaring the body dead after its paid itself all its fees.
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