The Post

What do receivers actually do?

Receivers are not the bad guys here . . . they’re the ambulance at the bottom of the cliff cleaning up the mess.

- Email your financial questions to starkadvic­e@gmail.com with the subject line ‘‘Financial Agony Aunt’’. Janine Starks

Dear Janine, We have just received our final payment from North South Finance, who got the wobbles in 2008 and went into receiversh­ip in 2010.

We got back 72 per cent of our money in dribs and drabs. To add insult to injury, they said they would make the final payment and didn’t. I rang and was told of a ‘‘technical error’’.

KordaMenth­a is in charge of paying back the money. These people seem to strip out a lot of money in fees and now they are not paying up. Can you ask them what is going on as I’m only getting vague answers? – Frustrated Finance Company Investor

It wasn’t hard to find the bloke in charge of this one. It all started off rosy with a KordaMenth­a staff member giving a good explanatio­n for the delayed payment.

The lips then froze and I assume he had better things to do than answer a few of my pesky questions. All I can do is take a few guesses for you and they’ll have to live with the accuracy of my mumblings.

Goodness knows why KordaMenth­a went quiet as they’ve pulled off a great result for investors. So many people lost the pants off their backsides in finance company meltdowns, yet North South returned almost three-quarters of the money.

Sure, some capital was lost and many years of interest, but for perspectiv­e, take a look at the ‘‘Deep Freeze List’’ published by interest.co.nz.

This shows the amount of capital that investors can expect to receive back. A result of 72 per cent looks enormous compared to some of these: Bridgecorp: 10 per cent Capital + Merchant: 0 per cent to 2 per cent Dominion: 10 to 25 per cent St Lawrence: 34 per cent Hanover: 18 per cent Strategic: 12 to 35 per cent KordaMenth­a intended to pay investors a final distributi­on of 7.12 per cent (almost $7.3 million shared between you) on September 18 ths year.

You were then told there was a technical glitch and the payment could be more than a week late.

A KordaMenth­a staff member explained: ‘‘One of the files required to enable us to pay the direct credit batches corrupted on Friday evening.

‘‘Consequent­ly we could not make the payments to investors.

‘‘We ran the payment batches again over the weekend. They have to be produced out of the electronic debenture register and reconciled, so we could make the payments Monday morning.

‘‘In all the years we have been paying investor distributi­ons this is the first time we have encountere­d this issue.’’

Good answer. But what happened to the interest earned on $7.3m for a couple of days? Maybe it’s a national secret. This isn’t a material amount of money, probably less than $2000.

The cost of administra­tion in distributi­ng this to investors will be more than the windfall itself. At a practical level it would be detrimenta­l to try to distribute it.

Good legal contracts foresee the possibilit­y of money earned unintentio­nally. Since $7.3m was the last payment, the estimated $2000 needs to float off somewhere.

Perhaps there is a clause in the receiver’s contract that these amounts are for their benefit. That’s perfectly OK if it’s detailed. If not, a common solution is a payment to charity as a sign of good faith.

KordaMenth­a will do whatever is legally correct. It’s a well-known receiver with a good reputation. Despite having to guess, I have no personal doubts there.

Receivers make a fair amount of money out of these situations, but they are not the bad guys here. They’re the ambulance at the bottom of the cliff cleaning up the mess – that doesn’t come for free.

One of the biggest costs in the North South case seems to be legal fees. An investor update for the last six months of 2014 shows more than $600,000 in legal costs with an extra $130,000 in the first half of 2015. The receivers took legal action against two unnamed parties for payments made to sister company Dominion Finance. They have signed confidenti­ality agreements and can’t tell you the source.

I find it really odd getting money from a source you don’t know, but the law has allowed the defendants to negotiate a confidenti­al settlement. So be it.

Given the defendants paid $6m, the legal costs look worth it.

There’s another $300,000 I asked KordaMenth­a about, but they didn’t respond. The net cash flow shown in the receivers’ 10th report on July 7, 2015, was $7.58m.

Yet your payment as shown in the 11th report was $7.28m in September 2015. Let’s assume more legal costs, receiver’s remunerati­on, trustee fees and administra­tion costs.

An expensive final few months winding up, but not unusual. The final accounts will reveal all.

Janine Starks is a financial commentato­r with expertise in banking, personal finance and funds management. Opinions in this column are general in nature and are not a recommenda­tion, opinion or guidance to any individual­s in relation to acquiring or disposing of a financial product. Readers should not rely on these opinions and should always seek specific independen­t financial advice appropriat­e to their own individual circumstan­ces.

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