Withdrew funds from ISA after P2P investment went sour

Beyond_Reason
Beyond_Reason Posts: 11 Forumite
edited 27 November 2019 at 5:09PM in ISAs & tax-free savings
Two years ago I invested £20,000 in an ‘Intelligent Finance’ ISA with a well-known peer-to-peer lending company. The investment performed well initially but then there were notable changes within the organisation, bad publicity, and a significant increase in the number of my loans being defaulted, so I decided it was time to sell.

I will not name the company directly other than to say it took a long time to sell on my loans, after which there were still some unsold ‘loan parts’. In the end I was thankful to recoup my original £20k investment, but almost all of the profit I made is still stuck in their P2P sausage machine - something which I have now put down to experience!

After I’d recouped most of my funds I applied for my ISA to be transferred from the P2P company to Vanguard. I was informed that this wasn't possible because all of the loan parts associated with my ISA needed to be sold first. Based on my previous experience of selling these loans it was clear that it was going to take months and my money would be languishing in their holding account in the meantime. I also had concerns whether this company might even go bust in the meantime, so instead I withdrew the funds to my bank account and then opened a new account with Vanguard.

In doing this I’ve lost my ISA tax wrapper, which seems rather unfair considering that this company was clearly frustrating process of releasing my investment. As I’ve already used my ISA allowance for this year I cannot (legally) invest these funds in a new ISA. However, I would like to know if there are any regulations in place to protect investors in my situation?

Many thanks in advance for any helpful suggestions.
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Comments

  • eskbanker
    eskbanker Posts: 30,820 Forumite
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    edited 27 November 2019 at 4:05PM
    ISA transfers between different types can only be carried out in cash so you can only move money from an IFISA if it's in liquid cash form. Many ISA transfers can be carried out on a partial basis without needing to move everything but that's not a universal position, so if your ISA manager didn't permit this then that's their prerogative to do so.

    Transfers need to be initiated by the receiving provider, i.e. Vanguard in this case - it's not clear if that's 'the company' you refer to but in any case, it's a done deal now if you've chosen to withdraw the money from its ISA wrapper to lose its tax-free status, as this is irreversible (except for a self-transfer option applicable only to cash ISAs)*.

    If it's any consolation (unlikely) you're far from alone in finding that liquidity of P2P investments isn't what you expected it to be - if you actually have evidence that the company concerned was actively frustrating your attempts to release your investment then you might have some sort of case against them though?

    * Edit: if the IFISA is a flexible one then you can return the funds to it temporarily ahead of a transfer if you're prepared to accept the risk of the company failing, leaving this until later in the tax year if you like.
  • eskbanker wrote: »
    ISA transfers between different types can only be carried out in cash so you can only move money from an IFISA if it's in liquid cash form. Many ISA transfers can be carried out on a partial basis without needing to move everything but that's not a universal position, so if your ISA manager didn't permit this then that's their prerogative to do so.

    Transfers need to be initiated by the receiving provider, i.e. Vanguard in this case - it's not clear if that's 'the company' you refer to but in any case, it's a done deal now if you've chosen to withdraw the money from its ISA wrapper to lose its tax-free status, as this is irreversible (except for a self-transfer option applicable only to cash ISAs).

    If it's any consolation (unlikely) you're far from alone in finding that liquidity of P2P investments isn't what you expected it to be - if you actually have evidence that the company concerned was actively frustrating your attempts to release your investment then you might have some sort of case against them though?

    Thank you for your reply and clarifying the situation. I already had £19k in cash (the remaining loan parts were about £2k), which is the amount they refused to transfer to the Vanguard ISA. I had to wait almost 5 months for the remaining loan parts to sell, so I think I made the right decision - it’s just frustrating to have lost a tax advantage.

    No, Vanguard weren’t the company I had a problem with. It was the P2P company who’ve had a lot of negative publicity recently regarding investors been unable to withdraw their funds – that should make it pretty obvious. If I’m not mistaken, I could now add funds back into my ISA with them and request the ISA transfer, but I do not want to run the risk of them reinvesting my funds into loans.

    Once bitten twice shy!
  • masonic
    masonic Posts: 23,213 Forumite
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    There are really no reasonable grounds for refusal to transfer an IF ISA that contains unsold loan parts, especially if there are no contributions from the current tax year. Some providers will transfer all of the cash held within the IF ISA and proceeds of any loan parts that can be immediately sold, followed by periodic transfers of income and returned capital for up to a year. After a year, anything remaining would be paid out to you once liquidated and would lose their ISA status, but this is usually preferable to not transferring at all, or initiating multiple partial transfers.

    I'd say there are grounds for complaint against your IF ISA provider, you should name them because others would benefit from knowing. Saying it is the one with negative publicity about investors not being able to withdraw their funds doesn't really narrow it down - it could be Lendy, FundingSecure (both now in administration), MoneyThing, Funding Circle or a number of others.

    If you withdrew the ~£19k during this tax year, then it would not be too late to replace it and transfer what's left in the IF ISA to Vanguard. Again, knowing the provider would make it easier to understand whether there is any appreciable risk in doing so.
  • masonic wrote: »
    There are really no reasonable grounds for refusal to transfer an IF ISA that contains unsold loan parts, especially if there are no contributions from the current tax year...

    I'd say there are grounds for complaint against your IF ISA provider, you should name them because others would benefit from knowing...

    If you withdrew the ~£19k during this tax year, then it would not be too late to replace it and transfer what's left in the IF ISA to Vanguard. Again, knowing the provider would make it easier to understand whether there is any appreciable risk in doing so.

    Dear Masonic, thanks for your reply.

    The P2P company in question is Funding Circle. I avoided naming them in the first instance because I am looking to find a solution rather than have a moan, although I can honestly say that my experience so far has not been great.

    I thought as you did that there was no reason why the readily-available funds could not be transferred, but in the previous post eskbanker stated that this was the prerogative of the ISA manager, and down to their company policy. Please see the email I received from FC regarding this...

    I am contacting you today in regards to your ISA transfer out request.

    I have had a look into your Funding Circle ISA account and I can see that you still have available loan parts which you are able to sell. Before we can initiate the transfer out request, all available loan parts must be sold.

    To sell your loan parts, click on the 'Sell' tab on your account and enter the monetary amount you'd like to sell.

    Once sold, we can then proceed with the transfer out request. Please let me know if I can assist any further.


    If I was 100% certain I could transfer funds back into my Funding Circle holding account without them reinvesting in loans, then I would do so. However, FC has now changed their policy regarding the sale of loan parts and I believe it will now take years until they can all be sold, or until the loans are fully paid off, or written off.
  • soulsaver
    soulsaver Posts: 5,950 Forumite
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    Regarding the possibility of replacing the funds temporarily before the end of the tax year:

    What would happen if your P2P platform went belly up while the prior year flexible IF ISA funds were in your hands rather than in your P2P ISA account?

    Would HMRC allow you the ISA availability else where?
  • I don't know, although I'm thinking it might be a good idea for me to contact HMRC - maybe they can provide some answers?
  • masonic
    masonic Posts: 23,213 Forumite
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    Dear Masonic, thanks for your reply.

    The P2P company in question is Funding Circle. I avoided naming them in the first instance because I am looking to find a solution rather than have a moan, although I can honestly say that my experience so far has not been great.

    I thought as you did that there was no reason why the readily-available funds could not be transferred, but in the previous post eskbanker stated that this was the prerogative of the ISA manager, and down to their company policy. Please see the email I received from FC regarding this...

    I am contacting you today in regards to your ISA transfer out request.

    I have had a look into your Funding Circle ISA account and I can see that you still have available loan parts which you are able to sell. Before we can initiate the transfer out request, all available loan parts must be sold.

    To sell your loan parts, click on the 'Sell' tab on your account and enter the monetary amount you'd like to sell.

    Once sold, we can then proceed with the transfer out request. Please let me know if I can assist any further.


    If I was 100% certain I could transfer funds back into my Funding Circle holding account without them reinvesting in loans, then I would do so. However, FC has now changed their policy regarding the sale of loan parts and I believe it will now take years until they can all be sold, or until the loans are fully paid off, or written off.
    Their own T&Cs state:

    "31.3 You may request that your Funding Circle ISA be transferred to another ISA Manager who is willing to accept it without the loss of the tax exemption under the ISA Regulations. Subject to clause 31.5, you can transfer:

    in respect of the current tax year, the whole (but not part only) of the current year’s subscriptions to your Funding Circle ISA; and
    in respect of previous tax years, the whole or part of any previous years’ subscriptions."


    So they permit partial transfer of money paid in during previous tax years. Therefore, you should not have been denied the option of transferring your cash balance across to Vanguard.
  • masonic
    masonic Posts: 23,213 Forumite
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    soulsaver wrote: »
    Regarding the possibility of replacing the funds temporarily before the end of the tax year:

    What would happen if your P2P platform went belly up while the prior year flexible IF ISA funds were in your hands rather than in your P2P ISA account?

    Would HMRC allow you the ISA availability else where?
    If you have made flexible withdrawals from an IF ISA and the provider goes bust, then nobody knows what would happen - it is uncharted territory (also the FS default could throw up some precedent as it progresses). Either, HMRC could allow flexible withdrawals to be included in the balance in the ISA Reinstatement Certificates issued to ISA holders, or it could not.

    The second question is easy to answer: money flexibly withdrawn from previous tax years cannot be replaced elsewhere and cannot be replaced at all if the ISA in question is transferred to another provider.
  • soulsaver
    soulsaver Posts: 5,950 Forumite
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    masonic wrote: »
    If you have made flexible withdrawals from an IF ISA and the provider goes bust, then nobody knows what would happen - it is uncharted territory (also the FS default could throw up some precedent as it progresses). Either, HMRC could allow flexible withdrawals to be included in the balance in the ISA Reinstatement Certificates issued to ISA holders, or it could not.

    The second question is easy to answer: money flexibly withdrawn from previous tax years cannot be replaced elsewhere and cannot be replaced at all if the ISA in question is transferred to another provider.

    Thanks. Have none of the P2P casualties been IF ISA providers? Or they haven't gone completely 'bust'?
  • masonic
    masonic Posts: 23,213 Forumite
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    soulsaver wrote: »
    Thanks. Have none of the P2P casualties been IF ISA providers? Or they haven't gone completely 'bust'?
    Both FundingSecure and Lendy were IF ISA providers. I don't know much about what is going on with Lendy, but I hold an IF ISA with FundingSecure (no flexibly withdrawn subscriptions, and fortunately I'd been regularly transferring out cash as and when anything was recovered from by defaulted loans). I'm aware of one or two individuals who had flexibly withdrawn from their FS IF ISA, but it's early days to know what the outcome will be there.
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