call us

0203 0053255

Interest Rate Swaps

What are Interest Rate Swaps?

A large number of small and medium enterprises (SMEs) have been mis-sold complex interest rate swap derivatives when taking out a loan - they were given the option to "swap" a variable rate interest for a fixed rate of interest. These hedging products were sold on the basis of a rising market and were supposed to protect SMEs from increases in interest rates - i.e. If the interest rate rose, the SME was able to have a fixed rate to benefit from lower repayments.

In essence this means that should interest rates increase above the fixed rate agreed by the SME, the lender is responsible to pay for the difference. However, if interest rates fall below the fixed rate, the SME is required to make up the difference.

In many cases, lenders failed to provide a full explanation of the risks that are associated with interest rate swaps and could be responsible for mis-selling these complex products. This means that in the current financial climate, SMEs are not able to benefit from the low Bank of England base rate and are in addition, liable for the cost of the swap.

An estimated 40,000 SMEs could have been mis-sold interest swaps although many industry experts predict that the real figure is more than double this.

The Financial Conduct Authority has confirmed that Barclays, HSBC, Lloyds and RBS must review in full, the sales they made of interest rate swaps to SMEs. We are still waiting to understand what will be "fair and reasonable" redress and for the FCA to set timescales.

Reclaim Specialists is dedicated to helping all SMEs affected by interest rate swap mis selling. If required, we will seek expert advice at no cost to yourself.

Mis-sold Interest Rate Swaps

Unfortunately, many companies have been mis-sold interest rate swaps by their lenders. Interest rate swaps were mis-sold in many ways and if any of the circumstances set out below are similar to yours, then you may have a claim.

  1. Failure to explain - lenders did not clearly and fully explain the what the financial implication of the product was in the even that interest rates fell.
  2. Exit Fees - SMEs were not made aware of the hefty exit fees, sometime equalling 50% of the loan amount.
  3. Lender termination rights - lenders had the ability to terminate the loan at any time without having to pay any compensation. SMEs were not aware of this significant right.
  4. Undue pressure - SMEs were often put under immense pressure or given incorrect information about the requirements of the swap - for example, they may have been told that it is a condition of the loan.

Could you have a claim?

If any of the circumstances above sound familiar to you, you may have a claim for mis-sold Interest rate swaps.

Lenders selling the interest rate swap had an obligation to ensure that:

  • The product was suitable and appropriate for you.
  • The risks involved in the product were fully disclosed and explained to you.
  • You completely understood the product which you were sold.

We will gather all the information relating to your complaint and once we have reviewed and assessed it, we will let you know what your options are, including presenting your complaint to the Financial Ombudman Service and/or litigation and give you our recommendation.

What can I do to reclaim mis-sold interest rate swaps?

You are only going to get one chance to get it back, so it's important that you put your best foot forward. You can either, claim on your own or you can use an expert like Reclaim Specialists to help. We can't guarantee a pay-out for you or get more money than you would if you claim on your own, or that we can handle the claim faster.

What we can guarantee is a professional, straight forward, honest service which is hassle free for you. To see more about who we are, click here. For our contact details, click here .