If I was FCC lending Big the money, I would definitely wanted to review the agreements Big sent to customers, to make sure I could rely on it when Big claimed it had a commitment from the customer.
There seems to be a legitimate debt here, even if it was only on paper between FCC and Big.
So my question is, will one of the insolvency experts involved in BRTV be writing letters to anyone who clicked to digitally accept a deal? What happens if that digital acceptance was for an agreement that was materially different to what was described over the phone? How many customers actually read the agreement?
This may have a lot longer to play out if the administrators or whoever FCC sold the debt to, goes after the small business customers. As far as I can see that is where the money trail stops.
I originally thought that perhaps FCC were at arms length to this and whilst retaining the security of their cash, didn't really check what was going on with Big.
But wouldn't there have to be agreements from FCC that comply with various consumer and competition laws? What about credit laws?
Unless someone really dropped the ball at FCC, I can't see how they would not have known what the sales techniques were at Big, including the sales spiel and the content of the agreement that would be signed by the customer to trigger an event at FCC.
And FCC still has cash, so maybe they need to answer some questions. Also, administrators have the ability to claw back payments made before insolvency. FCC will find it very difficult to argue it had no knowledge of Big's activities, especially as FCC would have been the only outsider to know that Big's public statements on cash were wrong.
FCC may have a difficult time in front of a judge, trying to explain why they shouldn't pay back any money they took out of the company, given they would reasonably have known what was going on.
It seems to me this has a lot longer to go and the feast is on for lawyers and administrators (when that eventually happens). Not sure any of the above helps shareholders.
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