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A significant legal battle is unfolding in the High Court as Azzurro Associates, owned by hedge fund giant Elliott Management, confronts challenges over its authority to pursue personal guarantees from small business directors who borrowed through the Funding Circle platform.
The case centres on two business directors contesting Azzurro’s right to enforce payment guarantees, despite the firm’s acquisition of loans from Funding Circle. An interim ruling has already suggested the guarantors have a “real prospect of success” in establishing that the money may not be payable to either Azzurro or Funding Circle due to alleged documentation and process irregularities.
Judge Terence Phillips highlighted potential issues with Funding Circle’s documentation, noting there was a “more than arguable case” regarding the legal assignments of underlying debts. The judge’s observations particularly focused on Funding Circle’s definition of “lender,” which could potentially limit guarantee enforcement to a narrow group of creditors, potentially excluding Azzurro.
The implications of this case could be far-reaching, with estimates suggesting Azzurro has acquired approximately 10,000 loans from Funding Circle, totalling roughly £500 million in face value. Neither Azzurro nor Funding Circle has confirmed these figures.
Funding Circle maintains its confidence in the enforceability of personal guarantees on its platform. Lisa Jacobs, the company’s chief executive, expressed strong conviction in their position, while Lucy Vernall, chief legal officer, emphasised that the validity of the loans and the existence of money owed under personal guarantees remain undisputed.
The case represents a critical test of loan assignment practices in the peer-to-peer lending sector and could establish important precedents for future debt acquisitions and enforcement actions. The trial’s outcome will be closely monitored by financial institutions and small business owners alike.
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