Moody's places several consumer finance loan ABS in Japan under review for possible downgrade
Tokyo, November 14, 2007 -- Following Credia's filing for civil rehabilitation proceedings,
overpaid interest risk has increased for consumer finance loan ABS transactions.
Moody's has placed under review for possible downgrade the ratings of
several consumer finance loan ABS in Japan, and will assess the
overpaid interest risk and tolerance levels for each ABS.
1. Published ratings placed under review at this time
Name of Trust: Eiwa Trust 2006
Seller / Servicer: Eiwa Co., Ltd.
Issue Date: March 31, 2006
(Program Size JPY 2,000,000,000) Senior Beneficial Interest
A due April 2013, rated Aa2, on review for possible downgrade
(Program Size JPY 6,000,000,000) Senior Beneficial Interest
B due April 2013, rated Aa2, on review for possible downgrade
(Program Size JPY 2,000,000,000) Mezzanine Beneficial
Interest due April 2013, rated A3, on review for possible
downgrade
Name of Trust: Eiwa Trust Series 4
Seller / Servicer: Eiwa Co., Ltd.
Issue Date: June 27, 2007
JPY 5,000,000,000 Senior Beneficial Interest due June
2011, rated A2, on review for possible downgrade
Name of Trust: Orient Credit Consumer Loan Receivables Trust
Seller / Servicer: Orient Credit Co., Ltd. (currently
NETCARD, Inc.)
Issue Date: January 31, 2005
JPY 4,000,000,000 Class B Senior Beneficiary Interest
due December 2012, rated Baa2, on review for possible downgrade
Issuer: Orient Funding II Special Purpose Company
Seller / Servicer: Orient Credit Co., Ltd. (currently
NETCARD, Inc.)
Issue Date: June 5, 2003
JPY 8,300,000,000 Floating Rate Secured Notes due June
2011, rated Aa3, on review for possible downgrade
Name of Trust: Kindai Trust 2005
Seller / Servicer: Kindai Inc.
Issue Date: May 25, 2005 (Senior), May 29, 2006
(Mezzanine)
JPY 8,000,000,000 Senior Beneficial Interest due May
2012, rated Aa2, on review for possible downgrade
JPY 1,800,000,000 Mezzanine Beneficial Interest due
May 2012, rated A1, on review for possible downgrade
Issuer: Sanwa Capital One Special Purpose Company
Seller / Servicer: Sanwa Finance Co., Ltd.
Issue Date: July 18, 2003
JPY 11,000,000,000 Series 1 Class A Floating Rate Specified
Notes (for Eligible Institutional Investors) due January 2012, rated
Aa2, on review for possible downgrade
Issuer: Sanwa Capital Genesis Special Purpose Company
Seller / Servicer: Sanwa Finance Co., Ltd.
Issue Date: May 31, 2005
USD 55,000,000 Class A1 Floating Rate Notes due November 2013,
rated Aa2, on review for possible downgrade
JPY 11,100,000,000 Class A2 Floating Rate Notes due
November 2013, rated Aa2, on review for possible downgrade
Issuer: Pier One Funding Special Purpose Company
Seller / Servicer: Eiwa Co., Ltd.
Issue Date: June 15, 2004
JPY 4,600,000,000 Series 1 Class A Specified Bonds due
April 2010, rated Aa2, on review for possible downgrade
Issuer: Pier Two Funding Special Purpose Company
Seller / Servicer: Eiwa Co., Ltd.
Issue Date: June 15, 2004
JPY 9,200,000,000 Series 1 Class A Specified Bonds due
March 2011, rated Aa2, on review for possible downgrade
Issuer: Pier Three Funding Special Purpose Company
Seller / Servicer: Eiwa Co., Ltd.
Issue Date: April 27, 2005
JPY 10,200,000,000 Series 1 Class A Specified Bonds
due January 2012, rated Aa2, on review for possible downgrade
Name of Trust: Vega
Issue Date: August 2, 2007
JPY 19,700,000,000 Class A Senior Beneficial Interest
due July 2018, rated A1, on review for possible downgrade
JPY 2,500,000,000 Class B Senior Beneficial Interest
due July 2018, rated Baa2, on review for possible downgrade
We continue the review for possible downgrade of the ratings of Pylos
Limited Secured Fixed Rate Notes and Pylos II Limited Secured Fixed Rate
Notes, which were placed under review for possible downgrade on
March 9, 2007.
2. Credia's filing for civil rehabilitation proceedings
On September 14, 2007, CREDIA CO., LTD.
("Credia") -- an originator of consumer finance loan ABS -
filed for civil rehabilitation proceedings. Currently, the
issue of claims for overpaid interest is likely to be handled in the rehabilitation
process. How the claims for overpaid interest will be treated under
the proceedings will command significant public attention, as this
issue is substantially pressuring the financial strength of the consumer
finance companies.
In addition, we need to pay attention to the proactive movements
taken by the solicitor associations.
a) Movements in Shizuoka Prefecture
For the purpose of providing all eligible borrowers who have overpaid
interest claims the opportunity to take part in the civil rehabilitation
proceedings, the Solicitor Association of Shizuoka Prefecture ("Shizuoka
Association") is requesting the Tokyo District Court the following:
- Re-calculation of principal for all loan obligors --
including those with outstanding debts, as well as those who have
already paid out all their debts -- using the maximum interest rate
under the Interest Rate Restriction Law, in order to assure opportunities
for all loan obligors to take part in the civil rehabilitation proceedings.
- Sending notification pursuant to Paragraph 2, Article 24
of the Money Lending Business Law, to obligors of loans that are
not currently held by Credia (i.e., borrowers of loans
transferred to a trust or special purpose vehicles for the purpose of
securitization).
- Disclosure of debt records at the request of loan obligors,
as well as the disclosure of the current owner of the loans (i.e.,
whether the loans are securitized or not).
- Extension of the deadline to register as creditor against Credia.
In addition, the Shizuoka Association is providing free telephone
consultation services for Credia's loan obligors, and is offering
advice to those who have overpaid interest claims. The Shizuoka
Association has sent inquiries to Credia and has disclosed the company's
responses on the Shizuoka Association's website. The information
garnered from the inquiries includes the number of borrowers by prefecture,
the number and amount of receivables entrusted for the purpose of securitization,
as well as the name of the owner of the loans and who should be responsible
for reimbursing any related overpaid interest.
b) Movement spreading out across the country
Through the Japan Federation of Solicitor Associations, the Shizuoka
Association has called for cooperation from similar associations around
the nation. In response, associations nationwide have jointly
set up a hotline for Credia's borrowers. The Japan Federation of
Solicitor Associations has expressed its intention to regard this collaboration
as a test case, which may help set up procedures to deal with any
other consumer finance company defaults that may ensue.
3. How Credia's filing for civil rehabilitation proceedings affects
Japanese consumer finance loan ABS
There are three important aspects to Credia's case in the light of consumer
finance loan ABS:
(1) The possibility that Credia's borrowers claiming refunds for overpaid
interests may make similar claims against other consumer finance companies.
(2) The possibility that borrowers who had not been interested in filing
claims for overpaid interest to be motivated to do so.
(3) The possibility of a cycle acceleration that a funding squeeze for
some of the consumer finance companies may lead to a tightening of their
credit policies, increasing the number of debt-workouts as
well as heightening the risk of claims for overpaid interest.
Credia's case has raised the risk of claims for refunds of overpaid interest
for all of the securitized pools of consumer finance loan ABS.
Moody's is paying careful attention to Credia's filing for civil rehabilitation
proceedings, as well as the ensuing social phenomena. At
the same time, Moody's is revisiting the risk of overpaid interest
claims for each of the underlying pools of the transactions placed under
review, and assessing each one's tolerance level. In addition
to the information currently available on the portfolios, we will
request for further data if necessary.
Moody's will publish a special report focusing on the overpaid interest
risk in ABS transactions shortly.
Moody's Investors Service is a publisher of rating opinions and research.
It is not involved in the offering or sale of any securities, nor
is it acting on behalf of the offering party. This release is not
a solicitation or a recommendation to buy, hold or sell securities.
Tokyo
Mitsuteru Masuoka
VP - Senior Credit Officer
Structured Finance Group
Moody's Japan K.K.
JOURNALISTS: (03) 5408-4110
SUBSCRIBERS: (03) 5408-4100
Tokyo
Shunsuke Ishihara
Managing Director
Structured Finance Group
Moody's Japan K.K.
JOURNALISTS: (03) 5408-4110
SUBSCRIBERS: (03) 5408-4100