mikes1531
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Post by mikes1531 on Feb 26, 2016 18:38:08 GMT
I realise this is being pedantic, but I do wonder if AC read their email before it was sent. It says... ... but, of course, there are no options provided below. I must give AC credit, however, for including the voting deadline in the email, so that we can refer back to that easily without having to click on the Survey Monkey link.
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mikes1531
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Post by mikes1531 on Mar 2, 2016 6:04:07 GMT
I am not happy with the stucture of the vote. There are two options to extend (A and B) plus option C to demand repayment. What happens if 30% of those voting choose A, 30% choose B, and 40% choose C? A clear majority will have chosen to extend but will C win? In that scenario, maybe an amalgamation of A and B could be considered at 11.5%? Preferably clearing outstanding principle first. Unfortunately not. In an answer to a question in the Q&A AC have made it clear that in the 30/30/40 scenario described Option C would be declared the winner. That seems rather unreasonable to me, but that's JMHO. Another thing AC said that really boggled my mind was in response to a question regarding what would happen to the SM trading situation under each of the Options. They said "...we will not be detailing the position regarding suspension of the loan as part of the vote as this should have no bearing on the decision." Are they really suggesting that lenders shouldn't consider that major impact when deciding how to vote? Even after having read the Q&A I'm afraid I'm still totally confused about the difference between Options A&B, particularly since Option B seems to have a lower interest rate, less amortisation, and higher payments, yet it still takes longer to clear the arrears. Someone thought it would make no difference to the borrower if their payments were classified as principal or interest and asked AC whether that was correct. AC's response was an extremely unhelpful "We cannot offer tax advice to lenders." I didn't think the lender asking the question was asking for tax advice, but what do I know? ISTM that it would make a difference to the borrower because interest payments ought to be a business expense that would reduce their income and therefore their tax liability -- or increase their loss to carry forward -- whereas a capital payment would have no effect on their income. But I'm not qualified to comment on such matters, so it's just a layman's opinion. The questioner went on to ask "Actually, would it not be clearer if for both options A & B you provided a repayment schedule broken into the capital and interest components so each lender can see clearly how he/she might be affected? My vote will depend on your answers." And AC's reply to that was a rather disappointing "Given there are arrears outstanding it is not practical to provide a repayment schedule..." which left me wondering how AC could manage the loan if they can't produce a repayment schedule. AC also went on to say "Given the site does not support the compounding of interest ... it is not currently the intention to charge interest on outstanding interest." And that struck me -- again as someone unqualified to comment -- as possibly the most significant difference between payments being classified as interest vs. principal. If they're classified as interest, then the capital remains outstanding and accruing more interest. If they're classified as principal, then each monthly payment means less capital outstanding and less interest accrues the next month. If the loan were to carry on long enough, the principal balance would be reduced to nil and there'd be no more interest accruing. Total payments to lenders under that scenario -- which I guess is Option A -- would be significantly less than if payments were treated as interest. I suspect that's all the result of not charging interest on the ever-increasing interest remaining to be paid while the capital is being paid down. Maybe it's just me, but with the consequences of the A&B Options being as unclear as they are I really don't know how AC's investors are going to decide how to vote. Does that mean there will be a significant 'no vote' count? I haven't a clue. But I'm going to guess that there will be more votes for A&B combined than for C, but that there will be more votes for C than either A or B, so AC will have to call in the receivers despite the majority of the vote having been against that option.
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SteveT
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Post by SteveT on Mar 2, 2016 6:46:05 GMT
I have to agree with you that the voting arrangements (and supporting information) have not been structured at all well. There should have been a clear decision between restructuring the loan or calling it in, and then (if there were options) a separate choice between restructuring alternatives. andrewholgate , it is not too late (especially given how long the issue has been going on) for you to step in and put this right. Once the results are announced, the die will be cast...
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Post by andrewholgate on Mar 2, 2016 7:46:11 GMT
Vote will be paused.
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Post by chielamangus on Mar 2, 2016 9:01:14 GMT
I have voted B which seems to offer both the borrower something and the lender. Option A seems to return less to the lender though every individual will be affected differently. I take mikes1531 point about the tax treatment for the borrower of the different classifications, and admit to not having considered that before. I wonder whether the borrower was consulted on these options ... But I agree with most of the comments here - it's all a bit of a dog's breakfast, not clear at all, and we could end up with a perverse result. Am I alone in thinking AC's replies on the Q&A generally (not just this loan) are getting increasingly stroppy/pompous/opaque?
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skippyonspeed
Some people think I'm a little bit crazy, but I know my mind's not hazy
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Post by skippyonspeed on Mar 2, 2016 10:24:41 GMT
Perhaps there should possibly be two votes, the first to decide whether to extend or not, then if extension is decided, a 2nd vote as to the terms
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Post by pepperpot on Mar 2, 2016 10:27:24 GMT
A double layered vote might suffice;
A. Agree a restructure B. Call in receivers
if A. Aa. 12% option, all capital first, interest later. Ab. 11% option, amortising (10/15yr profile?) once capital arrears cleared.
It's down to how the votes are counted, as long as A+B are weighted against C the original vote could continue. (Or do I need more coffee?)
edit; crossed with skippy.
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oldgrumpy
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Post by oldgrumpy on Mar 2, 2016 10:31:06 GMT
Pepps, that looks like an ideal way forward without needing reworded options. However, I think the existing vote will have to be scrapped, and e re-vote carried out.
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skippyonspeed
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Post by skippyonspeed on Mar 2, 2016 10:45:13 GMT
A double layered vote might suffice; A. Agree a restructure B. Call in receivers if A. Aa. 12% option, all capital first, interest later. Ab. 11% option, amortising (10/15yr profile?) once capital arrears cleared. It's down to how the votes are counted, as long as A+B are weighted against C the original vote could continue. (Or do I need more coffee?) edit; crossed with skippy. As long as those who vote B also are able to vote on terms as well.
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agent69
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Post by agent69 on Mar 2, 2016 13:06:37 GMT
A double layered vote might suffice; A. Agree a restructure B. Call in receivers if A. Aa. 12% option, all capital first, interest later. Ab. 11% option, amortising (10/15yr profile?) once capital arrears cleared. It's down to how the votes are counted, as long as A+B are weighted against C the original vote could continue. (Or do I need more coffee?) edit; crossed with skippy. Say I am happy with the restructure at 12%, but very unhappy with restructure at 11% (to the extent that I would rather appoint receivers than accept 11%). Which way do I vote?
As an alternative there could be a multi phase vote, first do you accept the 12% restructure (if the vote is no then) do you accept a 11% restructure. If that gets voted down as well then bring in the receivers.
I feel a PR solution coming on, with a single transferable vote. I wonder if the IT system could cope with that?
Where are the Lib Dems when you need them?
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Post by andrewholgate on Mar 2, 2016 13:42:11 GMT
First point, option C isn't winning at present. If it doesn't when the vote closes we will honour the result of the vote. In future, we will give two options; extend or appoint. If extend wins we will look at a further vote on capital interest preferences. I do plan on issuing something more on this soon.
Secondly, the way the vote works is £ value. One lender may hold 51% of the loan. Their vote becomes the casting vote even if there are 1000 lenders holding the remaining 49% of the loan and they vote for the exact opposite. That is the way of the vote system.
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ianj
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Post by ianj on Mar 2, 2016 14:35:46 GMT
First point, option C isn't winning at present. If it doesn't when the vote closes we will honour the result of the vote. In future, we will give two options; extend or appoint. If extend wins we will look at a further vote on capital interest preferences. You stated earlier that the vote was paused. Some lenders may well have decided to postpone casting their vote as a result. This latest statement implies (to me at least), but fails to state explicitly, that the deadline remains unchanged, ie the vote is now 'unpaused'. What it does make clear is that the very rational expressions of doubt as to the 'fairness' of the stated vote mechanism are going to be ignored, at least for now. Is it likely that the 'something more' might influence a lenders voting preference? Should the undecided hang fire for now? Clarity please.
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skippyonspeed
Some people think I'm a little bit crazy, but I know my mind's not hazy
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Post by skippyonspeed on Mar 2, 2016 14:39:19 GMT
First point, option C isn't winning at present. If it doesn't when the vote closes we will honour the result of the vote. In future, we will give two options; extend or appoint. If extend wins we will look at a further vote on capital interest preferences. I do plan on issuing something more on this soon. Secondly, the way the vote works is £ value. One lender may hold 51% of the loan. Their vote becomes the casting vote even if there are 1000 lenders holding the remaining 49% of the loan and they vote for the exact opposite. That is the way of the vote system. I am not happy that you announced that option C isn't winning before the deadline.........could this influence the final outcome in some way?
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ilmoro
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'Wondering which of the bu***rs to blame, and watching for pigs on the wing.' - Pink Floyd
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Post by ilmoro on Mar 2, 2016 15:11:56 GMT
andrewholgate Do you think some update to this effect should be provided on the website, possibly even by email, to notify all the lenders who dont frequent this restricted forum?
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ianj
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Post by ianj on Mar 2, 2016 16:27:59 GMT
First point, option C isn't winning at present. If it doesn't when the vote closes we will honour the result of the vote. So, andrewholgate , are you saying that if Option C does win you will not honour the result, or would that only apply if C wins, but with less than 50% of the vote?
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