shimself
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Post by shimself on Mar 4, 2018 19:22:19 GMT
Re FSCS, I believe masonic has the two major instances above. Re client accounts - these must be audited as fca requirement (even if the p2p co itself does not require audit as a small company). On the way in, investors are checked for kyc/aml to make sure they're authentic and those monies can only be transferred out to a linked account. So the safeguards are that we pay direct to a segregated bank account for clients (ie it is not the p2p own co account) that could not be emptied out to the directors' or co account. This is a precondition of authorisation and is externally audited. ... So there are safeguards and there are external checks/evidence but if someone really wanted to commit fraud then possibly no regulator could stop that. We would still have legal charges on assets and they should not have emptied the remote client account (without insider bank fraud) so it would be unsecured creditors most at risk. In the hypothesis that the directors are proper criminals and intending to spend the rest of their days in South America, then I think it would be pretty easy to fake transactions sufficiently to get a lot of money out of the client accounts into eg spoof ventures before cutting and running
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elliotn
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Post by elliotn on Mar 5, 2018 9:01:53 GMT
So you could say we have a similar level of protection to other financial platforms such as share trading platforms? If I invest on a share dealing platform, but my money is never put into a client account and instead goes towards the purchase of a new yacht of the Directors, I'm don't have any recourse to any compensation? Even though the FCA has said the company is fully authorised and regulated ? I wonder if compulsory insurance against fraud would be a good idea. The risk (and thus the premiums) much surely be low for such a thing? Hopefully the director/yatch scenario is not possible for p2p as we pay directly into the client account not the co account via our payee deposit details with a reference identifying them as ours and there are restrictions on how client funds can be taken out ie it couldn’t be emptied into the co or dir account.
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registerme
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Post by registerme on Mar 5, 2018 9:27:50 GMT
Even though the FCA has said the company is fully authorised and regulated ? The FCA is a regulator, it does not run a compensation scheme. It does not manage the FSCS, which is a separate body and as previously discussed does not cover P2P lending(*). FCA - www.fca.org.uk/FSCS - www.fscs.org.uk/what-we-cover/questions-and-answers/* Various minor edge cases might exist in some circumstances eg client money accounts protected from the failure of the bank they are held with (but up to 85k?), but in the main if you assume you have no formal statutory compensation scheme in place you're on the right lines.
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bigfoot12
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Post by bigfoot12 on Mar 5, 2018 9:28:45 GMT
Hopefully the director/yatch scenario is not possible for p2p as we pay directly into the client account not the co account via our payee deposit details with a reference identifying them as ours and there are restrictions on how client funds can be taken out ie it couldn’t be emptied into the co or dir account. Hope in vain. We must be thankful that most people and platforms don't seem to be fraudulent because what you suggest provides no protection. These rules make clear what is and isn't allowed and what might be criminal, but a fake loan could easily be made and paid out to family members, or themselves. It could be many months or even years before a problem would be detected. One platform has lent money to a director without any suggestion of impropriety. Another platform lends money to related entities.
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jlend
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Post by jlend on Mar 5, 2018 9:35:58 GMT
Hopefully the director/yatch scenario is not possible for p2p as we pay directly into the client account not the co account via our payee deposit details with a reference identifying them as ours and there are restrictions on how client funds can be taken out ie it couldn’t be emptied into the co or dir account. Hope in vain. We must be thankful that most people and platforms don't seem to be fraudulent because what you suggest provides no protection. These rules make clear what is and isn't allowed and what might be criminal, but a fake loan could easily be made and paid out to family members, or themselves. It could be many months or even years before a problem would be detected. One platform has lent money to a director without any suggestion of impropriety. Another platform lends money to related entities. Yep. Even the big financial companies get caught out sometimes. Of course this one is not p2p related. www.moneymarketing.co.uk/former-sjp-adviser-jailed-gambling-clients-money/I must say I am not loosing sleep over this risk compared to other risks with p2p....
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jlend
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Post by jlend on Mar 5, 2018 11:02:48 GMT
So you could say we have a similar level of protection to other financial platforms such as share trading platforms? If I invest on a share dealing platform, but my money is never put into a client account and instead goes towards the purchase of a new yacht of the Directors, I'm don't have any recourse to any compensation? Even though the FCA has said the company is fully authorised and regulated ? I wonder if compulsory insurance against fraud would be a good idea. The risk (and thus the premiums) much surely be low for such a thing? Hopefully the director/yatch scenario is not possible for p2p as we pay directly into the client account not the co account via our payee deposit details with a reference identifying them as ours and there are restrictions on how client funds can be taken out ie it couldn’t be emptied into the co or dir account. +1 Yep. I would also hope payments we make go directly to a client money account and not via a company account even though fca rules allow this for a short period. It just makes sense to reduce risk for everyone where it is practical. I would also hope all the platforms formally reconcile the client money account every working day, even though the fca minimum is longer than this. Again it reduces risk for everyone. I am sure all platforms have strong processes in place around this. No compliance officer would want to expose themselves. I am sure platforms do all they can to minimise the risk.
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mason
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Post by mason on Mar 5, 2018 19:21:44 GMT
So you could say we have a similar level of protection to other financial platforms such as share trading platforms? If I invest on a share dealing platform, but my money is never put into a client account and instead goes towards the purchase of a new yacht of the Directors, I'm don't have any recourse to any compensation? Even though the FCA has said the company is fully authorised and regulated ? I wonder if compulsory insurance against fraud would be a good idea. The risk (and thus the premiums) much surely be low for such a thing? My understanding is that fraud by my FCA authorised stockbroker in a situation where it subsequently went bust would entitle me to make a claim to the FSCS. P2P firms are not covered by the scheme, but conventional investment firms are, as are financial advisers and consumer banks. In some respects the FSCS *is* the insurance policy, since all members of the scheme pay into it - that's how it's funded.
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michaelc
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Post by michaelc on Mar 5, 2018 19:33:59 GMT
So you could say we have a similar level of protection to other financial platforms such as share trading platforms? If I invest on a share dealing platform, but my money is never put into a client account and instead goes towards the purchase of a new yacht of the Directors, I'm don't have any recourse to any compensation? Even though the FCA has said the company is fully authorised and regulated ? I wonder if compulsory insurance against fraud would be a good idea. The risk (and thus the premiums) much surely be low for such a thing? My understanding is that fraud by my FCA authorised stockbroker in a situation where it subsequently went bust would entitle me to make a claim to the FSCS. P2P firms are not covered by the scheme, but conventional investment firms are, as are financial advisers and consumer banks. In some respects the FSCS *is* the insurance policy, since all members of the scheme pay into it - that's how it's funded. Seems like quite a discrepancy to me. Thanks for pointing that out. God knows why money passing though a small and dodgy stockbroker (if one exists) should be any safer than that going through a p2p platform or indeed any FCA authorised platform. Obviously the underlying assets shouldn't be protected but organisations allowed to take people's money and that are subject to regulation should. I'm embarrassed to say I didn't realise that isn't the case already and I think I will make some adjustments to my portfolio.
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mason
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Post by mason on Mar 5, 2018 19:45:45 GMT
My understanding is that fraud by my FCA authorised stockbroker in a situation where it subsequently went bust would entitle me to make a claim to the FSCS. P2P firms are not covered by the scheme, but conventional investment firms are, as are financial advisers and consumer banks. In some respects the FSCS *is* the insurance policy, since all members of the scheme pay into it - that's how it's funded. Seems like quite a discrepancy to me. Thanks for pointing that out. God knows why money passing though a small and dodgy stockbroker (if one exists) should be any safer than that going through a p2p platform or indeed any FCA authorised platform. Obviously the underlying assets shouldn't be protected but organisations allowed to take people's money and that are subject to regulation should. I'm embarrassed to say I didn't realise that isn't the case already and I think I will make some adjustments to my portfolio. P2P is new. It's entirely possible that it will gain the same sort of protections as investing in shares in the future, but it does not enjoy those protections yet. That's one reason why the conventional wisdom is to limit yourself to about 10% of your investable assets in P2P, spread around multiple platforms to limit the risk if any of them should fail.
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shimself
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Post by shimself on Mar 5, 2018 20:08:21 GMT
...... That's one reason why the conventional wisdom is to limit yourself to about 10% of your investable assets in P2P, spread around multiple platforms to limit the risk if any of them should fail. I can't see the logic in that. It assumes the sort of correlation that many p2p outfits are villains. Why would you think that stockmarket is less prone to losing money?
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michaelc
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Post by michaelc on Mar 5, 2018 20:41:20 GMT
...... That's one reason why the conventional wisdom is to limit yourself to about 10% of your investable assets in P2P, spread around multiple platforms to limit the risk if any of them should fail. I can't see the logic in that. It assumes the sort of correlation that many p2p outfits are villains. Why would you think that stockmarket is less prone to losing money? It isn't but apparently money held by trading platforms is virtually 100% safe (up to 85K at any rate).
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mason
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Post by mason on Mar 5, 2018 20:50:39 GMT
...... That's one reason why the conventional wisdom is to limit yourself to about 10% of your investable assets in P2P, spread around multiple platforms to limit the risk if any of them should fail. I can't see the logic in that. It assumes the sort of correlation that many p2p outfits are villains. Why would you think that stockmarket is less prone to losing money? It's largely an untested asset class. There's very limited data as to its performance under the full range of economic headwinds. Regulation is more lax than with other investment companies, so even if P2P outfits aren't villains, they can put investors at risk with the best of intentions. Not to mention their agents, such as those valuing the loan security. As discussed above, safeguards we normally expect are not present. I don't think the stockmarket is less prone to losing money. However, over a very long historical period encompassing a multitude of economic circumstances, it can be said that with a long enough time horizon a diversified investment portfolio has always recovered from a stockmarket crash. In other words, the main risk is the sequence of returns risk, which can be mitigated through asset allocation albeit at the expense of returns - and there is a wealth of historical data to use for modelling and backtesting. That's not to say that someone with specialist knowledge in the area couldn't cherry pick P2P investments where the rewards greatly outweigh the risks.There's plenty of evidence that some posters here are much better informed than the average punter and I'd expect them to have a larger allocation than the rule of thumb I mentioned above (which was not something I came up with myself).
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bigfoot12
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Post by bigfoot12 on Mar 6, 2018 9:21:25 GMT
It isn't but apparently money held by trading platforms is virtually 100% safe (up to 85K at any rate). I think that the maximum FSCS compensation for investments is £50k. Edit checked on 06/03/18 on FSCS
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registerme
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Post by registerme on Mar 6, 2018 9:38:43 GMT
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bigfoot12
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Post by bigfoot12 on Mar 6, 2018 9:46:44 GMT
I don't think I am I have just checked. This is for investments not deposits.
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