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Post by twam on Sept 7, 2018 20:38:23 GMT
Yep, I don't see Lendy as a ponzi. I sense issues of fiduciary duty / application of the Trustee Act.
I sense mis-representations in the loan offers, being as they are financial promotions.
I sense a failure to properly balance the tension between Lendy's fee earning motives and proper regard for recovery of lenders capital and interest.
To get anywhere lenders must accurately describe the detriment they have suffered in regulatory and legal terms whether that be to FOS or the courts.
I have a feeling that unless some BIG recoveries are pulled out of the hat very soon, this forum will be of great assistance in helping lenders organise & it is organisation which gives us strength,
if lendy now say that they now work for us rather than lending the money them selves it's actually us that now own the property involved, what's to stop us taking back the property and marketing our selves and cutting out these bent b##t##d#.
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wuzimu
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Post by wuzimu on Sept 7, 2018 21:13:23 GMT
Lendy T&C's grant to themselves the exclusive right to make all the decisions / deal with the borrower etc.
That just sets them up as Trustee. Its the quality of the decisions Lendy make thats the potentially actionable issue.
The Fiduciary Duty of a Trustee is serious stuff and arguably it would be possible for the beneficiaries (us lenders) to eject the Trustee (Lendy) if it could be shown to a Court serious breaches of FD had occurred. Whatever LY T&C's say.
In practice it would require litigation for each loan by enough lenders to justify the expense of launching said litigation & I struggle to see that.
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webwizard
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Post by webwizard on Sept 8, 2018 5:44:07 GMT
Whilst I have a number of investments with Lendy that are not going anywhere and I sympathise with many of the sentiments expressed across this whole forum, the tone of some discussions is manifesting distress and anger.
For me, I have realised that I cannot do anything to change Lendy and whilst they say they listen the evidence of meaningful change is lacking.
There is of course one thing that I can do (as can others) and that is to invest and take business elsewhere. Such a market force will get Lendy's notice eventually.
As for my remaining £25k in Lendy, I think patience is my focus now, as I appreciate legal action against borrowers is going to take time and life is too short to get angry and frustrated too much.
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Post by loftankerman on Sept 8, 2018 8:14:56 GMT
It seems to me that if in future Lendy is the subject of some form of class legal action, those involved more recently would have good grounds for claiming that collusion between TP and Lendy was instrumental in preventing them from being warned away from investing and suffering losses as a result. The disparity between the cosy way in which reviews have been so promptly dismissed and TP's published assertion that reviews cannot be tampered with, seems reasonable evidence of that. I hope everyone involved is keeping the evidence of their short lived reviews.
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wuzimu
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Post by wuzimu on Sept 8, 2018 11:10:02 GMT
The blocked LY reviews have revealed the TP website is not the bastion of independent consumer rating TP may like people to think.
But I don't see a contractual or regulatory chain of causation linking TP to a disgruntled LY lenders situation.
A successful claim whether at FOS or Court needs to demonstrate a breach of regulatory or contractual obligation by the respondent that caused a loss for the claimant. If it is not possible to construct such an argument, there is no basis for a successful claim.
I am interested in canvassing opinion on the basis for claim , and I'm gonna start a new thread on it soon.
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Post by freedommmm on Sept 8, 2018 20:52:29 GMT
Hazellend - indeed, I got something a little wrong. The "non-performing" loans don't just go back over 600 days - they actually go back 725 days. I am sure that it makes you happy. Or does it just make the Lendy management happy until they go to court?
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Post by charliebrown on Sept 10, 2018 6:23:30 GMT
Let’s face it LY don’t give a damn about their investors and they never will.
i have even less faith that any regulatory body such as FCA will ever give a damn.
My only hope is that LY survive long enough to possibly recover some of my trapped capital. I pulled out what funds I could and stopped investing almost a year ago. I’ve seen very little capital recovered in that time.
I haven’t been monitoring whether all these additional tranches are being filled but I’d expect that a great majority of previously invested punters have also stopped investing. I also doubt any new investors would come on board once they take a glance at the defaults tab and capital lost tab.
In many respects, TP is not that important as it’s just opinions. Have you ever watched a movie with terrible reviews but actually enjoyed it? I know I have. The main thing here is when loggin in to LY website the facts are plain to see. The defaults tab doesn’t lie, the capital lost tab doesn’t lie and if people take the time to read through the updates for each loan they’re see a catalogue of lies and failed promises. LY are in effect their own worst review. They are their own 1 star “take your money elsewhere” review. They’ve tried to obfuscate some of the disasters by “suspending” them and hiding them but unfortunately a lot of them are plain to see.
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Post by loftankerman on Sept 10, 2018 6:40:06 GMT
Let’s face it LY don’t give a damn about their investors and they never will. i have even less faith that any regulatory body such as FCA will ever give a damn. My only hope is that LY survive long enough to possibly recover some of my trapped capital. I pulled out what funds I could and stopped investing almost a year ago. I’ve seen very little capital recovered in that time. I haven’t been monitoring whether all these additional tranches are being filled but I’d expect that a great majority of previously invested punters have also stopped investing. I also doubt any new investors would come on board once they take a glance at the defaults tab and capital lost tab. In many respects, TP is not that important as it’s just opinions. Have you ever watched a movie with terrible reviews but actually enjoyed it? I know I have. The main thing here is when loggin in to LY website the facts are plain to see. The defaults tab doesn’t lie, the capital lost tab doesn’t lie and if people take the time to read through the updates for each loan they’re see a catalogue of lies and failed promises. LY are in effect their own worst review. They are their own 1 star “take your money elsewhere” review. They’ve tried to obfuscate some of the disasters by “suspending” them and hiding them but unfortunately a lot of them are plain to see. So really, if we want our money back, we need them to redouble their efforts and lie better because right now they don't seem to be cutting it?
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wuzimu
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Post by wuzimu on Sept 10, 2018 9:49:28 GMT
LY business model makes money by marketing and filling loans.
LY business model spends money on monitoring of loans and efforts to recover defaulted loans.
Therefore to maximize profit in any trading year .....
you can expect management to spend more on attracting new borrowers and new lenders and
you can expect management to spend less on efforts to recover defaulted loans.
Apparently LY have been following this strategy for the last 2 years, resulting in the loan book we see today and trapped investor sentiment as guaged by TP reviews
The managements hubris has deluded them if they believe this is a sustainable business model.
Possibly the departed founder partner did not believe it.
Unfortunately the longer this goes on, the more consumer detriment will occur so I hope FCA steps in and an administrator is appointed to liquidate all the loans in a transparent way.
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Post by twam on Sept 10, 2018 10:13:59 GMT
LY business model makes money by marketing and filling loans.
LY business model spends money on monitoring of loans and efforts to recover defaulted loans.
Therefore to maximize profit in any trading year .....
you can expect management to spend more on attracting new borrowers and new lenders and
you can expect management to spend less on efforts to recover defaulted loans.
Apparently LY have been following this strategy for the last 2 years, resulting in the loan book we see today and trapped investor sentiment as guaged by TP reviews
The managements hubris has deluded them if they believe this is a sustainable business model.
Possibly the departed founder partner did not believe it.
Unfortunately the longer this goes on, the more consumer detriment will occur so I hope FCA steps in and an administrator is appointed to liquidate all the loans in a transparent way.
this can't happen fast enough.it must be before the other directors leave with as much cash as they can carry.
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ilmoro
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Post by ilmoro on Sept 10, 2018 11:04:35 GMT
LY business model makes money by marketing and filling loans.
LY business model spends money on monitoring of loans and efforts to recover defaulted loans.
Therefore to maximize profit in any trading year .....
you can expect management to spend more on attracting new borrowers and new lenders and
you can expect management to spend less on efforts to recover defaulted loans.
Apparently LY have been following this strategy for the last 2 years, resulting in the loan book we see today and trapped investor sentiment as guaged by TP reviews
The managements hubris has deluded them if they believe this is a sustainable business model.
Possibly the departed founder partner did not believe it.
Unfortunately the longer this goes on, the more consumer detriment will occur so I hope FCA steps in and an administrator is appointed to liquidate all the loans in a transparent way.
No hubris. They are well aware of it. They are putting a lot of effort into recovering loans is the impression I get but they havent realised that the other side of this is communicating these efforts much better to lenders ie full IMS, admin reports, even updates on legal proceedings if possible (see AC/Abl for what can be done here).
The problem is they expanded too big too quickly and just didnt have the people to stem the tidal wave of s**t that burst on them all at once, that was the hubris & arrogance, now they seem to have taken steps to address the issues with heavy duty hiring. Question is have they got a Hercules capable of diverting a river the flush out the stables?
As Ive said elsewhere there is some similarity to AC a while back, except AC figured it out faster and took the necessary steps, had a plan and a lot of innovation.
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invester
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Post by invester on Sept 10, 2018 11:29:28 GMT
In my view I think they have left it too late. Customer sentiment is against them and so are the finances. It seems that they have also given up pulling things on Trustpilot, that must be quite a demoralising job for whoever does that because I am sure they would understand the customer point of view.
Without an incredible turnaround I don't see profits this year... they have done something like £50m of loans so far but seems a lot of them would be tranches.
Would be fairly funny if they applied to Funding Circle for a loan to prop them up, sadly my prediction is by this time next year they would have run out of cash. If I was being totally unethical and owned Lendy the best exit route now would be to make sure the preferred creditors are aligned to their liking, wait for a big DFL to repay and then shut up shop.
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wuzimu
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Post by wuzimu on Sept 10, 2018 12:39:13 GMT
Re: recent 'heavy duty hires'. Must all be feeling like they turned up late to dinner party and existing management has just started on the after 8's
Stable door / horse bolted IMO
A case study of how to Fook up an amazing business oppurtunity
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Post by Paul70 on Sept 10, 2018 12:58:34 GMT
Dear all,
Some of the posts on this forum over the past few months show that as a business, we probably need to do a better job of explaining more clearly some of the work we do. Below, we’ve given some answers to some of the most common questions we’ve seen.
Perhaps even more importantly, we’re keen to communicate directly with investors. If you have questions or concerns and want to discuss them with us, please give us a call on 0800 779 7706, or email us at support@lendy.co.uk. Lendy team members can talk to you about your investments, individual loans, or where we’re up to on recoveries. Whilst me might not be able to answer all your questions to your satisfaction we will try our best.
I have an overdue loan – what are you doing about it?
We have added a lot more personnel and resource to the team dealing with overdue loans in the past 12 months. These new hires mean that the recovery team is working harder than ever to secure repayments on those loans that are overdue.
Nobody wants their money tied up in any overdue loan – we recognise that.
Where we feel that the best chance of recovering investors’ money is by calling in the loan then this a course of action that we are vigorously pursuing. However, the UK court system does not always work at the speed that we would like it to. You can be assured that we make it clear to the law firms that we instruct that investors’ interests are absolutely paramount.
Where appropriate, we will take legal action against borrowers, which may include enforcing personal guarantees, repossessing properties, and bankruptcy proceedings.
We’ve also made a big investment in our due diligence team and processes for new loans, to try to minimise the risk for investors in new loans that come on to the platform.
What is Lendy doing to help us avoid bad loans or to ensure bad loans do not get offered on the Lendy website?
The most important thing is that we have invested substantially in our due diligence process to ensure that we help to identify the best loans.
Whilst investors on the platform have to make their own decisions on loans, we can help by pre-screening out higher risk loans. Our loans now have to through a much more rigorous approval process and many loans we review get rejected long before they reach our platform.
We’ve also narrowed the group of independent valuers that we use as part of our effort to ensure valuations are reliable.
The valuation of the property my loan is secured on has been reduced – why is that?
The valuation reports that investors review are written by independent property valuers. All of these firms are members of the Royal Institution of Chartered Surveyors (RICS) and the valuation reports they produce must comply with the standards set by RICS.
We do not guide the valuers in the drafting of these valuation reports in any way. We want valuers to be impartial and we want them to be accurate in the valuations.
When it comes to selling a property sometimes the price achieved is less than the valuation. This may be because the local market conditions and demand for that kind of property has changed since the valuation was made. Demand for commercial property or development land, for example, can be much more volatile than for a residential property.
If we feel the valuer has no valid reason for the valuation changing then we will exclude them from the panel of valuers that we use.
In cases where we believe a valuer was negligent in valuing the property, we may sue the valuer for professional negligence however this process can take some time.
I want more information in loan updates - sometimes nothing seems to change from one loan update to the next.
We try to give our investors as much information as we can on loans, but often there are periods when there just isn’t any new information to provide. However, you can be assured that we now have a rigorous system in place to inform you of any material changes to a loan, borrower or security.
The only issue that might prevent us from telling you absolutely everything that happens on a loan is if we are forced to take legal proceedings against a borrower. In these cases we sometimes receive advice from external legal advisers to limit what we disclose so as not to risk waiving our legal privilege.
Repayment on some of Lendy’s loans is classed as ‘imminent’, but that has been the case for some weeks?
When this happens, it is almost always because there has been a temporary delay with a borrower – for example when a refinancing takes longer than expected. If there is a material change to the status of the loan, we will always provide this to investors. We are in constant contact with borrowers to try to move the repayment process along as quickly as possible.
Unfortunately progress within the commercial property market and within commercial property development can take much longer than in the residential market.
Refinancing can take some time to negotiate as can sales and planning applications. This means that delays are not unusual.
What due diligence does Lendy do on its loans?
Lendy has introduced had a five-stage due diligence process which we regularly. This consists of:
1. Initial due diligence: Our experienced business development managers carry out an extensive ‘know your customer’ (KYC) process when they first source a loan, including searches into the prospective borrower, credit and anti-money laundering screenings, and, in most cases, interviews with the borrower.
2. Legal panel: After the loan has passed the first stage it is then reviewed by a member of our legal panel. The panel is made up only of Top 100 law firms holding a minimum of £10m professional indemnity (PI) insurance. Our solicitors ensure that a legal charge is properly made against each security property; that each of the security properties has good title; and that guarantees and debentures are properly executed and enforceable.
3. Valuation: For valuations, Lendy uses VAS Panel, which provides a diverse and geographically comprehensive panel of valuers that provide accurate and consistent valuations. All valuers are RICS registered, and carry out full red book valuations. They also have significant PI cover.
4. Credit checks: We put each lending proposition under extensive scrutiny to determine its viability. This includes an analysis of the borrower’s/sponsor’s and/or other principal parties’ experience, credit record, business plan and financial projections.
5. Credit Committee: Once the full process has been completed, our Credit Committee will then consider and approve each lending opportunity before it is put to investors on the platform.
What is Lendy doing to reduce the number of loans that are either in default or suspended?
The most important thing is that we have invested substantially in our due diligence process to ensure that we help to identify the best loans. Whilst investors on the platform have to make their own decisions on loans, we can help by pre-screening out higher risk loans.
If a loan does default, you can be sure that we are doing all we can through the better-resourced recovery and legal teams that we have built. The size and expertise of these groups is much greater than two years ago, which should result in more default loans being cleared from the platform over time with higher levels of recovery.
The work that these groups do will take time, however, as recoveries and legal claims only move at the speed of the legal system and UK courts. We keep investors informed on progress as much as we can through this process.
Why is Lendy's secondary market less active at the moment?
Although the secondary market is relatively slow at the moment, it has bounced back strongly from slow periods in the past. We are still seeing strong demand for loans in the primary market.
Why does Lendy sponsor Lendy Cowes Week?
Lendy Cowes Week helps us raise our profile and build stronger connections with developers and finance brokers. Having access to a wide pool of potential loans through those contacts is important if we are going to be able to source the right kind of loans for Lendy clients – with a good balance between yield and risk.
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Balder
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Post by Balder on Sept 10, 2018 13:32:48 GMT
Unfortunately heard it all before, I remember the hype about the 49 point due diligence process, which seemed not to work. Now I will only judge you on results, I hope you do improve but I will keep withdrawing and not adding until then.
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