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Post by GSV3MIaC on Feb 7, 2019 11:03:22 GMT
For disclosure, I’m not in the London loans so not sure of the legal standing. However, it was my understanding that Lendys legals are indemnified and the law firm representing the investors is separate to Lendys solicitors and is being funded by investors themselves. That’s what I’ve gathered from the forum. If wrong, could someone PM me ? It’s not my intention to put other investors at risk. The legal case is being defended by Lendy, and if the borrower ropes in the 5000 lenders, then the same defence applies. The 'separate representation of the lenders' only applies, AIUI, if they want to go some separate way .. in particular if they want to take action against Ly, rather than just defend the case against the borrower. Obviously if Ly loses against the borrower, then the lenders might want to go after Ly as having done a poor job of agenting..
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Balder
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Post by Balder on Feb 7, 2019 11:11:46 GMT
I am sure Ly has learned plenty about hiding assets and avoiding payouts, from some of the more creative borrowers on the books, so even if you sue them and win, I doubt you'll get much joy. The cash is probably in a family trust in the BVI by then.
Look at the 2016/17 accounts - the sum of £1,000,000 was sent to a "Wealth Protection Remuneration trust" owned by the two directors at the time. Sounds like tax avoidance HMRC will be all over it "2109 Loan Charge"
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garfield
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Post by garfield on Feb 7, 2019 12:09:45 GMT
Sounds like tax avoidance HMRC will be all over it "2109 Loan Charge" 2109? I'm not sure many of us will be around by then.
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Balder
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Post by Balder on Feb 7, 2019 13:09:47 GMT
Sounds like tax avoidance HMRC will be all over it "2109 Loan Charge" 2109? I'm not sure many of us will be around by then. Lendy repayment year!
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mynyddrob
I was greedy , like everyone else ! £40 k down at least !
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Post by mynyddrob on Feb 7, 2019 14:54:48 GMT
To Jeepers, I would like to register my interest for these loans with the legal firm if that`s OK.
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hooks
New Member
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Post by hooks on Feb 8, 2019 15:25:40 GMT
Hi Jeepers. I am in loans 001 & 002 for less than £2K but would like to register interest in the claim. Also in DFL017 for approx £1K may need to seek legal advice on it. Would like to put an end to this farce. Thanks
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delboy
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Post by delboy on Feb 20, 2019 23:30:46 GMT
This thread has gone rather quiet. Is anyone able to provide an update? I am in the loans but very cautious about the proposal.
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Mousey
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Post by Mousey on Feb 22, 2019 10:10:56 GMT
This thread has gone rather quiet. Is anyone able to provide an update? I am in the loans but very cautious about the proposal. An update will be out soon. Haha you sound just like Lendy
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averageguy
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Post by averageguy on Mar 1, 2019 21:36:07 GMT
RE DFL002 ...No update re the replacement of the ADMINS...just something about an improved offer on one of the commercial units...feck all on the rest
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sl75
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Post by sl75 on Mar 4, 2019 14:55:16 GMT
Haha you sound just like Lendy Hmm, I should’ve said ‘Our recovery strategy is progressing with our enhanced legal team’. Difference is, when I say it, I really mean it. Nah, you're just kicking the can down the road. No reason not to provide a full and detailed update in public, just like all of you lot expect Lendy to - go on, lead by example!
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sl75
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Post by sl75 on Mar 5, 2019 10:18:17 GMT
sl75 Tell me, why would I or the law firm ‘kick the can down the road’? It's what everyone seems to believe Lendy are doing when they give vague updates based on their legal advice... why treat you any different? Please provide a public update of the same level of detail as you expect Lendy to provide where there are ongoing legal cases!
w.r.t. "No win no fee" lawyers, I'd be VERY wary about setting those loose - based on descriptions of how they operate in other discussions on the board, I'd guess they won't care about achieving the best outcome for their clients, only about "winning" so they can claim their fee.
In particular, who pays the lawyers fee if Lendy recover those loans in full or settle any shortfall from the Provision Fund before the case goes to court? Lendy would certainly be under no obligation to do so...
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sl75
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Post by sl75 on Mar 5, 2019 13:39:29 GMT
The difference is, neither I or the law firm are liable for anything and therefore have no reason to ‘kick the can down the road’. Any queries regarding fees should be taken with the firm before signing. If fees are a percentage of proceeds received, why would they not be keen to achieve the best outcome? I think you missed the point of the "can kicking" comment - it was intended to highlight the hypocrisy of assumed members of your group demanding that Lendy explain exactly what they're doing (when court cases or other legal processes are involved) but then using the exact same "excuse" as them for not providing further details of your planned action.
Critical is a percentage of WHICH proceeds received. e.g. whether they're biased towards escalating the case to court / formal mediation because repayments by the normal route through the platform "don't count", or biased towards recovering monies from those specific loans even if it harms the recovery of other loans arranged through the platform (because only repayments on those specific loans "count"), etc.
When Lendy finally exhaust the current legal processes, I'll keep my whole share of the payment thanks, but if you want to give some of it away to a law firm who may have ultimately had no direct involvement in the process that led to the repayment, that's up to you.
For me, these loans combined represent about 5% of my current Lendy portfolio, so I'm personally more concerned about the potential damage to the recovery prospects of the remaining 95% if a rottweiler is set loose on "the hand that feeds me" than I am about the timing of repayment of that 5%.
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averageguy
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Post by averageguy on Mar 5, 2019 18:50:46 GMT
The difference is, neither I or the law firm are liable for anything and therefore have no reason to ‘kick the can down the road’. Any queries regarding fees should be taken with the firm before signing. If fees are a percentage of proceeds received, why would they not be keen to achieve the best outcome? I think you missed the point of the "can kicking" comment - it was intended to highlight the hypocrisy of assumed members of your group demanding that Lendy explain exactly what they're doing (when court cases or other legal processes are involved) but then using the exact same "excuse" as them for not providing further details of your planned action.
Critical is a percentage of WHICH proceeds received. e.g. whether they're biased towards escalating the case to court / formal mediation because repayments by the normal route through the platform "don't count", or biased towards recovering monies from those specific loans even if it harms the recovery of other loans arranged through the platform (because only repayments on those specific loans "count"), etc.
When Lendy finally exhaust the current legal processes, I'll keep my whole share of the payment thanks, but if you want to give some of it away to a law firm who may have ultimately had no direct involvement in the process that led to the repayment, that's up to you.
For me, these loans combined represent about 5% of my current Lendy portfolio, so I'm personally more concerned about the potential damage to the recovery prospects of the remaining 95% if a rottweiler is set loose on "the hand that feeds me" than I am about the timing of repayment of that 5%.
All nicely put and personally I agree with all of that ....although....I'm not finding that phrase in bold relevant to me....havn't beed fed in ages!
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sl75
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Post by sl75 on Mar 6, 2019 12:30:12 GMT
All nicely put and personally I agree with all of that ....although....I'm not finding that phrase in bold relevant to me....havn't beed fed in ages! Just this year, we've been "fed" with full repayments of DFL035, DFL025, PBL133, PBL194, PBL192, partial repayments of PBL163, PBL068, DFL026, and interest still being credited this month for DFL003, DFL006, DFL010, DFL014, DFL020, DFL021, DFL022, DFL029, DFL032, DFL033, DFL034, DFL037, PBL196, PBL197, PBL200, PBL201 (there were probably some more in Jan/Feb). At nearly 2 years overdue, I feel I’ve given enough time for Lendy to bring something to the table. Quite frankly, I’ve been on the ‘merry-go-round’ of updates that often, I’m feeling dizzy. Personally, I don't consider 2 years a particularly long time for a recovery process where the other parties are actively obstructing the process. Some other platforms are still making recovery payments to me 5 or 6 years after the loan originally fell due, including at least some cases where a sudden payment "appears" out of the blue that settles the remaining balance of a loan that hadn't seen any visible action for a couple or more years previously. My understanding is that until or unless all relevant parties are bankrupt, or the loan goes 6 years without being "acknowledged", it still remains enforceable. Much as I'd hoped for better liquidity and faster recoveries than that (and potentially payments from the platform/provision fund as a gesture of goodwill before the full recovery process was complete, as seemingly happened with the first couple of loans to enter protracted recovery processes), the possibility of needing to wait out the full recovery process potentially lasting several years was always on the cards, and a risk taken into account at time of investment, albeit considered relatively unlikely at that time.
It seems to have come as a surprise to some investors that recovery processes for delinquent loans with obstructive borrowers can take many years of legal wrangling. I'm not sure why, as this was often discussed, even if it was soon dismissed as a seemingly remote possibility unlikely to affect more than a handful of loans, and "legal processes can sometimes take many years to resolve" is hardly some kind of big secret. I don't imagine that your case would get resolved much quicker either... and it seems to me there's a good chance that it'll be irrelevant by the time the case is actually heard (e.g. where there are other cases on which Lendy is awaiting the outcome before being able to publicly disclose their actions on these loans, it would seem perfectly reasonable for them to ask the court to wait until those cases have reached a resolution before your case can be heard, so as not to prejudice those other cases).
The short-term concern is that any time the legal team spend responding to your case is time they can't spend advancing the other cases intended to recover our money, so your action may have the opposite effect to what you seemingly desire, causing even more delays.
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boundah
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Post by boundah on Mar 6, 2019 12:34:53 GMT
The short-term concern is that any time the legal team spend responding to your case is time they can't spend advancing the other cases intended to recover our money, so your action may have the opposite effect to what you seemingly desire, causing even more delays.
I agree entirely. Of course there's nothing stopping lenders from taking their legal action, but I'd happily wager that nothing will come of it apart from slowing down this and other recoveries, and/or even pushing LY into administration (with all the added costs for all lenders that would involve).
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