james
Posts: 2,205
Likes: 955
|
Post by james on Mar 24, 2014 0:24:47 GMT
No P2P companies mentioned in this news. This does not mean that no UK P2x company is affected. New credit and loan agreement errors mean bank customers could be in line for compensation" Breaches are reported as including failure to provide annual statements within 30 days of being due, failure to inform customers how much they owed within 14 days of a default and a general failure to provide certain required wording/information in statements and arrears notices. ..." The Consumer Credit Act prohibits lenders from charging interest or arrears fees if their statements do not comply with the rules under the act. This means that they must now pay back all such charges that they levied on customers during this period of non-compliance. The specific parts of the act that have been breached are: Section 77A: Since October 2008 lenders have been obliged to send periodic statements to customers. These must contain specific information and wording. Section 86B: Sets out the requirement to send a notice to customers where they fall into arrears by more than two payments to alert them to that fact and the potential consequence of falling into arrears." From another source: " The Office of Fair Trading (OFT) said 17 banks and building societies would compensate around 497,000 customers after admitting documentation relating to store cards, credit cards, loans and hire purchase agreements failed to comply with the Consumer Credit Act (CCA). Under the rules, lenders are not entitled to interest or arrears fees during the period that their statements do not comply with the Act. " In a P2x context the inability to charge interest or fees and requirement to refund such charges could prove costly for P2x firms that lend to consumers or, I assume, small businesses.
|
|
pikestaff
Member of DD Central
Posts: 2,189
Likes: 1,546
|
Post by pikestaff on Mar 24, 2014 7:27:30 GMT
I'm braced for howls of disagreement about this, but I am saddened to see yet another disproportionate punishment dished out. Most of the breaches are utterly trivial. Still, at least I now understand why I have started to receive pointless annual statements for my credit cards, in addition to the monthly ones.
It's also truly worrying. The real p2p firms do not make loans to consumers; we lenders do. They are just our agents. It seems to me therefore that, if there are breaches, the consequences are likely to fall on us. We might have to sue the p2p firms to recover our losses - if they have the capital or insurance to cover them.
|
|
james
Posts: 2,205
Likes: 955
|
Post by james on Mar 24, 2014 7:47:09 GMT
Would you regard it as utterly trivial if a P2x company overcharged some borrowers into paying too much interest, capital or both?
One thing about this that is clear is that the P2x companies are solely responsible for all of the loan calculations and documentation, so responsibility seems very clearly not with the lenders. Of course, in this the P2x firm is acting as an agent of the lenders, so ultimately if the P2x firm became insolvent it's the lenders who weren't entitled to charge the interest for each year with an inaccurate annual statement, so it's the lenders who could end up paying.
|
|
|
Post by batchoy on Mar 24, 2014 7:59:57 GMT
Would you regard it as utterly trivial if a P2x company overcharged a borrower into paying too much interest, capital or both? But reading the articles, the lenders haven't over charged, what they have failed to do is is notify the borrower with a set time period using the correct set of words, following a borrower breaching their credit agreement. So you have the ridiculous situation that a borrower defaults but because the lender does get letter sent out within 14 days of the default using a correct set of words the defaulting borrower walks away from any further interest payments and penalty charges.
|
|
james
Posts: 2,205
Likes: 955
|
Post by james on Mar 24, 2014 10:13:37 GMT
Past stories have included cases of calculation errors. The OFT announcement of the current action is here.
|
|
james
Posts: 2,205
Likes: 955
|
Post by james on Aug 4, 2014 19:31:00 GMT
|
|
|
Post by oldnick on Aug 4, 2014 20:02:27 GMT
Very disturbing news james. I don't suppose I can counter-sue the regulator for omitting to regularly, perhaps monthly, remind all lenders and P2x platforms of this draconian rule?
|
|
|
Post by Duane Dibley on Aug 4, 2014 22:05:23 GMT
Very disturbing news james. I don't suppose I can counter-sue the regulator for omitting to regularly, perhaps monthly, remind all lenders and P2x platforms of this draconian rule? Hardly draconian. The Consumer Credit Act has been around for about 40 years. If they can't get their paperwork right then what else are they getting wrong?
|
|
|
Post by yorkshireman on Aug 5, 2014 12:52:41 GMT
Any bets on it being Round Financing?
|
|
|
Post by yorkshireman on Aug 5, 2014 13:00:14 GMT
Any bets on it being Round Financing?
Or Backing Disc if you prefer.
|
|
james
Posts: 2,205
Likes: 955
|
Post by james on Aug 5, 2014 13:17:54 GMT
Very disturbing news james. I don't suppose I can counter-sue the regulator for omitting to regularly, perhaps monthly, remind all lenders and P2x platforms of this draconian rule? I knew about the rule soon after it was introduced. I'm not a person who makes their business doing consumer lending and I expect those in that business to know the law no less well, and ideally much better, than I do. It shouldn't be hard to meet at least the mandated text parts. The relevant government department even provided lists of things to do to check that lenders were compliant. Interest calculation errors, well, I do expect calculations to be right also. It's another thing that should be a core competency of such a business. I told at least one P2P vendor about it and asked them to be sure that their systems got it right. Here, I'm posting in a place where I hope that P2P lenders lending to consumers will notice and act, since paying now beats paying later. Self-reporting to the regulator beats the regulator finding out in other ways because it increases the likely chance of and amount of penalties for breaking the law. Even self-reporting will be expensive if it's gone on for a long time.
|
|
|
Post by oldnick on Aug 5, 2014 13:28:17 GMT
I just hope ZOPA and AC have complied...
|
|