mason
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Post by mason on Jan 8, 2017 19:33:02 GMT
The provision fund and the general generic terms and conditions are less relevant than a specific additional term that has been added specifically to one specific loan very recently. And not only added to it recently after it went overdue but also added as boldly as could possibly be added in red. It is a clear statement and variation of the general terms applicable to other default loans and is clearly added to maintain liquidity in the loan and confidence in the platform. It does not say interest may continue to accrue it says interest WILL continue to accrue and if interest is a growing then unless saving stream I'll planning on stealing it from the investors then it must be paid to the investors when the receivers have finished their work. Any other outcome would lead to multiple claims against saving stream resulting in them fighting a very expensive and bad publicity and potentially platform destroying legal battle which they would never attempt to fight in the first place so it is pretty clear to me Interest will continue to accrue, but accrued interest is not always paid in the event of a default. It is very common in the credit industry for interest to accrue on bad debts and subsequently be written off. You therefore seem to be hanging on the second part of the statement ("but will not be credited until sale of security completes") - however, as pointed out in an earlier post, this only outlines the period in which the interest won't be credited. It may not be credited until some time after the sale of the security completes or it may not be credited at all. In this case the question of whether the accruing interest is of any value to lenders in this loan depends on whether the security can be sold for a sufficient sum of money to cover the return of capital plus accrued interest. Each day interest continues to accrue that hurdle gets higher. If there is a shortfall, it depends on whether or not SS, at their sole discretion, choose to take the remainder from their provision fund. IMHO, they probably will, but to think that is guaranteed in the absence of a direct statement from SS that they will invoke the provision fund in this instance is rather naive. AIUI, other platforms have had loans in which lenders have ultimately lost money and this has not led to a "potentially platform destroying legal battle". Why is this situation different? Do you disbelieve that a provision fund can be "discretionary"?
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cooling_dude
Bye Bye's for the PPI
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Post by cooling_dude on Jan 8, 2017 19:37:22 GMT
Initially, I was going to post this post with the intention of disagreeing with GeorgeT However, it is hard to disagree with him considering this loan is on the old T&Cs I note the following from a post ( HERE) from savingstream (current structure is now the old structure) ... I guess the key word in the above is 'offer', so no guarantee, but some substance there to back up that SS may pay the shortfall in Capital + Interest. Furthermore, the Provision Fund was set up alongside the new structure (i.e. the new T&Cs), and with the above note about the old structure, it does make me wonder if the PF is anything to do with the old T&C loans at all. Just some observations. I still think that you would be stupid to invest in a defaulted loan considering we have had no dead cert clarification from savingstream about how a potential shortfall will be handled
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Post by bracknellboy on Jan 8, 2017 19:48:33 GMT
Directly from their site: The Provision Fund does not guarantee loans or provide insurance against loss. In the event of a shortfall The Directors will consider any losses made by investors and may grant compensation at their discretion. You should be aware that your capital is at risk and interest payments are not guaranteed if a borrower defaults.Seems clear to me. .... It does not say interest may continue to accrue it says interest WILL continue to accrue and if interest is a growing then unless saving stream I'll planning on stealing it from the investors then it must be paid to the investors when the receivers have finished their work. I have to admit I am probably straying into an area I know nothing about, given my only passing interest in SS, and since I do not know whether this loan was under 'old' SS Ts and C's or new ones, and whether the old Ts and Cs in effect meant you were lending to SS/Lendy rather than the end borrower. If old and if as a consequence it was a loan to SS/Lendy then you might have a case, since the 'borrower' is the one making the statement while failing to qualify it, but I would suggest it still would have to be read in conjunction with the applicable Ts and Cs. But if we took this in the context of a 'normal' loan where you are lending to the end borrower, then of course interest continues to accrue: until such time as a recovery is completed or some arrangement / new terms is/are agreed with the borrower. In that context the quoted statement is no more than a statement of normal contractual fact. The borrower has an outstanding liability on which interest continues to be contractually due on an ongoing basis until the capital sum plus outstanding interest (and under normal circumstances interest on the unpaid interest) is repaid. It would be a tad rash to draw any inference of this statement being posted against this (one and only SS defaulted ?? loan) but it being absent from any other. However this is an entirely different thing from saying that the accrued interest will in any way be recoverable. Even if it is a loan to SS/Lendy rather than the end borrower, under the same logic, strictly the question is whether under the applicable Ts and Cs SS/Lendy are contractually required to make lenders fully good. But as above, under these circumstances the fact it would be the borrower making the statement might carry some weight. I - and many others I suspect - have quite a large number against "accrued interest" on the AC dashboard. A significant portion of this is attributable to non-performing loans which are under recovery actions. I do not however expect to receive a particularly meaningful portion of that - regardless of the fact that the delinquent borrowers are contractually liable for it - given the status of the loans which are contributing to it. EDIT: Written prior to CDs post above.
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mason
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Post by mason on Jan 8, 2017 19:51:43 GMT
Initially, I was going to post this post with the intention of disagreeing with GeorgeT However, it is hard to disagree with him considering this loan is on the old T&Cs I note the following from a post ( HERE) from savingstream (current structure is now the old structure) ... This is an interesting point and may well apply to those who invested when this structure was in place, but the situation will be less clear for those who invested in the loan through the secondary market after the change to the T&Cs came into effect. What happens there would depend on the terms in the Loan Contract, which probably should be available to lenders whenever they purchase a loan part, but currently isn't (even though clause 7.4 in the T&C states: "Each time you purchase or sell a loan part, you will be shown the Loan Contract which will detail the legal terms of the loan").
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Post by bracknellboy on Jan 8, 2017 19:59:56 GMT
cooling_dude : If this is under old Ts and Cs, and they are as you state, then the situation is much more concrete. Reference your comment "offer" does not equal "guarantee". Nothing is "guaranteed" because the person making the offer may not be in a position to honour it. However, for the purposes of contractual consideration,s the use of the term "offer" means to all intents and purposes "..contractually obliged..". I make you an "offer" you accept that "offer" i.e. its a statement of the mutual agreed contractual terms. So IFF those terms applied at the point you purchased the loan then without reading the rest of the terms I would interpret that as meaning SS have a contractual liability to make lenders whole for capital and interest. An interesting question: assuming those terms applied at the time of the initial loan, do they also apply to purchases made on the SM subsequent to their move to new Ts and Cs ? Assuming the SS SM is based on creating a new loan between the purchaser and the borrower replacing the original lender/borrower contract, on which terms is the new loan contracted ? EDIT: Also subject to race conditions: written prior to the above post being visible :-)
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cooling_dude
Bye Bye's for the PPI
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Post by cooling_dude on Jan 8, 2017 20:08:03 GMT
In reply to mason & bracknellboy When investing via the SM, you're buying out someone's preexisting investment, not investing in a new loan. The loan is existing, and in this case that loan is between 'Lendy Ltd' & 'The Borrower' (I.e. The Old T&Cs). We can confirm that PBL 20 is on the old T&Cs because the charge is held with 'Lendy Ltd' not 'SSSH Ltd'. So, in short (and is my opinion, which could be wrong) investing in old T&Cs loans via the SM are still classed as being on the old T&Cs.
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Jeepers
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Post by Jeepers on Jan 8, 2017 20:19:32 GMT
I can't understand why SS don't just draw a line under this and pay investors back out of the PF.l and then reclaim funds to restore the PF.
Only reason I say that is being under the old t's and c's they're going to have to pay out anyway even if it's a loss. As I understand it, SS have made the loanand the borrowers have lent to SS, therefore am I right in thinking SS owe the investors?
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cooling_dude
Bye Bye's for the PPI
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Post by cooling_dude on Jan 8, 2017 20:26:38 GMT
<SNIP> As I understand it, SS have made the loanand the borrowers have lent to SS, therefore am I right in thinking SS owe the investors? That is correct. The old system was not true P2P - the loan is between Lendy Ltd & The borrower. As such, Lendy Ltd is the party that owes PBL020 investors, not the borrower. This is the same for some other loans on the SS loan book (see ilmoro 's list HERE to see which are on the old T&Cs).
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mason
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Post by mason on Jan 8, 2017 20:27:06 GMT
The loan is existing, and in this case that loan is between 'Lendy Ltd' & 'The Borrower' (I.e. The Old T&Cs). We can confirm that PBL 20 is on the old T&Cs because the charge is held with 'Lendy Ltd' not 'SSSH Ltd'. So, in short (and is my opinion, which could be wrong) investing in old T&Cs loans via the SM are still classed as being on the old T&Cs. That makes perfect sense. In which case, it is Lendy Ltd that owes the capital and accruing interest to lenders, so hopefully for all lenders on the platform they will be able to cover it. I share your doubts that the provision fund could be used in these circumstances. In fact I'd go further than that and say it would not be possible for Lendy to dip into the PF in order to meet its own obligations as a borrower. I can't understand why SS don't just draw a line under this and pay investors back out of the PF.l and then reclaim funds to restore the PF. Only reason I say that is being under the old t's and c's they're going to have to pay out anyway even if it's a loss. As I understand it, SS have made the loanand the borrowers have lent to SS, therefore am I right in thinking SS owe the investors? As above, I don't think they can do that.
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GeorgeT
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Post by GeorgeT on Jan 8, 2017 20:29:47 GMT
<SNIP> As I understand it, SS have made the loanand the borrowers have lent to SS, therefore am I right in thinking SS owe the investors? That is correct. Ther old system was not true P2P - the loan is between Lendy Ltd & The borrower. As such, Lendy Ltd is the party that owes PBL020 investors, not the borrower. This is the same for some other loans on the SS loan book (see ilmoro list here to see which are on the old T&Cs) Correct. Which is why they have said that the interest will be paid at the end because it is to an extent irrelevant to what they recover because they have contracted to meet that obligation to the lenders themselves and they have confirmed they understand that obligation with the red notice they added to the loan after it went into a default situation. Any other outcome would lead to legal action against them by multiple lenders which would be almost certainly successful and would result in terrible publicity for saving stream and likely to destroy their business totally and that is why everything will be repaid at the end when it is finally sorted and saving stream know what the shortfall is and what they have to make up. As I said before the only risk is if the situation is such that saving stream do not have enough money to make up the shortfall and if that is the situation then every loan and every investment is up the spout and not just this one. Overall seems a quite low risk proposal as an investment but the downside to it is that nobody knows how long it will take to resolve and when they will get their investment and interest back.
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mason
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Post by mason on Jan 8, 2017 20:37:49 GMT
That certainly explains why they are in no hurry to force a sale, and the fact they haven't just paid up out of their own coffers to end their interest liability is concerning. I don't see full FCA authorisation coming to SS any time soon with these sorts of skeletons in the closet.
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Jeepers
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Post by Jeepers on Jan 8, 2017 20:48:20 GMT
So far £210k of interest has accrued and continues to accrue at £558 per day.
It's inevitable that SS will have to pay this out of the PF as a priority over any other loans that may default. The only way they could avoid paying out capital + interest would be if it folded. So why waste £558 per day when cash is supposedly sitting in the PF earning nothing?
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mason
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Post by mason on Jan 8, 2017 21:03:41 GMT
So far £210k of interest has accrued and continues to accrue at £558 per day. It's inevitable that SS will have to pay this out of the PF as a priority over any other loans that may default. The only way they could avoid paying out capital + interest would be if it folded. So why waste £558 per day when cash is supposedly sitting in the PF earning nothing? The PF was set up to protect loans made by SSSH Ltd. It would be improper for Lendy Ltd to take funds from the PF to meet its own debts while it remained solvent.
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Post by dualinvestor on Jan 8, 2017 21:06:17 GMT
As it happens I have been of the opinion and posted on here that this loan is under the old terms and conditions and that Lendy Ltd may be primary debtor not the borrower. However that does not necessarily mean that Lendy will repay all of the capital and some or all of the interest. In my opinion they are liable to but I doubt they share it otherwise they would have done so already to stop the £17000 per month of interest and the uncertainty which could have damaged their business.
My original post today was to do with my surprise at the comment that this was the safest loan on the platform (or words to that effect) which I still find surprising given the lack of clarity that still surrounds it notwithstanding all that has been written subsequent to that post.
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Post by mattie on Jan 8, 2017 21:06:17 GMT
So far £210k of interest has accrued and continues to accrue at £558 per day. It's inevitable that SS will have to pay this out of the PF as a priority over any other loans that may default. The only way they could avoid paying out capital + interest would be if it folded. So why waste £558 per day when cash is supposedly sitting in the PF earning nothing? Are we sure that the PF is sat in cash in a bank account somewhere, and not lent out on a P2P platform, or somewhere else where it can't be accessed immediately? I can't see a financial company having that much money sitting around getting next to no interest, when they could get a 12% return on the money lending it to a garden centre, for example.
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