duck
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Post by duck on Oct 9, 2017 7:14:45 GMT
... I genuinely believe that the current lack of openness and honesty at COL/FS/L/MT is going to force the FCA eventually to take some action. I've been lobbying hard for individual loan selection to be banned from retail offerings (i.e. restricted to sophisticated/HNWI). .... Apologies for coming to this thread 'late' but I am still catching up after a spell touring Europe on my motorcycle. Whilst I don't disagree with the tone of your post the two sentences above stood out to me. Personally I wouldn't have used 'honesty' but that is a personal thing. When I started with P2P only zopa and Ratesetter existed so there was no DD involved. When AC started I signed up and soon realized that with higher stakes (and no PF) DD was a necessary evil so I started digging .... and that continues to this day. From day one I discovered information that made me less inclined to invest in certain loans/platforms. For example I remember a PM exchange we had over the involvement of a certain individual in a platform and his past that included the Mark Thatcher Equatorial Guinea coup attempt. The point I am making is that I make my decisions and I sink or swim based on those decisions. So to read " I've been lobbying hard for individual loan selection to be banned from retail offerings" made my heart sink. Yes I have picked a few duds over the years (usually with hindsight I realize I shouldn't have gone into the loan in the first place, not enough DD) but by lobbying for black box investments you are suggesting a sanitized P2P market that includes no 'fun'. My days with zopa and Ratesetter I would characterize as being dull spreadsheet filling exercises. Now that may suit some but not me and I presume others. So when you lobby the FCA are you doing it in a personal capacity or as a representative of this well used and respected forum?
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shimself
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Post by shimself on Oct 9, 2017 11:30:59 GMT
... I genuinely believe that the current lack of openness and honesty at COL/FS/L/MT is going to force the FCA eventually to take some action. I've been lobbying hard for individual loan selection to be banned from retail offerings (i.e. restricted to sophisticated/HNWI). .... Apologies for coming to this thread 'late' but I am still catching up after a spell touring Europe on my motorcycle. Whilst I don't disagree with the tone of your post the two sentences above stood out to me. Personally I wouldn't have used 'honesty' but that is a personal thing. When I started with P2P only zopa and Ratesetter existed so there was no DD involved. When AC started I signed up and soon realized that with higher stakes (and no PF) DD was a necessary evil so I started digging .... and that continues to this day. From day one I discovered information that made me less inclined to invest in certain loans/platforms. For example I remember a PM exchange we had over the involvement of a certain individual in a platform and his past that included the Mark Thatcher Equatorial Guinea coup attempt. The point I am making is that I make my decisions and I sink or swim based on those decisions. So to read " I've been lobbying hard for individual loan selection to be banned from retail offerings" made my heart sink. Yes I have picked a few duds over the years (usually with hindsight I realize I shouldn't have gone into the loan in the first place, not enough DD) but by lobbying for black box investments you are suggesting a sanitized P2P market that includes no 'fun'. My days with zopa and Ratesetter I would characterize as being dull spreadsheet filling exercises. Now that may suit some but not me and I presume others. So when you lobby the FCA are you doing it in a personal capacity or as a representative of this well used and respected forum? If they had a more reasonable version of sophisticated it might help. Have you recently been a director of a company (no matter how small) or work in the financial industry - well that excludes retired people, and excludes many people who are property professionals, and finally excludes those people who have done the work to make themselves informed (sophisticated). I'm sympathetic to the notion of protecting small investors from disaster, and I'd feel that some sort of limit per individual loan would be reasonable (which is the case in France). I think this is an absolutely excellent topic for discussion here and maybe a consensus could be determined, but if instead MRCLONDON has taken it upon himself to make a case to the FCA in some sense claiming the authority of all of us I think that's wrong. I'm also rather surprised that the mods haven't seen fit to intervene when a platform is charged with dishonesty.
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Post by mrclondon on Oct 9, 2017 11:42:33 GMT
For the record any discussions I have with the FCA, HM Treasury or journalists are in a personal capacity, and not on behalf of the forum population. I make that explicitly clear on each occaison.
MRC
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am
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Post by am on Oct 9, 2017 12:25:18 GMT
" I've been lobbying hard for individual loan selection to be banned from retail offerings" made my heart sink. Yes I have picked a few duds over the years (usually with hindsight I realize I shouldn't have gone into the loan in the first place, not enough DD) but by lobbying for black box investments you are suggesting a sanitized P2P market that includes no 'fun'. My days with zopa and Ratesetter I would characterize as being dull spreadsheet filling exercises. Now that may suit some but not me and I presume others. HNWI is a relatively low bar (£250,000 of investable assets), and sophisticated investor even lower (IIRC, one P2P loan gets you in) and we do want to protect the naive, the vulnerable, and the desperate, so that a not utterly unreasonable position. Personally my worry would be that the effect would be to eliminate self-selection for HNWIs who aren't in the multi-millionaire category - by eliminating self-selection on platforms which don't have prohibitively high minimum investments. More generally, I fear that most P2P offerings would end up as the equivalent of minibonds, which are not generally considered suitable for unsophisticated investors, and which tend to be relatively inflexible. On first thoughts an OEIC model might be preferable, but like property funds would need to be closed to outflows on occasion. Closed ended companies don't have the latter problem, but have discount risk. But the same argument would imply that only HNWIs shouldn't be allowed to invest in individual shares and bonds. (I may not have been a HNWI when I started in the market - certainly not by current criteria, but the line may have been moved upwards in the intervening period - but if I hadn't been allowed entry I would be considerably poorer now. Probably I should have entered the market 5 or 10 years earlier than I did; between being naturally conservative with money, and not wanting to enter at the top of a bull market I delayed entry longer than I should have.) [FC's latest revision strikes me as the worse of both worlds; the lenders still have concentration risk, but don't have any control over investments.] What I would advocate for is stronger risk warnings, and stronger regulation of platform marketing.
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ilmoro
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Post by ilmoro on Oct 9, 2017 12:37:06 GMT
" I've been lobbying hard for individual loan selection to be banned from retail offerings" made my heart sink. Yes I have picked a few duds over the years (usually with hindsight I realize I shouldn't have gone into the loan in the first place, not enough DD) but by lobbying for black box investments you are suggesting a sanitized P2P market that includes no 'fun'. My days with zopa and Ratesetter I would characterize as being dull spreadsheet filling exercises. Now that may suit some but not me and I presume others. HNWI is a relatively low bar (£250,000 of investable assets), and sophisticated investor even lower (IIRC, one P2P loan gets you in) and we do want to protect the naive, the vulnerable, and the desperate, so that a not utterly unreasonable position. Personally my worry would be that the effect would be to eliminate self-selection for HNWIs who aren't in the multi-millionaire category - by eliminating self-selection on platforms which don't have prohibitively high minimum investments. More generally, I fear that most P2P offerings would end up as the equivalent of minibonds, which are not generally considered suitable for unsophisticated investors, and which tend to be relatively inflexible. On first thoughts an OEIC model might be preferable, but like property funds would need to be closed to outflows on occasion. Closed ended companies don't have the latter problem, but have discount risk. But the same argument would imply that only HNWIs shouldn't be allowed to invest in individual shares and bonds. (I may not have been a HNWI when I started in the market - certainly not by current criteria, but the line may have been moved upwards in the intervening period - but if I hadn't been allowed entry I would be considerably poorer now. Probably I should have entered the market 5 or 10 years earlier than I did; between being naturally conservative with money, and not wanting to enter at the top of a bull market I delayed entry longer than I should have.) [FC's latest revision strikes me as the worse of both worlds; the lenders still have concentration risk, but don't have any control over investments.] What I would advocate for is stronger risk warnings, and stronger regulation of platform marketing. Stronger regulation of platform marketing is exactly what HNWI/SSI etc is isnt it? It determines who is allowed to see a financial promotion. Currently retail platforms offering P2P 36H loans are avaliable to all but any offering any form of bond or investment product are restricted to HNWI, SSI or in some case restricted retail investment (max 10% portfolio). Im not sure P2P lending would count for SSI but a £10 investment via Crowdcube would
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Post by yorkshireman on Oct 9, 2017 12:43:48 GMT
After a few months concentrating on other things, I've spent the last few weeks on fairly intensive due diligence on loans on COL/FS/L/MT, and to be frank I'm pretty disillusioned with what I'm discovering (all of the above !!) . Is there a gap in the market for an ethical p2p platform ? Or is 101 ways to serve up deceit the only viable business plan ? At present I'm seeing little to choose between COL/FS/L/MT in terms of appalling ethical behaviour (and I suspect ABL is no better, but I'm not a lender there). Would platforms really struggle to attract borrowers if they were 100% open and truthful ? I am absolutely fuming that after spending hours working out my own LTV for the MT Birkenhead loan, I now discover that for whatever reason I wasn't told of the existence of what probably (subject to further legal guidance) amounts to prior charges ahead of the MT charge, or the end borrower was in technical default at the time of the listings for the later tranches. I have a chunk of the MT Lancs Residential Park despite some misgivings over the real LTV (but some posts on the forum did reassure me that I was probably being slightly over pessimistic). I now discover that MT don't routinely declare missed / very late payments by borrowers so I have no idea whether the borrower is up to date with the repayments and whether there have been any serious delays with any of the repayments so far. Given I'm uneasy with the LTV, I may have to sell this loan as I have no means of assessing payment performance, and hence current risk of default. For lenders such as me to do adequate due diligence on loans on COL/FS/L/MT to come up with an independent risk assessment is tough, and sometimes can only be completed when the loan has drawn down due to the deliberate attempts by platforms to disguise the identity of both assets and borrowers. The COL Darwen/Burnley loans are a case in point. The platform implies that there are two principals of the borrowing company one very experienced, when google tells us that it is one principal with minimal experience of property development. I assume most people are aware that for secured loans to UK companies, a simple google search {platform name - of the security trustee} charge site:companieshouse.gov.uk reveals details of both assets and borrowers ? Throw a bit of an address into the search {platform name - of the security trustee} charge {asset's town} site:companieshouse.gov.uk and it pretty much throws out the answer. Trivial. What does redacting details of borrowers and their assets really achieve ? Far less trivial, I'm about to write a crawler/spider application integrating with the companies house web API to extract details of the other business interests of the directors of borrowing companies. There are a lot of shady characters borrowing on p2p platforms, and unless the security is rock solid an assessment of the borrower's business ethics is an essential risk factor. EDIT: Its worth noting some assets are "hidden" in overseas companies (e.g. the COL Bolton and MT Paisley assets are charged to Gibraltar companies) which makes lender due dilligence, and on going monitoring of the borrowing company prohibitively expensive. registerme has already mentioned valuation reports that are simply fanciful (e.g. FS Wimbledon Construction) or contain basic blindingly obvious errors (e.g. MT Putney), and the lack of sight of MS reports by lenders prior to tranche drawdown (e.g. almost all FS/L loans). The FS Whitehaven loan is a frightening example of what can go wrong when there is no MS involvement at all. Which brings me back to my opening question: Is there a gap in the market for an ethical p2p platform focussing on the property development sector ? (and could/should any of ABL/COL/FS/L/MT aspire to be that platform? ) Actually AC in my opinion is pretty much there these days (totally anonymous loans are long gone), but I'm not sure ABL/COL/FS/L/MT would necessarily regard AC as a close competitor (for borrowers). What do I mean by ethical ? As an overriding principle, I think it is about being 100% open and honest, revealing all risk factors however minor, revealing borrowers payment performance, revealing who the borrowers are, what the asset is (no redacting), ensuring the valuation report considers worst case fire sale realisation, providing copies of the land registry documentation after the charge has been filed to save dozens of us each having to pay £3 (or £6 or £9 if multiple titles) to download them (now a necessity given the MT UN1 issue). Perhaps we are all naive, and playing dirty is actually the only game in town. I called time on my own career partly through the realisation that my own ethical approach of 100% open and honest communication was rarely appreciated. I confess I have a mental block here. I genuinely believe that the current lack of openness and honesty at COL/FS/L/MT is going to force the FCA eventually to take some action. I've been lobbying hard for individual loan selection to be banned from retail offerings (i.e. restricted to sophisticated/HNWI). For high volume platforms (FC as the prime example) operating a black box account for retail lenders is workable, and it would probably work at FS. But I'm not convinced ABL/COL/L/MT have the volume of loans to make a black box account feasible. In other words I fear the current lack of openness and honesty with lenders by COL/FS/L/MT could in due course cause an existential crisis for one or more of these platforms. The expectations of the average forumite regarding business ethics is, I suspect, WAY above what is the norm in UK business, and given that many p2p borrowers (the platform's actual customers) are sub-prime operating on the boundaries of legality never mind ethics and morality it is hard (perhaps impossible ?) for p2p platforms to live up to the expectations of forumites. Cue withdrawal of platform reps from active participation on the forum as the discussion is on a different plane to that on which the platform is actually operating. A platform rep simply can't square the circle between how lenders expect the platform to operate, and how the platform has to operate in the shady world of sub-prime loans. The result is viscous circle of forumites getting ever more disgruntled, and pushing platform reps further into their shells. Which, intuitively, isn't conducive to good due diligence, by platforms or lenders. This year seems to have reached the point of five similar platforms (ABL/COL/FS/L/MT), all offering similar loans, all believing openness with lenders will kill the business. Is that the pinnacle of the dream of the founders of these platforms ? Eleven years on from zopa's launch, I am so disillusioned with where we have ended up. The original p2p concept of a borrower making a pitch for funds from a pool of lenders seems to be fading fast. But is the demise of that original concept inevitable ? There are a few borrowers with a good demonstrable track record in their field. Why not present a professional portfolio of the borrower's work to support his loans, and yes, be open, and explain the background to any liquidated companies he is associated with. And perhaps, just perhaps, when one of his projects slips behind schedule slightly, there might be a bit less alarm from lenders. Whilst I agree with much of the above, especially “many p2p borrowers (the platform's actual customers) are sub-prime operating on the boundaries of legality never mind ethics and morality” I consider “I've been lobbying hard for individual loan selection to be banned from retail offerings (i.e. restricted to sophisticated/HNWI)” to be elitist. If people are daft enough to put money into something without investigation, DD or call it what you will then perhaps it would be better if the FCA initiated a programme of financial education rather than barring those who are not considered to be HNWI.
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am
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Post by am on Oct 9, 2017 12:49:37 GMT
HNWI is a relatively low bar (£250,000 of investable assets), and sophisticated investor even lower (IIRC, one P2P loan gets you in) and we do want to protect the naive, the vulnerable, and the desperate, so that a not utterly unreasonable position. Personally my worry would be that the effect would be to eliminate self-selection for HNWIs who aren't in the multi-millionaire category - by eliminating self-selection on platforms which don't have prohibitively high minimum investments. More generally, I fear that most P2P offerings would end up as the equivalent of minibonds, which are not generally considered suitable for unsophisticated investors, and which tend to be relatively inflexible. On first thoughts an OEIC model might be preferable, but like property funds would need to be closed to outflows on occasion. Closed ended companies don't have the latter problem, but have discount risk. But the same argument would imply that only HNWIs shouldn't be allowed to invest in individual shares and bonds. (I may not have been a HNWI when I started in the market - certainly not by current criteria, but the line may have been moved upwards in the intervening period - but if I hadn't been allowed entry I would be considerably poorer now. Probably I should have entered the market 5 or 10 years earlier than I did; between being naturally conservative with money, and not wanting to enter at the top of a bull market I delayed entry longer than I should have.) [FC's latest revision strikes me as the worse of both worlds; the lenders still have concentration risk, but don't have any control over investments.] What I would advocate for is stronger risk warnings, and stronger regulation of platform marketing. Stronger regulation of platform marketing is exactly what HNWI/SSI etc is isnt it? It determines who is allowed to see a financial promotion. Currently retail platforms offering P2P 36H loans are avaliable to all but any offering any form of bond or investment product are restricted to HNWI, SSI or in some case restricted retail investment (max 10% portfolio). Im not sure P2P lending would count for SSI but a £10 investment via Crowdcube would What I meant was stronger regulation of what the platforms say, rather than who they can say it to. Some platforms boast of their lack of losses (when this is due to them not having been in business long enough for any chickens to come home to roost); another has been strongly criticised here for their downplaying of the potential cost of withdrawing money early. This is the sort of thing that I think is fair game for a regulator (even if it's the ASA rather than the FCA). I'm pretty sure that P2P does count for SSI; I also think that it makes a mockery of the concept. (From my reading elsewhere it also seems that according to the formal definition being the victim of an investment scam makes you a sophisticated investor.)
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shimself
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Post by shimself on Oct 9, 2017 20:23:52 GMT
Whilst I agree with much of the above, especially “many p2p borrowers (the platform's actual customers) are sub-prime operating on the boundaries of legality never mind ethics and morality” I consider “I've been lobbying hard for individual loan selection to be banned from retail offerings (i.e. restricted to sophisticated/HNWI)” to be elitist. If people are daft enough to put money into something without investigation, DD or call it what you will then perhaps it would be better if the FCA initiated a programme of financial education rather than barring those who are not considered to be HNWI. Martin Lewis (may his name be praised) has written a super piece on the right to be stupid. The right not to be shafted by small print. Lenders esp the unwary, the innocent, should be protected, most particularly protected from losing substantial sums . As rule number one is diversify diversify diversify why not institute a max investment per loan. There will be erm what, 1000 big hitters who are inconvenienced, there may be 100s of 1000s who are helped. Or for an investment exceeding £x (5000?) (1000?) the investor is required to affirm that the investment amount is under (1%) of their net worth, and or the platform has to get a credit report on the lender
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duck
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Post by duck on Oct 10, 2017 5:31:33 GMT
For the record any discussions I have with the FCA, HM Treasury or journalists are in a personal capacity, and not on behalf of the forum population. I make that explicitly clear on each occaison. MRC Thank you for that MRC. For the record I have self certified as SI/HNWI (and as others have noted the bar is not high) so I should not be concerned with your lobbying. However I am on two levels even when I accept that the naive, the vulnerable and the desperate probably need protection. Investors For all investors the returns will drop. This could make an even wider divide between those that can qualify as SI/HNWI and those that can't, resentment would grow and this may be taken out on platforms or investors may simply leave either from a platform or from P2P totally. Remaining investors will be faced with the soulless experience and lack of contact with the loans that they are invested in. As I said in my previous post I'm a long term AC investor and have therefore taken part in many votes. I look at the results of the votes and it dismays me to see @75% non votes. That to me is a sure sign that investors are not 'involved' which is why I applaud the move by AC to show black box investors what they are invested in. Either way I see the impact on the majority of investors as being negative. Probably not the way to grow an industry. Platforms This move would add a level of complexity/record keeping that I imagine they wouldn't welcome.... or perhaps they would. When I start with a new platform I always go in low just to get a feeling for the platform/loans/IT but more fundamentally to see if the platform will suit me. Currently the platform doesn't know if I have £25 or £25m to invest so I am offered the same deal as any investor. What happens if during the signing on process I have to certify myself as SI/HNWI or if there is a 'list' of all SI/HNW individuals? Will the offer be the same? We all know that BH's (which I'm not) can pull special deals but surely this again opens the divide. Surely the real problem is currently twofold, 1. The information presented to investors at time of investment. We have all seen dubious valuations and business plans that are never going to work but not everybody is going to spot those/have time to go digging. 2. Clear visibility presented to investors of ongoing development projects. Whilst I regularly 'get on my bike' and have a look at sites local to me it really shouldn't be up to investors to take this sort of action. Personally I would prefer these issues were the focus of lobbying rather than creating a complex two level marketplace.
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jonah
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Post by jonah on Oct 10, 2017 7:32:51 GMT
1. The information presented to investors at time of investment. May I add a ‘1b’ to your excellent list? The time information is provided in relation to the investment being open. Some platforms are better than others, with pipelines or presentation periods. Others, even for small loans, only make basic information available to investors at the time investment is open. This increases the FFF mentality which reduces the ability of people to ‘think before they lend’. Whilst there are secondary markets etc, this approach feels inappropriate on a number of levels.
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pikestaff
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Post by pikestaff on Oct 10, 2017 8:35:20 GMT
I'm surprised more platforms have not already gone down the SI/HNWI route. The most obvious example is TC. Most of its lenders (I would guess at least 95% by value) will qualify under at least one of those heads, and frankly it's unsuitable for anyone who is not. AIUI mrclondon is advocating that individual loan selection on all platforms would be restricted to SI/HNWI, with other lenders restricted to pooled products. I don't think that would be overly difficult or complex for the platforms to achieve, and it's probably where some expect to end up. Unfortunately, pooled p2p products, and the risks associated with them, can be every bit as hard to understand (if not more so) than individual loans. The FCA won't let investors trade in shares or funds deemed to be complex without self-certifying as SI/HNWI. I've had to do that for investments which, in my opinion, are simpler than many pooled p2p products. There will be those who argue for less protection generally, which is fair enough. But I can think of no good reason for giving "ordinary" lenders wider access to p2p products than they would have if they were investing in listed shares or funds. It's clear to me that the special place p2p has in financial regulation is anomalous and unstable. The growth in p2p was born of the 2008 financial crisis and the resulting tightening of the banks' purse-strings. It filled a political need at the time. Now that the banks are flush with cash again there is no upside for the FCA or their political masters in maintaining the status quo.
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Post by bracknellboy on Oct 10, 2017 9:04:25 GMT
... It's clear to me that the special place p2p has in financial regulation is anomalous and unstable. The growth in p2p was born of the 2008 financial crisis and the resulting tightening of the banks' purse-strings. It filled a political need at the time. Now that the banks are flush with cash again there is no upside for the FCA or their political masters in maintaining the status quo. This piece I completely agree with. I was rather surprised they went ahead with IFISA: in practise it was sufficiently delayed that I expected the idea would be withdrawn, as politically it now seems to have lots of potential downsides and little upside.
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duck
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Post by duck on Oct 10, 2017 9:07:00 GMT
1. The information presented to investors at time of investment. May I add a ‘1b’ to your excellent list? You most certainly can and I agree with it. excellent point pikestaff , you only have to look at the debates there have been over the way AC's products run to see that whilst they are black boxes understanding the intricacies can at times trouble even the brightest. (not a dig at AC). Now if the outcome of lobbying is 'black box only' for most investors, will products have to be dumbed down to a level where every person in the UK can understand them? Or will the warning signs have to be much larger/clearer or more prominent? Will this not frighten off new investors leading to the market stalling? I have no doubt that changes are needed both to protect the unwary and to improve the 'investor experience' but I don't see the change to 'black box only' as the answer.
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registerme
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Post by registerme on Oct 10, 2017 9:29:31 GMT
The root cause of the problems here are not, as I see it, related to single loan / pooled product investment decisions, they're related to the deficiencies in the information provided by the platforms, the ongoing monitoring of the loans by the platforms, and the management of the projects by the borrowers.
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am
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Post by am on Oct 10, 2017 10:17:45 GMT
I'm surprised more platforms have not already gone down the SI/HNWI route. The most obvious example is TC. Most of its lenders (I would guess at least 95% by value) will qualify under at least one of those heads, and frankly it's unsuitable for anyone who is not. AIUI mrclondon is advocating that individual loan selection on all platforms would be restricted to SI/HNWI, with other lenders restricted to pooled products. I don't think that would be overly difficult or complex for the platforms to achieve, and it's probably where some expect to end up. Unfortunately, pooled p2p products, and the risks associated with them, can be every bit as hard to understand (if not more so) than individual loans. The FCA won't let investors trade in shares or funds deemed to be complex without self-certifying as SI/HNWI. I've had to do that for investments which, in my opinion, are simpler than many pooled p2p products. There will be those who argue for less protection generally, which is fair enough. But I can think of no good reason for giving "ordinary" lenders wider access to p2p products than they would have if they were investing in listed shares or funds. It's clear to me that the special place p2p has in financial regulation is anomalous and unstable. The growth in p2p was born of the 2008 financial crisis and the resulting tightening of the banks' purse-strings. It filled a political need at the time. Now that the banks are flush with cash again there is no upside for the FCA or their political masters in maintaining the status quo. On the other side, I get the impression that who can access ETFs is overrestricted, though ETFs run the gamut on complexity and risk (but so do shares).
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