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Prosper's new way to collect from late borrowers
I sent a message to Prosper Customer Service yesterday after seeing a lot of lenders saying they saw payment attempts (single daggers) on loans yesterday. I asked if something had changed and this is the response I got:
Prosper has done analysis that shows ACH withdraws are more successful on paydays. Therefore, Proser has initiated ACH withdraws from some late borrowers accounts to begin processing on 11/30/07. New actions taken by Prosper will never result in negative actions to our lenders.
It appears these payment attempts are actually a new idea on Prosper's part to collect when borrowers are more likely to have money in their accounts. My only question is whether there is a TOS violation here. I haven't exactly memorized the various terms-of-service agreements but I do know previous policy was that late borrowers would have payment attempts at 10 and 22 days after the initial payment was due if earlier attempts failed. I'm not going to complain but I've known other people to do so when Prosper doesn't follow their TOS to the letter of what they say.
It will be interesting to see how many of these clear. If this helps late borrowers catch up and keep up, I'm fine with it myself. Frankly, I'm glad to see Prosper mixing things up a bit rather than staying in the same old rut all the time regarding lates.
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10. Collection & Reporting of Delinquent Loans. In the event you do not make your Loan payments on time, Prosper or any subsequent owner of the Loan will have all remedies authorized or permitted by the Promissory Note and applicable law.
The lender agreement only says that they'll do a second pull in the first 10 days.
On the Prospers.org discussion forums, Caliostro made a post where he quoted something from wikipedia that said the following:
An ODFI receiving a return of an ACH entry may re-present the ACH entry two more times, or up to three total times, for settlement. Again, the RDFI may reject the transaction. After which, the ODFI may no longer represent the transaction via ACH.
See http://prospers.org/forum/index.php?topic=4102.msg59137#msg59137
and http://en.wikipedia.org/wiki/Automated_Clearing_House
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