Print

[Urbi_et_Orbi]

Lobby so this can be linked on Facebook

2nd for lobby

[MsTabbyKats]

Here is his company's facebook page......

Note the description of his company  

Pretty far from a BIG NYC law firm........

Edited to delete PII

[Cushie]

So the deadbeat contacts Prosper to complain, but they can't find him to collect the money?  

That's the part that blows my mind (though it shouldn't, it still does).

X, did you use email or the Prosper PM system? 

[Urbi_et_Orbi]

Not to be a wet rag, but the more PII we stick in this thread, the less desirable it becomes for the lobby.

[MsTabbyKats]

Not to be a wet rag, but the more PII we stick in this thread, the less desirable it becomes for the lobby.

Gone....but not forgotten

[HollowOak]

Dear Xraider, I hope you will follow through if Prosper does not lift your ban. Another little matter their on crack legal team can pay attention to.

[Capital_Finance_Group]

I just wish that Prosper, or some Agent thereof, would start contacting the deadbeats.
I totally agree - if they (PROSPER) were doing their jobs then the Lenders that the have decided not to represent would not feel compelled to do their (PROSPER) job for them.

[NewHorizon]

Dear Xraider, I hope you will follow through if Prosper does not lift your ban. Another little matter their on crack legal team can pay attention to.

+1

Citing the wrong rules just ain't right.

[xraider]

Prosper's response, and mine:

--- On Thu, 1/14/10, Scott Morris <smorris@prosper.com> wrote:


From: Scott Morris <smorris@prosper.com>
Subject: RE: Contacting Borrowers
To: [xraider]
Date: Thursday, January 14, 2010, 6:01 PM


Dear [xraider]

Thank you for your reply regarding your 60 suspension.  On November 24th, 2006, you became a member of Prosper.  At that time the lender registration agreement you entered into provides that you must comply with the policies posted on our website, as they may be amended from time to time by us in our sole discretion.  You did not, or do not now, have the right to opt out of any of the policies, even the ones you dislike.  Furthermore, failure to comply with our policy regarding communications with other members gives us the right, under that policy, to suspend your account.

Please note that it is a suspension, and after 60 days you will be able to use your account once again.

Sincerely,

Prosper Customer Support

My response:

I expressly opted out of the amendments, which Prosper tried to sneak onto its website.  I did not agree to wholesale changes, and Prosper did not challenge my opt out.
 
I expect Prosper to lift the suspension or reinstate my account immediately.
 
[xraider]
 
PS  With all respect, I no longer trust anything that Prosper says.  I believe I have a copy of the pre-November 2007 LRA downloaded onto my computer but, frankly, it's not relevant since under California law, you do not have the right to make dramatic unilateral changes and force them down lenders' throats.  My opt out is my rejection of the changes, which I do not honor.  Please do not force me to contact your new in-house counsel about this.

And further response:

Dear Mr. Morris:



On further thought, I find it very curious that while you justify my suspension (while acknowledging it's for violations of terms of service invented after I stopped lending, and which I declined) you don't make any effort to address my legitimate concerns about poor collections.  I also find it very curious that you obviously are in communication with this deadbeat borrower, yet Prosper is doing nothing to collect the amount owed to Prosper lenders.  



Together with the reinstatement of my Prosper account, I expect an explanation about what Prosper is doing to collect on my defaults (many of which, contractually, should have been sold to junk debt buyers more than a year ago) and late accounts.

What morons.  More interested in suspending lenders than in fixing their collections or even addressing them.

I look forward to his further response.

[Cushie]

Seriously awesome replies.  The lawyer side of you is rather cool.

[NewHorizon]

This doesn't address the opt-out issue, but Prosper is referring to this bit of the LRA:

You agree to comply with the terms and provisions of this Agreement, the Terms of Use of the Prosper website, and the Prosper Policies, as those guidelines may be amended from time to time by Prosper in its sole discretion (collectively, the "Prosper Terms and Conditions").

[Urbi_et_Orbi]

This doesn't address the opt-out issue, but Prosper is referring to this bit of the LRA:

You agree to comply with the terms and provisions of this Agreement, the Terms of Use of the Prosper website, and the Prosper Policies, as those guidelines may be amended from time to time by Prosper in its sole discretion (collectively, the "Prosper Terms and Conditions").

Is that from the current version or from the version in place on Xraider's date of entry?

[NewHorizon]

That's from mine dated August 2006.  IIRC, it didn't change by the time xraider come along 3 months later.

ETA: I mean August 2006 is the date I signed it.  It's last-modified date was no-doubt earlier.

[cubbiesnextyr]

We do have a thread here that documents the different LRA's if it becomes an issue.

[Urbi_et_Orbi]

Found it...
http://www.prospers.org/forum/empty-t3684.0.html