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Author Topic: Prosper Lenders Retain Legal Counsel  (Read 92949 times)

LoanChimp

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Re: Prosper Lenders Retain Legal Counsel
« Reply #45 on: June 24, 2008, 11:04:06 pm »

It always seems you want substantive dialogue to devolve.  Why?  Trying to open communication seems like a perfectly reasonable thing.     

Have you ever actually been a party to one of the sessions where Prosper promised substantive dialogue?

Were any of the points addressed by the letter from the OP brought up during one of these sessions?
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bamalucky

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Re: Prosper Lenders Retain Legal Counsel
« Reply #46 on: June 24, 2008, 11:09:00 pm »

Come on.You guys know any dialog (conference calls) turned out to be smoke up asses.
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mofo

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Re: Prosper Lenders Retain Legal Counsel
« Reply #47 on: June 25, 2008, 06:01:25 am »

mofo, it's in the letter, last section:

Quote
Prosper unilaterally decided to move collections away from Penncro to AmSher, which charges lenders a higher fee.  At the time of this switch, Prosper promised that lenders would not be charged more than they would have been had the loans remained at Penncro.  After it was pointed out to Prosper that notwithstanding its promise, lenders were actually being charged the higher AmSher fees, Prosper stated that this was due to a "coding error," and that Prosper would reimburse lenders the over charges.  Apparently, no such reimbursement has yet occurred, despite months having passed.  Demand is hereby made that Prosper immediately provide that reimbursement to lenders.
Thanks xraider. I missed that.
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Staneslav

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Re: Prosper Lenders Retain Legal Counsel
« Reply #48 on: June 25, 2008, 08:39:11 am »

a
« Last Edit: December 06, 2017, 01:31:32 pm by Staneslav »
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Senator

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Re: Prosper Lenders Retain Legal Counsel
« Reply #49 on: June 25, 2008, 08:49:56 am »

Prosper’s failure to hold quarterly debt sales has resulted in clear harm to lenders.  Prosper last sold defaulted loans in December, 2008, and the sales price was substantially less than at the prior sale.  Prosper apparently attempted another debt sale in late April, 2008 (a month later than it should have), where the bids were substantially lower than in December.  Instead of selling the loans for the best price Prosper could get (as its fiduciary duty and the LRA obligated it to do), Prosper permitted the loans to age even longer, devaluing the older debt even more, and in late May, 2008 was apparently offered less than half of what it had been offered a month earlier. 
That should read 2007
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cubbiesnextyr

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Re: Prosper Lenders Retain Legal Counsel
« Reply #50 on: June 25, 2008, 08:52:33 am »

Prosper’s failure to hold quarterly debt sales has resulted in clear harm to lenders.  Prosper last sold defaulted loans in December, 2008, and the sales price was substantially less than at the prior sale.  Prosper apparently attempted another debt sale in late April, 2008 (a month later than it should have), where the bids were substantially lower than in December.  Instead of selling the loans for the best price Prosper could get (as its fiduciary duty and the LRA obligated it to do), Prosper permitted the loans to age even longer, devaluing the older debt even more, and in late May, 2008 was apparently offered less than half of what it had been offered a month earlier. 
That should read 2007

You should have proofread it BEFORE we sent it...
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xraider

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Re: Prosper Lenders Retain Legal Counsel
« Reply #51 on: June 25, 2008, 08:54:24 am »

The link in the first post has the version that was actually sent.  IIRC (too lazy to check) that typo was corrected before the letter went out.
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Senator

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Re: Prosper Lenders Retain Legal Counsel
« Reply #52 on: June 25, 2008, 08:58:06 am »

False alarm, the .pdf has the correct date.
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Stats as of 12/29/2010:
Total withdrawals: $3,488.87 minus (-) Total deposits: $3,600.00 = ($111.13)
Cash balance: $0
Principal value of active notes:  $0
Total active notes: 0 of 70.

Successful loans are made to persons who are on a clear path to financial stability. -Mjerryfirst May 18th, 2008.

I know that when I make my 10% those "unbelievers" will call it luck cause that will be the easiest way to excuse their mistakes. -Researchpro May 5th, 2009.

It's a great time to be poor and irresponsible in America. -PPT May 2009

cubbiesnextyr

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Re: Prosper Lenders Retain Legal Counsel
« Reply #53 on: June 25, 2008, 09:33:51 am »

False alarm, the .pdf has the correct date.

Yay!
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Chamatrain

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Re: Prosper Lenders Retain Legal Counsel
« Reply #54 on: June 25, 2008, 09:37:51 am »

So, some lenders sent a "demand" letter to PMI, which was apparently ignored(surprise!)  Is there a firm plan to proceed with a suit?  If so, when might that be?  I would like to not duplicate efforts, but I have already asked an acquaintance (an attorney) to look into hiring somebody in San Francisco.

Comments from anybody will be welcome, including from others who like myself, are not lawyers.
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bamalucky

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Re: Prosper Lenders Retain Legal Counsel
« Reply #55 on: June 25, 2008, 09:39:39 am »

So, some lenders sent a "demand" letter to PMI, which was apparently ignored(surprise!)  Is there a firm plan to proceed with a suit?  If so, when might that be?  I would like to not duplicate efforts, but I have already asked an acquaintance (an attorney) to look into hiring somebody in San Francisco.

Comments from anybody will be welcome, including from others who like myself, are not lawyers.

From what I gather they plan to follow up.Maybe even talk to a class action lawyer.I  doubt Prosper has enough money for a class action lawyer to go after though.
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beerbud1

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Re: Prosper Lenders Retain Legal Counsel
« Reply #56 on: June 25, 2008, 09:45:06 am »

So, some lenders sent a "demand" letter to PMI, which was apparently ignored(surprise!)  Is there a firm plan to proceed with a suit?  If so, when might that be?  I would like to not duplicate efforts, but I have already asked an acquaintance (an attorney) to look into hiring somebody in San Francisco.

Comments from anybody will be welcome, including from others who like myself, are not lawyers.
Yes there will be followup. This is not an idle threat.
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112233

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Re: Prosper Lenders Retain Legal Counsel
« Reply #57 on: June 25, 2008, 10:24:42 am »

I assume the letter is part of a larger plan. Prosper's non-response was not exactly hard to predict and I hope that was taken into consideration and a next step was planned out at the same time.
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bamalucky

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Re: Prosper Lenders Retain Legal Counsel
« Reply #58 on: June 25, 2008, 10:35:04 am »

I think the greatest good of all coming out of this letter is that it was also sent to the Venture Capital firms who fund Prosper.

This will let them know that the real "customers" aren't very happy.
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NewHorizon

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Re: Prosper Lenders Retain Legal Counsel
« Reply #59 on: June 25, 2008, 10:38:37 am »

This will let them know that the real "customers" aren't very happy.

I thought the borrowers were the real customers.   ;D
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