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Author Topic: New Collection Agency - Amshare  (Read 92589 times)

xode

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Re: New Collection Agency - Amshare
« Reply #45 on: January 29, 2008, 12:46:21 pm »


Totally not the point.  Either a legal agreement is valid and binding, or it isn't.  Prosper doesn't get to pick and choose which provisions apply and which can be disregarded at will.  Moreover, while I think the change is a good one, another lender (who may or may not have received the email from Prosper) may not.  Maybe AmSher is owned by Doug Fuller's brother-in-law, and that's the real reason for the change (ok, probably not, but that too isn't the point).
This is whats wrong with America now, no common sense can be used because a lawyer will be waiting around to F it up...


I couldn't agree with this more.  However, I would also like to add that this behavior on the part of judges and attorneys is intentional and is designed to make the quality of life for everyone worse.  Funny how it is that judges and attorneys are all members of the same closed private clubs, namely the various state bar associations and the American bar association and that the courts in this country routinely ruin just about everyone unfortunate enough to be drawn into them.  Which brings me to the point about which position Prosper is in...

I think sometimes Prosper is between a rock and a hard place.

They have a legal agreement with lenders. They can see that complying with the legal agreement does not give the desired results. They'd like to try something new. I cannot believe that lenders are so shortsighted that they won't give Prosper leeway to attempt alternative means to improve the situation for lenders.

Sure, Prosper isn't following the legal agreement, but we know that following the legal agreement isn't getting lenders what they want. Should Prosper just write a new legal agreement and wait until enough lenders sign up to the new legal agreement? I think the old lenders will again feel wronged because they are left out of alternative solutions.

I believe that if tested in court (IANAL and this is a nontyper clause), that the legality of the opt-out mechanism will withstand a court test, if it comes to that.  Besides, to sufficiently challenge any of this from a legal standpoint, you'd have to show actual damages to lenders and I don't see how the alternative that is proposed can be any more harmful to lenders.

Technical issues with email delivery also seems to be not something that should stop the entire process.

I think lenders are well advised to give Prosper some leeway here to try alternatives and not to simply kwetch about Prosper not following the legal agreement - we know already what the legal agreement gets us and that's not much.

Beat up on Prosper for the things it doesn't do right, but don't beat them up if they are trying to improve the situation.

My position regarding Prosper is: the realtime results that they get for me and the good faith efforts they make to correct any problems that may come up count infinitely more than some "legal agreement."
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lenderguy

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Re: New Collection Agency - Amshare
« Reply #46 on: January 29, 2008, 01:38:44 pm »

there is no similar assurance that you have in mind the requirements of any laws in doing so, have the interests of PMI or the other lenders in mind.

Here, you make the assumption that what is in PMI's best interests is also in the lenders' best interests.  Prosper makes willy nilly changes to contracts for their benefit, not mine.
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lenderguy

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Re: New Collection Agency - Amshare
« Reply #47 on: January 29, 2008, 01:40:35 pm »

My position regarding Prosper is: the realtime results that they get for me and the good faith efforts they make to correct any problems that may come up count infinitely more than some "legal agreement."

A vast majority of lenders here I am sure agree with you.  However, I think a lot of us also believe that Prosper hasn't made any "good faith" efforts in a very long time.  Prosper acts in PMI's best interests, not ours.  They've made it very clear to us.
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yankeefan

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Re: New Collection Agency - Amshare
« Reply #48 on: January 29, 2008, 02:30:08 pm »

Endorsing each of Lenderguy's statements.
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HollowOak

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Re: New Collection Agency - Amshare
« Reply #49 on: January 29, 2008, 03:01:23 pm »

there is no similar assurance that you have in mind the requirements of any laws in doing so, have the interests of PMI or the other lenders in mind.

Here, you make the assumption that what is in PMI's best interests is also in the lenders' best interests.  Prosper makes willy nilly changes to contracts for their benefit, not mine.

I would submit that the inclusion and attempt to evaluate a new collection agency is very much a change made to benefit lenders and perhaps only indirectly benefit PMI.
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xraider

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Re: New Collection Agency - Amshare
« Reply #50 on: January 29, 2008, 03:23:08 pm »

xode, please keep in mind that the TOS are the rules of the game.  If Prosper does anything outside of its TOS, no matter how pure its motives, if lenders are harmed, it may well get sued.

As others have said, Prosper has squandered a lot (if not all) of its good will with a lot of lenders, so when there's a TOS violation by Prosper, or some misconduct that's discovered, there's no longer an assumption that Prosper did it accidentally, or with no ulterior motive.

I've posted my support for the New Agency Test and Prosper's aggressive collection efforts, and support AmSher as an effort to improve collections for lenders.  However, Prosper's method of seeking agreement with its unilateral deviations from the TOS may come back and bite it.

TINLA although IIAL.
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lenderguy

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Re: New Collection Agency - Amshare
« Reply #51 on: January 29, 2008, 03:55:54 pm »

I would submit that the inclusion and attempt to evaluate a new collection agency is very much a change made to benefit lenders and perhaps only indirectly benefit PMI.

So you think an action designed to shut up a bunch of whiny lenders is only an indirect benefit to Prosper?  I feel quite the opposite.  Dealing with complaints takes time, effort, and is often a hassle.  Additionally, I think there's very little that Prosper can do to immediately gratify most of the complaints they get.  Also, keep in mind that Prosper instituted the 520 HR cutoff, simply because that segment of the market took way too much time to deal with, and generated the least return.  (They had the hardest time funding, and they were desperate, so they were a tax on Prosper's resources without any correlating compensatory revenue.)  So I submit that anything Prosper does to minimize non-income producing contact with its constituents is of direct benefit to them.

And do you feel that going forward, that possibly improved collection rates are only an indirect benefit to Prosper?  This marketplace survives primarily on lender ROI.  If that ROI is too low, lenders have no incentive to participate.  No participating lenders = no cash for Prosper.  So, I submit that it is directly to Prosper's benefit to take actions that increase lender ROI.

Besides, there's no guarantee that this collection agency will increase amounts recoverd.  I suspect that the recoveries will be marginal at best, as you cannot get blood from a stone, which is pretty much what we have here.
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gelt4u

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positive interlude
« Reply #52 on: January 29, 2008, 04:06:33 pm »

I interrupt this multi-person rant with 2 positive thoughts:

1.  It may be that Doug Fuller is, in fact, doing the job he was hired to do.

2.  It may be that Prosper's felt that their Fiduciary duties outweighed their Contractual duties.

We shall see.  I personally welcome the new collections activity as evidenced by the new agency test and by essentially firing a sub-performing collections agency.

---

Now, back to your kvetching.......
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Fred93

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Re: New Collection Agency - Amshare
« Reply #53 on: January 29, 2008, 04:11:11 pm »

I suspect that the recoveries will be marginal at best, as you cannot get blood from a stone, which is pretty much what we have here.

People gave me the "blood from a turnip" argument a year ago when I began complaining about Prosper's incompetent weak nonprofessional collections operation.  They were curing about 6% of 1 mo late accounts back then.  Now they are curing about 20% (of loans recently gone 1 mo late).  That's a big improvement.  Apparently the turnip has some blood after all.  

Frankly, Prosper's early collections efforts back then were a complete joke.  They are now a little better.  There is no evidence at all to support the theory that the turnip now has no blood and they can't do substantially better than they are doing now.  After all, just look at what Doug Fuller has SAID.  He told us the improvements that he has made that he thought were worthy of discussion.  What were they?  Some sophisticated or even heavy-handed collections actions?  Did he send people out to knock on doors?  No.  Did he break knees?  No.  What the hell did he do?  He told Penncro to stop firing up the autodiler at the same time every day, and he send the late borrowers a letter.  Wow!  I couldn't make this stuff up.   This is very very very basic stuff.  We are still in collections kindergarten.  I believe we can do a lot better.  

Do you honestly believe that there is nothing more sophisiticated that can be done beyond sending the late borrower a letter?  My god.  The phone company has been sending late accounts a letter for a great many years.  This isn't an innovation!  

Furthermore, I believe that Prosper's future depends on it.  Not right away.  They're still rolling on momentum from "Gee whiz there's this new kinda lending" news stories.  That will last for awhile.  Eventually if collections doesn't improve, there will be no one to invest.

In summary, I don't buy the "can't get blood from a turnip" argument.  I just think its stupid and unsupported by the evidence.  

Fred93

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Re: positive interlude
« Reply #54 on: January 29, 2008, 04:14:38 pm »

1.  It may be that Doug Fuller is, in fact, doing the job he was hired to do.

That doesn't mean its happening fast enough to make us "happy".

In the 3 months that Doug has been at Prosper, I've personally had 12 loans default.   Real money.

ks6328

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Re: New Collection Agency - Amshare
« Reply #55 on: January 29, 2008, 04:26:01 pm »

I would submit that the inclusion and attempt to evaluate a new collection agency is very much a change made to benefit lenders and perhaps only indirectly benefit PMI.

Prosper came pretty close to saying that the only reason they're doing this is so that lenders will stop complaining.
 
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ira01

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Re: New Collection Agency - Amshare
« Reply #56 on: January 29, 2008, 07:09:54 pm »

I believe that if tested in court (IANAL and this is a nontyper clause), that the legality of the opt-out mechanism will withstand a court test, if it comes to that.  Besides, to sufficiently challenge any of this from a legal standpoint, you'd have to show actual damages to lenders and I don't see how the alternative that is proposed can be any more harmful to lenders.

I disagree with your first statement.  And while I agree with your second statement, because of the (IMHO) foolish manner in which Prosper is undertaking this change, Prosper is putting itself into a heads we win, tails Prosper loses situation.  Lenders can simply sit back and see how AmSher does.  If it does better than Penncro, great.  If it does worse than Penncro (as hard as that might be to imagine), then damages are pretty well proven.  And every lender who says they didn't receive the email can demand that Prosper pay them the difference between AmSher's results and Penncro's results. 

As an aside, I wonder whether Prosper's agreement with Penncro entitles Prosper to make this change.  If not, Penncro may well sue Prosper.
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HollowOak

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Re: New Collection Agency - Amshare
« Reply #57 on: January 29, 2008, 07:19:35 pm »

I would submit that the inclusion and attempt to evaluate a new collection agency is very much a change made to benefit lenders and perhaps only indirectly benefit PMI.

So you think an action designed to shut up a bunch of whiny lenders is only an indirect benefit to Prosper?  I feel quite the opposite.  Dealing with complaints takes time, effort, and is often a hassle.  Additionally, I think there's very little that Prosper can do to immediately gratify most of the complaints they get.  Also, keep in mind that Prosper instituted the 520 HR cutoff, simply because that segment of the market took way too much time to deal with, and generated the least return.  (They had the hardest time funding, and they were desperate, so they were a tax on Prosper's resources without any correlating compensatory revenue.)  So I submit that anything Prosper does to minimize non-income producing contact with its constituents is of direct benefit to them.

And do you feel that going forward, that possibly improved collection rates are only an indirect benefit to Prosper?  This marketplace survives primarily on lender ROI.  If that ROI is too low, lenders have no incentive to participate.  No participating lenders = no cash for Prosper.  So, I submit that it is directly to Prosper's benefit to take actions that increase lender ROI.

Besides, there's no guarantee that this collection agency will increase amounts recoverd.  I suspect that the recoveries will be marginal at best, as you cannot get blood from a stone, which is pretty much what we have here.

Egads, no, I was trying to head off a discussion of whether the change is beneficial to Prosper with my main point being that this change is intended to see if things can be improved for lenders.

The long and the short of it is that prosper is trying to make things better for lenders and lenders are whining that Prosper isn't keeping to the legal agreement. If Prosper keeps to the legal agreement, things will not improve.

I believe that if tested in court (IANAL and this is a nontyper clause), that the legality of the opt-out mechanism will withstand a court test, if it comes to that.  Besides, to sufficiently challenge any of this from a legal standpoint, you'd have to show actual damages to lenders and I don't see how the alternative that is proposed can be any more harmful to lenders.

I disagree with your first statement. 
Of course you would.

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And while I agree with your second statement, because of the (IMHO) foolish manner in which Prosper is undertaking this change, Prosper is putting itself into a heads we win, tails Prosper loses situation.  Lenders can simply sit back and see how AmSher does.  If it does better than Penncro, great.  If it does worse than Penncro (as hard as that might be to imagine), then damages are pretty well proven.  And every lender who says they didn't receive the email can demand that Prosper pay them the difference between AmSher's results and Penncro's results. 

As an aside, I wonder whether Prosper's agreement with Penncro entitles Prosper to make this change.  If not, Penncro may well sue Prosper.

I don't care a pennyworth whether Penncro sues Prosper or not. It's not my problem. My problem is that I want Prosper do do something about collections.

It's petty to jump up and down demanding the Prosper "do something" and then to jump up and down saying "but the agreement says they can't do that."  We can't have this both ways.
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lenderguy

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Re: New Collection Agency - Amshare
« Reply #58 on: January 29, 2008, 07:28:10 pm »

People gave me the "blood from a turnip" argument a year ago when I began complaining about Prosper's incompetent weak nonprofessional collections operation. 

That was me.  Keep in mind that when you read the following comments, they're geared to address the notion that simply replacing Penncro will significantly increase our returns.  I do not believe that will be the case.  I will be happy to be proven wrong.  It will only benefit us all.

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They were curing about 6% of 1 mo late accounts back then.  Now they are curing about 20% (of loans recently gone 1 mo late).  That's a big improvement.  Apparently the turnip has some blood after all. 

I disagree with you accounting, at least based on the numbers provided by Prosper here: http://www.prosper.com/help/topics/lender-collection_agencies.aspx

Look down at the Penncro section, and under "Last 3 months" the amounts brought current within one month in the three separate credit buckets are 7.26%/7.43%/5.6%.  That's a far cry from the "20% of loans recently gone 1 mo late" that you mention above.  (The numbers in the "lifetime" box are a bit better, but nowhere near 20%.  At least not for the group you reference.)  So, if you want to compare the most recent performance in the "one month late" category, the 3-month box is better.  And, those numbers are very close to the 6% that you reference above.

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Frankly, Prosper's early collections efforts back then were a complete joke.  They are now a little better.  There is no evidence at all to support the theory that the turnip now has no blood and they can't do substantially better than they are doing now.

Well... early on, we had no idea what the makeup of the old collections accounts looked like.  Since Prosper now breaks the performance down by credit grade, we can only guess what it looked like before.  (Compare apples to apples, if you will.) We had little data, and minimal guidance from Prosper.  Sub-520 scorex borrowers were allowed to borrow.  Back then, I very much postulated that some very very uncreditworthy borrowers were getting funded, and it would bite us in the ass.  And, since we were so early in Prosper's existence, it's not unreasonable to assume that prime borrowers took a little longer to become delinquent.  So, the early collections statistics were likely very heavily subprime.  (Hence my blood from a turnip references.)

Now, months after the fact, Prosper cutoff the sub-520 scores, instituted lender guidance, and made a few other changes.  It's entirely possible that the composition of the accounts sent to Penncro has changed.  In fact, if you compare the "last 3 months" stats to the "lifetime" stats, by $, you will notice that B-D borrowers in collection make up 5% more of the "3 month" pool than they do in the "life time" pool.  (In the lifetime late category, AA/A borrowers make up 10.5% of the pool,  B-D 48.2%, and E-HR 41.3%.  In the "3-mo" category, AA/A borrowers make up 10.9%, B-D 53.1%, and E-HR 36.0%)  Furthermore, if you want to look at the "old" pool vs the "new" pool, one could presumably subtract the dollar amount that is three months late from the dollar amount in the lifetime category, arriving at the dollar amount that was sent to collections, but excluding the loans bucketed in the three month late category.  Doing this, E-HR made up 54.6% of the value of the loans sent to collection, and B-D made up 36.1%.

If all of that is confusing, the summary is that is my attempt at showing that the makeup of loans being sent to Penncro now is of much higher quality than the makeup of loans sent to Penncro before.  One would expect that better quality borrowers have an increased tendency to pay on their own, regardless of collection activity.  Based on the change in composition of the collection pool, and Penncro's very marginal increase in performance in the one-month late category, it is my belief that Penncro's performance is in fact not better, and furthermore, that there is no evidence to support the notion that another collection agency will have statistically better results than Penncro did.

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I believe we can do a lot better. 

I sure hope we can do better.  The best thing we can do is stop lending to lousy borrowers, and in fact, that is already happening.  Changing the name of the company running the autodialer and mailing the letters won't change anything.

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Do you honestly believe that there is nothing more sophisiticated that can be done beyond sending the late borrower a letter?

Not within the current constructs of the lending agreements, no.  By that, I mean there is very little one can do within the 120 day period other than make phone calls, send emails, and write a few letters.  The fun doesn't start until the delinquent loan is accelerated, and the borrower has the potential to be taken to court.

Have you ever been on the receiving end of a collection agency's business activities?  I have, and let me tell ya, when ya got no job and no money, getting a daily call from the collection agency isn't exactly much of an incentive to pay.  Oh, it's *real* easy to not pick up the land line (the number smart borrowers give out on credit applications, and can easily disconnect when necessary) when your buddies are always calling you on your cell.

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Furthermore, I believe that Prosper's future depends on it.  Not right away.  They're still rolling on momentum from "Gee whiz there's this new kinda lending" news stories.  That will last for awhile.  Eventually if collections doesn't improve, there will be no one to invest.

Oh, I happen to agree with you there.  I just happen to believe that the future of Prosper collections is going to be in something similar to the collection agency test that they're running right now.  A situation where Prosper lenders benefit from the court action, and not the JDB.

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In summary, I don't buy the "can't get blood from a turnip" argument.  I just think its stupid and unsupported by the evidence. 

What evidence do you want to see?  It's an argument far from stupid.  I *do* believe that four months of phone calls, letters, and emails are quite ineffective for the subprime crowd, and they won't pay us with money they don't have.  The fun comes with garnishments and liens, something that the current arrangement doesn't permit.

So basically, I do agree that collections must be improved, and should be improved.  I just don't think they can be done within the current "box" if you will.  But I also hypothesized (and showed above) that as the market becomes less subprime, some improvements will occur naturally.  A more prime market with more effective techniques will improve returns.
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lenderguy

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Re: New Collection Agency - Amshare
« Reply #59 on: January 29, 2008, 07:36:13 pm »

The long and the short of it is that prosper is trying to make things better for lenders and lenders are whining that Prosper isn't keeping to the legal agreement. If Prosper keeps to the legal agreement, things will not improve.

When you have pissed off your client base as royally as Prosper has, the *only* recourse your clients have is to demand that you stick to your legal agreements, whether or not it's in the clients' best financial interests.  The term "cutting your nose to spite your face" comes to mind here.

Besides, if you want to make changes to your legal agreements, there are *proper* ways to do it.  I don't speak for ira, but it is my interpretation of his comments that he supports prosper's desire to change their lending agreements, but disagrees with the mechanisms they employ to do so.
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