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Jersey Consumer Council

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Peer-to-Peer Lending Explained

September 6, 2017 Banking, Consumer Skills, Money Matters No Comments
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Peer-to-peer lending, also known as Private Lending, involves matching up investors, who are willing to lend, with borrowers – either private individuals or small businesses. We are sharing this article with you to raise awareness that peer to peer lending is a private arrangement and comes bearing significant risks; attractive as a solution but be cautious and understand exactly what you are signing up to.

By cutting out the middleman and not having the overheads of traditional banks, peer-to-peer lending may offer more favourable rates, or help borrowers who have struggled to get a personal loan elsewhere.

What are the risks as an investor?

By being connected directly to someone who wants to borrow, the most immediate risk to your money is if a borrower fails to repay what you’ve lent them (known as ‘defaulting’).

Your money is also not protected by the Depositors Compensation Scheme which guarantees your savings with Jersey banks up to the value of £50,000.

 

What are the risks as a borrower?

  1. Loans are usually granted on an interest-only basis (meaning you repay no capital) and for a short duration, typically 1 to 3 years.
  2. You would normally still need to have a deposit, or a stake in whatever property you’re putting up as the asset (sometimes called the security).
  3. At the end of the term, the loan is either paid off by some means, such as replacing with a conventional bank mortgage or selling the property, or in some cases the loan can be renewed for a further period. Take care, if you have struggled to obtain a traditional mortgage and your financial situation has not improved you have no guarantee of obtaining a traditional mortgage at the end of the term to enable you to continue to live in the property. What will you do if the value of the property goes down?
  4. Interest rates can vary, depending on the lender and their appetite or consideration of the risks involved.
  5. While the rate of return may be favourable to the investor/lender, the interest rate for the borrower can be higher than high street lending and much higher arrangement and early redemption penalties.
  6. Borrowers may intend for the loan to be a short term, interim solution before moving to mainstream mortgage lending but if they are still in the same circumstances at the end, the loan can be rolled over (and over) which just continues the difficulty.
  7. We strongly recommend that you ask any lender about the Jersey Code of Consumer Lending; this is a voluntary or ‘self-regulatory’ code, which sets standards of good lending practice. These standards seek to ensure that Jersey consumers are treated fairly and that the opportunities for taking on excessive financial commitments are reduced. The Consumer Council is working hard with industry, Jersey Financial Services Commission, Citizens Advice, Trading Standards and the Financial Services Unit, Chief Minister’s Department to update the Code and to raise awareness of its importance as it provides various safeguards for consumers. The Financial Ombudsman will take codes of practice into account when determining a complaint. The Code exists even whilst it is being updated, it can be found at this link gov.je/tradingstandards/consumerlending and remains fully relevant.
  8. The Channel Islands Financial Ombudsman (CIFO) is an independent organisation that resolves complaints about financial services with powers to investigate complaints and award compensation. If you take a loan from an individual, rather than a lending business, you may not be able to complain about them to CIFO. Contact details ci-fo.org and 01534-748610.

What advice do we have for consumers?

Ask yourself why it is important for you to take on additional risk with peer-to-peer lending?

Will your financial situation improve with hard work over time so you can access the traditional mortgage market?

Do you have other housing options? Possibly rental

Our advice is to get professional, qualified and independent legal and financial advice before making any decisions. Don’t let the excitement of a new home cloud your judgement on such a large long term financial commitment. This may be the largest financial decision you ever make – don’t let it be the worst!

Make sure you have a professional valuation on the property you are thinking of buying. Consider if your property will be adequately insured – life insurance, critical illness, building and contents?

Terry Vaughan, Director, Head of Risk and Compliance at The Mortgage Shop and Henley Financial highlighted that If you’re a borrower, your lawyers need to make sure the person granting the loan has the authority and legal right to do so. Your professional adviser will also check on source of funds for the loan being proposed. You also need to ensure the terms are suitable for you. You need to be aware of the repayment schedule and be sure that it is within your budget”

 

Reference

http://www.which.co.uk/money/investing/types-of-investment/guides/peer-to-peer-investing/peer-to-peer-lending-explained


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