The FCA’s tailored regulation of P2P Lenders is for the benefit of everybody

A theme that has begun to emerge in alternative finance article headlines at the moment is that there is a perceived love-in between the FCA and peer-to-peer lending, with George Osborne an enthusiastic Cupid-like figure matching the two. The regulatory body has come in for criticism from the old guard that believe the old scourge of the banks has gone soft on the new “tech” whizz kids on the block. This isn’t helped by the frequently-cited, well-intentioned-but-slightly-undermining quote by economic secretary to the treasury Harriet Baldwin that government and fintech share a “beautiful friendship”.

George Osborne

 

Yet there are incongruities between news article headlines and article content. Take John Thornhill’s article, published in the Financial Times last week, which began with the suggestion that “a watchdog with the ‘right touch’ sounds ominously like one with a ‘light touch’ “, before proceeding to make some very reasonable points on why the FCA applies slightly different regulatory procedures to start-ups and small cap businesses than it does to centuries-old banking institutions. Throwing the same rule book would crush every start-up under a mountain of excessive regulation and process, and would negate much of the innovation sorely needed to replace the antiquated banking practices. The FCA’s “approach” should be commended as forward-thinking- let’s remember that it really is just an approach at the moment as the majority of the platforms are still in the midst of the lengthy and detailed regulatory process that certainly doesn’t feel light touch.

The revelations coming from the States regarding Lending Club have done nothing to dampen criticisms of the FCA/peer-to-peer perceived cosiness either. Yet it is the willingness for the FCA to work directly with peer-to-peer lending platforms that has, and will, prevent the blatantly reprehensible behaviour that wasn’t detected initially in the States; there, the industry has been regulated under a blend of existing consumer and banking regulation that has proven to be unsuitable. Working to tailor the regulation to the peer-to-peer sector will prevent swathes of old-fashioned banking malpractice carrying over to modern finance. Renaud Laplanche, by acting in his own self-interest, assumed a guise firmly rooted in the past, not endemic to the burgeoning P2P sector that prides itself on transparency and openness.

Every platform will now be keen to highlight the differences between themselves and Lending Club, although there will have been many who, this time last year, would have been perfectly happy to seek comparison with one of the biggest players in the global sector. However, if all must be tarred with the ubiquitous “Fintech” brush then there is one obvious point to make from a UK peer-to-peer lending view. We are very much the “fin” side of the portmanteau as true providers of alternative finance – the “tech” only applies to the platforms used to facilitate loans. Unlike Lending Club- which initially positioned itself as a social networking service and developed an algorithm called LendingMatch to identifying common relationship factors such as geographic location, educational and professional background, and connectedness within a given social network to match lenders with borrowers- UK platforms are not primarily algorithm-driven and rely on due diligence processes at least as thorough as those of the banks to vet borrowers. But the Lending Club debate shouldn’t necessitate these explanations- this is (possible) criminal activity from a senior management team undoubtedly out to furnish their own pockets. The FCA will continue their stringent, tailored regulation of the industry to prevent this happening over here, regardless of the baseless accusations that they’re cutting corners to appease the government.

 

Disruptive Fintech, the FSCS and the World Economic Forum: busting some Peer to Peer Lending myths

Barely a day goes by without some media coverage on the Peer to Peer Lending sector. The good news is that knowledge of the sector continues to grow, to such an extent that the standard sporadic “What is Crowdlending” articles indicative of a nascent sector are being replaced by up to date reporting of relevant industry news. Coupled with increased coverage in mainstream print and digital media has come an increase in independent industry reports. This year has seen (to name only a few) Citi’s “Digital Disruption” report, KPMG’s “Pulse of Fintech” and the annual Nesta Alternative Finance Guide, all using statistical data to shed light on the trends and outlook for peer to peer lending.

However, the news concerning the application of the Financial Services Compensation Scheme (FSCS) to peer-to-peer lenders is an example of a grey area that can emerge from misleading reporting. The FT Adviser article by Laura Miller published on 18.4.16 and titled “FSCS reveals how it will consider P2P claims” gives an accurate representation of what the FSCS has said in its report, but fails to deduce the significance (if any) behind a potential ruling. The FSCS was brought in to protect the savers who put their money with banks, who in turn would lend out the money without the discretion of those savers. Peer to peer lending gives individuals the chance to choose to whom their money is lent, on what terms and rates, and how much. They know the risks and mitigate these risks accordingly by lending to many projects, and even across many platforms. Now for a platform such as RateSetter, which chooses where the money is dispersed, the news that the FSCS will cover up £50,000 of defaults may come as good news, although their provision fund covers this anyway. There is also an issue with the wording- the FSCS will pay out only if “bad advice” is deemed to have been given. I don’t need to tell you why such woolly language is wholly unsuitable for financial compensation schemes. The FSCS was set up to apply for the banks and it should stay that way- instead of massaging an unsuitable solution to fit peer to peer lending, another form of protection could be made available to lenders over P2P platforms. The less said about FT Adviser’s choice of interviewee, the better- another case of an IFA dinosaur using scaremongering tactics. He chooses to neglect the fact that P2P platforms’ due diligence on potential borrowers is as thorough as the banks- ArchOver even has the benefit of a second opinion from the credit insurers.

Which leads me onto the World Economic Forum report written in conjunction with Oliver Wyman. The report warns that consumers could face big losses from peer to peer lenders; “even if alternative sources of credit are monitored appropriately, many actually shift risk to the end consumer – which has the potential for sizeable losses to be directly incurred by average investors who may not understand the product or its associated risks.” The FCA regulation that will come into place for peer to peer lenders should help dispel some of these fears. Investors already are well aware of any risks involved in lending over platforms, as there are risk warnings at every stage of the process. And the FCA will do more to ensure that investors need to be HNWI or educated investors to invest with large single payments, despite in doing so slightly undermining the democratic processes of lending.

Peer to peer lending gives people a chance to throw off the shackles of the bank and escape from the miserable interest rates on offer, or paying the 1% management fees that wealth management charge for riskier investments into the likes of equity markets (for a poor return in the current climate). All this with the benefit of credit insurance, provision funds, the confidence in joining a crowd of institutions (family offices, schools, councils, banks etc.) and other individuals in lending to a business. And these individuals should not be patronised or considered naïve- the general demographic is very much aged 55+, ex-directors and professionals who are careful with their savings and conduct their own checks on who they are lending to. Yes, there has to be a certain amount of trust and research done on the peer to peer lender chosen- they do that as well.

And it isn’t just critical articles concerning alternative finance that are oft inaccurate- some of the “pro-Fintech” articles seem to be barking up the wrong tree as well. Take Matthew Lynn’s comments in the Telegraph this week, for instance. I share his enthusiasm for fintech’s potential, but it really isn’t about bashing the banks- as has been said many times before, banks and fintech platforms will work together in the future for the benefit of borrowers and lenders alike. Banks will continue to lend alongside individuals and smaller institutions on the ArchOver platform, at the same rates and same terms- it really is all about democracy. The banks will learn a lot from working with fintech, just as fintech can benefit from the wealth of experience and vast networks the banks have.

 

In defence of Fintech

Head of Ernst & Young’s FinTech department, Imran Gulamhuseinwala, recently asked if anyone was actually using FinTech. His question, whilst flippant in tone, raises a couple of issues with both the conceptual definition and the uncertain future of “FinTech”. The word is a rather nasty portmanteau that covers a broad spectrum of businesses that have attracted around $12 billion worth of investment in the last year alone, ranging from crowdlending platforms to payment software and digital currencies, and then the rest. Advocates of the virtues of FinTech bristle at any suggestion of a repeat of the “Dot-Com” bubble, yet you can’t ignore the sense of déjà vu as every man and his dog tries to get a piece of the action, with valuations skyrocketing as a result. Saying that, the drop in venture capital funding for technology businesses at the end of 2015 looks to continue into 2016, although that will be in “number of transactions” rather than a drop in dollars pledged. Companies and sectors that have ridden the FinTech boom may be first to distance and reinvent themselves should the bubble burst. Efficacy is the name of the game for FinTech, and yet there are worries that software is being developed without a clear sight of what it will actually be used for. That will always be the case with technology, and it isn’t to say that there are plenty of instances where financial technology is working very well. It is therefore ludicrous to suggest nobody is actually using it in one form or another.

It is true that reviews of FinTech tend to come from the providers extolling the virtues of the technology, rather than from actual users. However, accountancy firm Ernst & Young produced a survey revealing that 14.3% of UK “digitally active customers” are using FinTech; one in seven isn’t a bad ratio for a nascent industry and leaves room for more involvement, which will continue the growth. Whilst there is certainly a supply glut, the payments sector will trim itself down through a simple process of “survival of the fittest”, and in the peer-to-peer lending and crowdfunding spaces there will have to be a more painful process of consolidation. “Democratisation” away from the banks will be through competitors with brands stronger than their balance sheets: more Funding Circle’s and Ratesetter’s, in other words. Standard & Poor’s December report on “The Future of Banking: How FinTech Could Disrupt Bank Ratings” alludes to as much; the big banks will swallow up the smaller fry by saying that “acquisitions will largely be limited to small players, especially in light of strengthened regulatory capital requirements for banks, and gaps in valuation metrics between FinTech players and banks”.

Kadhim Shubber’s response to the S&P report for FTAlphaville raises some good points, but I take issue with the general tone of the article which seems to belittle financial technology as a series of potholes that littler the smooth tarmacked autobahn of banking brilliance. I agree that “the largely unregulated nature of FinTech at some point is likely to come back to bite”; however he doesn’t mention the willingness of FinTech businesses to be regulated. FCA regulation may come sooner rather than later in Peer to Peer Lending, something that the naysayers have also taken umbrage with, arguing that the FCA has forgone its primary role as the strictest of regulators in order to help shift business away from the banks; he may have a point there. Yet FinTech, for Shubber, is a just a nifty opportunity for savvy entrepreneurs to get rich before the banks step in to clean up the competition. FinTech companies wear “big, frightening costumes in an attempt to scare established players into taking you out, at a hefty premium of course.” He cynically portrays the partnership between OnDeck and JP Morgan as an example of a FinTech company “eager to offer up their technologies to large banks who are willing to give them the credibility of a partnership”, instead of a bank seeking to evolve with the times and in doing so putting itself ahead of many of its peers. Read this article published by Reuters for a fairer view of the JP Morgan/On Deck deal than Mr Shubber provides us with. Nobody in their right mind believes the waffle the FinTech will “kill off” the banks; they are already working alongside each other or in partnership and long may it continue.

Rubbish
It is lazy, inaccurate marketing tripe like this that gives people the wrong ideas: Banks and FinTech are already working together and will continue to do so