Julia and Bunyip
I am sure you have been told this answer many times ...... Our original margin loan docs signed in 2002 States:
2.MARGIN CALLS ( I'm not shouting that's how it is typed in the contract)
If the margin loan equals or exceeds a certain percentage of the overall security value (see page 7) you will receive a margin call. You cannot just wait out any downturns in the market. You will have limited time to deal with any margin call, by either repaying to us enough of your facility or giving us more securities on our list. If you fail to act within the time periods specified in the terms and conditions then some of your securities may be sold so as to reduce the amount owing to an amount that does not exceed the base security value..
Note it does not say we will contact your financial planner it says "you" and that is the crux of the whole matter... I was not given a margin call.... they have not met the conditions of their contract... I did not get a margin call...... I don't know how that can be made any clearer to you all. They have failed to uphold their legal responsiblilty to issue a Margin Call to me!!!!!Everything else hinges on that fact.... simple contract law.....
Note: it also says "some of your securities MAY be sold" not WILL be sold without your knowledge!
I also believe the lawfulness of the scheme which was allegedly operated by CBA with Storm is the basis of the lawsuit which is ready to be filed by Levitts.
No, I don't believe we 'have been told this answer many times'. If we have, then I've missed it. Thank you Mash, for posting it here.
I note that the document says 'you will receive a margin call'. It doesn't say 'we will give you a margin call'.
At first glance it appears that the banks are putting the responsibility on themselves to contact you to let you know when you're in margin call. Nevertheless, it doesn't actually say that.
I'm not a legal person, but I'm guessing that this wouldn't hold much weight as evidence against the bank in a law court. A lawyer for the bank would argue that the bank made no claim that they would give you a margin call. Which in fact, they did not, if I interpret that document correctly. I suspect that the wording is sufficiently vague and ambiguous to let them off the hook.
Also, a smart lawyer might argue that the responsibility of the bank was to let your financial planner know of the margin call, since they were acting on your behalf. And that the bank fulfilled that responsibility, even though Storm Financial denies it.
Or the bank may simply say they phoned you and advised that you were in margin call.
I don't know if banks are legally bound to put margin calls in writing, or whether a phone call is enough.
I once got a phone call from my Futures broker to say I was in margin call on some Gold Futures contracts. It turned out that he had the wrong client - I'd never bought any Gold contracts. The point I'm making is that a phone call was their method of contacting me. Banks may or may not use the same methods of contact as Futures brokers - I don't really know.
I'm sure someone else posted a copy of the margin loan conditions of one of the banks on here many months ago. The document stated clearly, as I recall, that the bank had no responsibility to advise clients when they were in margin call - the responsibility lay with the client to monitor their positions to see when they were in margin call.
I'd welcome anyone else posting the terms and conditions of their margin loan, particularly what the document says about margin calls. It would be interesting to see if there's any difference between the various banks in how they word their documents.
I'm no apologist for the banks - I've repeatedly stated on here that I don't like them, I doubt if they're squeaky clean in the Storm saga, and they should have legal action brought against them if they can be proven to have done anything illegal.
If an investor was sold out of his investments without being given the opportunity of meeting a margin call, and if it can be proven that the bank failed in its duty to personally contact the client to advise they were in margin call, and if it can be proven that the client had the financial means of meeting the margin call and any subsequent margin calls that would have been made before the market started recovering, then the investor may have a case to sue the bank for compensation.
And if they do have a case, then it's perfectly understandable and reasonable that they would have a crack at the bank concerned. I'd probably do the same in their situation.
However, there's a number of 'if's' in there, and most of them won't be easily proved.
I suspect that most Storm clients would not have had the financial means to meet a margin call even if they received one, let alone meet a second or third margin call. Being sold out when they did may have saved many of them from even heavier losses if they'd been allowed to stay in the market longer.
It's oh so easy for Stormers to say it's all the banks fault for lending us so much money, and for not letting us know when we were in margin call. What's conveniently forgotten is that the losses to their net worth were already significant, indeed catastrophic for many of them, by the time their accounts went into margin call. What also seems to be forgotten is that these big losses to their net worth were a result of Storm Financial selling them into a highly risky strategy that was an accident waiting to happen as soon as the stockmarket ran out of steam. And further that they, the clients, accepted this strategy without thoroughly assessing the pros and cons of it.
For these reasons, it's completely unrealistic to swallow the Cassamatis line that it's all the banks fault. He, of course, will be delighted with anyone who is gullible enough to believe him.