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Re: Equititrust: COLIN KRUGER of SMH or ASIC - can you answer me, please?

Only six questions - these are simply raised as the latest EQUITITRUST PDS (see their webiste - www.equititrust.com.au) states and I quote:-

Mark McIvor: We are particularly distressed at the insinuations that we have put our interests ahead of investors. I can assure each and every investor that this is not the case. Every decision we make puts the interests of investors first.

So, in the interests of balance, I have asked on behalf of all investors (sorry, except OZAD, OLAN and KATIE, who for the record advise that they are very happy and all their questions get answered by the really nice friendly people at Equititrust) who may have some trouble accepting the contention or lets assume they don't know, have a right to know, these six questions (if they are rude, offensive, personal, nasty or a bit too probing - I apologise in advance):-


Q1: Why did Equititrust borrow and therein grant FIRST RANKING security (ahead of our interests, ie: investors) to National Bank, Commonwealth Bank and Bank of Scotland, over $150MILLION pushing all investors into second ranking security, at one stage behind a mountain of debt exceeding $150Million, and , as at today, still some $50Million in default loans to Banks?

Q2: Acceptiing that 'gearing' the loan book and allowing it to grow and make more interest margin and fees etc for Equititrust,was a profitable move for McIvor, how was such a policy in any way in the interests of investors, who simply stood to get the same agreed interest on their investments, such investments were meant to be secured against prime mortagge securities, over which 'we' held first mortgage?

Q3: When the Banks asked for their money back (which despite Equititrust rants, they were entitled to do), why did Equititrust de-nude cash reserves by fully paying out the Commonwealth Bank and substantially paying down the National Bank? How did this policy help investors or put their interests first and foremost? I accept that it ensured the survival of Equititrust for the benefit of Equititrust shareholders and managament, yet how did it assist investors interests?

Q4: We hear much about Equititrust's sub-ordination investment of $40million and how we should draw some obscure comfort from it. ( I say obscure because it hasn't helped many of us get paid back after 2 years) Did McIvor or Equititrust ever actually invest by way of advancing and investing $40Million of real money? I mean 'real money' in the same way as investors advanced their real money, or was the investment some paper 'journal entry' accounting, in the same vein as Allco, MFS.

Q5: Equititrust pays itself a very high interest rate (I recall something in the order of 24% (3 times what we get) ) on its own 'investment' (assuming that as per Q4: it is an actual investment) and a very large amount (I dont recall the exact amount) of managment fees. I think a total of about $15Million a year. With in excess of $40Million of investors having to plead hardship to get some repayment of their own capital (and still not getting it!), how does the payment of $15million from one's left hand to one's right hand, when investors are 'begging' for their money to be paid back, possibly align with McIvor's comment :- our interests ahead of investors. I can assure each and every investor that this is not the case. Every decision we make puts the interests of investors first.

Q6: How did the recent PDS (banned by ASIC and had to be withdrawn) which sought to raise $50Million of new money (when there is over $40M of old investors that can't be paid back right now , for last 2 years) , which as we now all understand was to repay the National Bank, and plonk some new (presumably higher rate lender) into first ranking security position ahead of all existing and legitimate investors, possibly benefit existing investors and align with McIvor comment about investor's interests being considered first and foremost?
 
Re: Equititrust: balanced and to the point

balanced and to the point.......

Olman - I do believe that you are a genuine investor and Katie - I’ve seen one other post akin to yours earlier when Equititrust was under the pump by media - nevertheless, I will give you the benefit of the doubt.

However, Kostage does point out some serious issues that can’t be put to bed -
And Kostag - id love to hear a source for this, is Equititrust really trying to flog assets?
 
3 Months Cash Remaining

In terms of the 3 months cash remaining, I believe the time period referred to in the (Sydney Morning Herald Article by Colin Kruger on 10 January) related to cash available when the PDS was launched.

Despite Equititrust's (other statements) and ample opportunity to make a statement to investor's on this issue. Nothing has been said to clarify the position or put the investors’ concerns at ease.


The article was published more than a month ago and if the statement was materially incorrect, any company would make a public statement and or publish a clear and concise denial on their own web site. Equititrust has not done this .
 
Questionable Loans

How does Olman know that the other "supposed Equititrust" investor is genuine.. In the same context when Equititrust were challenged to prove that Olman was a real investor and not Equitititrust themselves they couldn't .I have serious doubts and will give you an example below of how Equititrust is trying to control debate or comments on the web, by posting under assumed names.

http://www.goldcoast.com.au/article/2010/10/26/265891_gold-coast-business.html

Read through the reader comments and you can clearly see Equititrust’s hand at work again trying to protect its now very tarnished image.

The accusations that all people with genuine concerns are Failed Developers is another feeble defense mechanism from Equititrust. On proper analysis though, and discussions with senior executives in the banking and finance industry, the overwhelming conclusion is that, with a loan book approaching an 80% default rate and a fund that has been frozen for well over 2 years Equititrust has now fallen into the category of a Failed Financier.


The withdrawal of 3 major banks from any company is a harbinger of things to come. All of the Gold Coast mortgage funds crowd, Asset Loan, City Pacific and MFS and now Equititrust cried the same old story of the media attacking them etc etc. The fundamental question though is the way the companies conducted their lending and managed their exposure.

A previous post has mentioned that Equititrust has a substantial exposure to a Quinlivan in Ipswich.


If this is the case and it is a Dudley Quinlivan or his companies, who was named in Queensland Parliament as King Con (Widely reported in the press) for the 2 tiered real estate marketing scams, was recently banned by ASIC for acting as a company director and has been a multiple bankrupt going back many years, then Equititrust, has some serious answering to do to its investors.


Hopefully the new statement in regard to loans in default will clarify whether a single dollar was ever lent to Dudley Quinlivan.

A simple statement by Equititrust, maybe here or on its website, as whether loans were ever made to Quinlivan or his companies and whether they make up any part of the current loans in default would also ally investors’ fears as to the lending practices of Equititrust.
 
Equititrust has breached its loan covenants with the NAB - read more on their website. Benchmark Update 31 December has been released. What a fail. + Still not liquid, and given the lack of incoming funds (i.e. ASIC putting a holt on the 50m raise)... I think we should be worried. + Three year old valuations? seriously.. Wake up and smell the sunshine!
 
Re: Questionable Loans

Heard they have at least a 50m exposure to Dudley - maybe that's the large 54m loan.

How does Olman know that the other "supposed Equititrust" investor is genuine.. In the same context when Equititrust were challenged to prove that Olman was a real investor and not Equitititrust themselves they couldn't .I have serious doubts and will give you an example below of how Equititrust is trying to control debate or comments on the web, by posting under assumed names.

http://www.goldcoast.com.au/article/2010/10/26/265891_gold-coast-business.html

Read through the reader comments and you can clearly see Equititrust’s hand at work again trying to protect its now very tarnished image.

The accusations that all people with genuine concerns are Failed Developers is another feeble defense mechanism from Equititrust. On proper analysis though, and discussions with senior executives in the banking and finance industry, the overwhelming conclusion is that, with a loan book approaching an 80% default rate and a fund that has been frozen for well over 2 years Equititrust has now fallen into the category of a Failed Financier.


The withdrawal of 3 major banks from any company is a harbinger of things to come. All of the Gold Coast mortgage funds crowd, Asset Loan, City Pacific and MFS and now Equititrust cried the same old story of the media attacking them etc etc. The fundamental question though is the way the companies conducted their lending and managed their exposure.

A previous post has mentioned that Equititrust has a substantial exposure to a Quinlivan in Ipswich.


If this is the case and it is a Dudley Quinlivan or his companies, who was named in Queensland Parliament as King Con (Widely reported in the press) for the 2 tiered real estate marketing scams, was recently banned by ASIC for acting as a company director and has been a multiple bankrupt going back many years, then Equititrust, has some serious answering to do to its investors.


Hopefully the new statement in regard to loans in default will clarify whether a single dollar was ever lent to Dudley Quinlivan.

A simple statement by Equititrust, maybe here or on its website, as whether loans were ever made to Quinlivan or his companies and whether they make up any part of the current loans in default would also ally investors’ fears as to the lending practices of Equititrust.
 
Shonky Loans to Shonky Developers ?

If it is the case, that there is a substantial exposure of "investors money" to Quinlivan or his companies then Equititrust's credibility has completely evaporated..
 
Re: Shonky Loans to Shonky Developers ?

Thankyou NOTRUST Just got off phone from my well connected Brisbane advisor who told me Equititrust has a huge exposure to Quinlivan and at one stage Quinlivan was bragging that he was running some Equititrust default projects and getting paid millions to do so. My contact will get the details tomorrow. This is a nightmare. QUOTE=No Trust;612754]Did Equititrust lend this individual any money??? I hope for all the investors' sake that it isn’t true. If a single investor's dollar was lent knowing the background of Quinlivan as reported below, then Equititrust needs to be held to account..


Quinlivan unfit to direct companies Anthony Marx From: The Courier-Mail January 01, 2011 12:01AM


http://www.couriermail.com.au/ipad/quinlivan-unfit-to-direct-companies/story-fn6ck2gb-1225979578562[/QUOTE]
 
:mad: Wow - amazing volume from the failed developer brigade! Since Kostag pays no attention to facts, I see no point in specifically responding to him and his six unreasonable questions, but I have done a trawl through this thread and gathered the following relevant points which throw some light on a few misconceptions:

Equititrust: 18 November 2010:
Equititrust Ltd has taken no dividends whilst the fund has been frozen and has received no net cash distributions on account of its subordinated yield. Almost all of the yield on the subordinated investment of circa $10m has been utilised to fund impairments on various loans in order to shield such impairment from investors. The balance has been used to fund operating costs (for which the management fee is insufficient). Whilst Equititrust is entitled to use its principal subordinated investment to absorb such impairments and take the cash distribution it has not done so. It has made a conscious decision to leave its subordinated investment at $40m in the Income Fund and to use its distribution instead to absorb such impairments and operating costs which could have been charged to the funds. There can be no doubt this has provided additional protection to investors over and above what is required;

doctorj: 20 November 2010:
[Originally Posted by kostag:
Correct: far better to negotiate an instalment repayment program with regard to your NAB debt than to have it called up etc, however the question or statement was, that clearly the NAB is being repaid in prioirity to repayment to investors. That was not denied, so presumably, the confirmation is that investors capital repayments in fact rank last.]
Not sure of the structure of EquitiTrust and your investment, but in every single deal I've seen debt is senior to equity and quasi-equity (in fact, it's the point of debt...)

Olman: 23 November 2010:
I rang Equititrust yesterday and spoke to CEO David Kennedy and CFO Sid Super about the issues surrounding the Return on Subordinated Investment (RSI). They say that these funds for the past 3 years have been largely applied to impaired loans. There are no compensatory arrangements or fees payable to Equititrust for this facility, and they do not regain the funds foregone.

The RSI for the last 3 years has totaled in the vicinity of $40m. $30m has been applied to impaired loans, with the remainder being used to pay administrative costs over and above the annual administrative fee.

The 2010 Annual Report states impairment losses of $1.85m which is the current actual level of impairment (after application of the RSI). While any impairment is unwelcome, this figure represents .73% of the total loans. If the RSI was not applied to the impairments the level would be of greater concern.

Re Kostag’s post today, the Bank of Scotland loan mentioned in the news article is a loan within the Equititust Premium Fund (EPF) and does not apply to the Equititrust Income Fund (EIF), except insofar as statements about mergers are concerned.

Olman: 24 November 2010:
Equititrust has to find $20m to pay off the Bank of Scotland, or merge the two funds. If the capital raising succeeds, I imagine it would be used in the first instance to retire this debt. In effect it would result in a debt swap from BOS to the new corporate bond holders.

It is logical that this debt would be secured ahead of unitholders, along the same lines as in DoctorJ's earlier comments: ".... debt is senior to equity and quasi-equity (in fact, it's the point of debt...)". That's business. There is no loss to unitholders by this action - it's a debt swap.

The impairment losses were $30m, not $40m. Because the RSI payments were applied to these losses, they have been accounted for and the $40m capital guarantee remains unmolested to date.

Olman: 06 December 2010:
[Kostag: if last year and 2008 are anything to go on, over $14million to Equititrust Ltd.]

The $14m was the Return on the Responsible Entity's Subordinated Units (RSI) as described on p4 of the 09/10 Financial Report. The order of priority of payments (on the same page) show that these funds can only be paid if there is any surplus after actual expenses of the EIF, distributions to members, and management fees, are paid. Obviously this sum varies according to the financial circumstances in any one year, and is itself subject to the solvency of the EIF. If there is no money left after expenses, distributions and management fees, there is no return. Again, as stated in my post of 23 November, "these funds for the past 3 years have been largely applied to impaired loans. There are no compensatory arrangements or fees payable to Equititrust for this facility, and they do not regain the funds foregone". Equititrust Ltd could have legally taken these funds for their own use and left the impairments to erode the value of the subordinated investment and investors' funds. It has to be said that Equititrust's application of the RSI to impairments is a demonstrable act of good faith.

The Financial Report clearly shows on p8 under Liabilities that there is around $39m total liabilities at 30 June 2010, which includes the $35m NAB loan which is scheduled to be completely repaid by 01 Sept 2011. Thereafter, the EIF is substantially debt free.


**************************************************************
There's more..... but those who really want to know the truth can go back and find it in posts other than Kostag's or NoTrusts. While there are a few pages to skim, the relevant posts are few once the trash is skipped. I think I have demonstrated the point that the same old manure keeps being tossed about, regardless of replies pointing out the realities.
 
I just spoke to a confidential informer I know in Brisbane whose ex-best friend's girlfriend's brother's dog's vet says the Equititrust loaned money to someone who was seen on the grassy knoll in Dallas in 1963. If this is true then the US government needs to get involved in this ASAP.
 
I just spoke to a confidential informer I know in Brisbane whose ex-best friend's girlfriend's brother's dog's vet says the Equititrust loaned money to someone who was seen on the grassy knoll in Dallas in 1963. If this is true then the US government needs to get involved in this ASAP.

ROFLMAO! Captured the mood nicely! :bier:
 
Equititrust - Stockholm Syndrome

The realities relating to Equititrust are the fact that the investors’ money has been frozen for over 2 years.. 80% of the loans will fall into default and ASIC intervention stopping the 50M rescue of the Income Fund. Every finance facility Equititrust has had with a major bank has been withdrawn.

Show those fundamentals to an analyst anywhere in the world and they will have grave concerns. Equititrust's own auditors, KPMG have been obliged to state in the company's 2010 financial accounts that "there is material uncertainty regarding its continuation as a going concern".

As for the Equititrust cheer squad, if they are Investors ??, which everyone reading this thread seriously doubts, they seem to be suffering Stockholm Syndrome from their money being held hostage for so long..


If they are so confident about the future of Equititrust, why don’t they throw some more money in to the pot.. Oh, hang on, there are no more PDS Statements on the Equititrust Website after Equititrust was forced to have a little talk with the Corporate watchdog ASIC..

Simple fact is, to survive, you have to have inflows of investors’ money and then lend that money out. Equititrust at the moment does not even have the capacity to raise a single dollar from the public whilst their PDS are withdrawn and have themselves stated that they are not making any new loans. So what you have is a company left to languish whilst the investors are strapped to their backs...

The Australian Financial Media see it, the Australian People see it from the extensive coverage, the only ones that don’t, are Equititrust and its sycophants / themselves posting on this web site.

Another Gold Coast Fairy tale in the making..
 
As the administrator of ASF I feel it is my obligation to point out to those reading this thread that the user names Equititrust Ltd, Buffettman and Ozab have all been logged into from the same PC. I am aware of this because we employ sophisticated measures to detect those operating multiple accounts.

Whether or not all these accounts are being operated by the same person is something I cannot be absolutely certain of.

The accounts Equititrust Ltd and Buffettman were previously suspended for violating the ASF Terms of Use and now the account Ozab has likewise been suspended.

I suggest that all those participating in this thread take a moment to review this thread: https://www.aussiestockforums.com/forums/showthread.php?t=6397

I would also ask all thread participants to not resort to personal attacks but to stick to discussing the facts of the situation.
 
Equititrust Stooges Confirmed by ASF

Thank you Aussie Stock Forums for confirming what we have all suspected. Not only is ASF an excellent Web Site which gives genuine investors a voice, it’s monitoring of people or in this case, Equititrust is excellent...

What is incomprehensible though, is that a company who has over 200M of mostly retiree investor money would engage in such conduct over the internet.

A review of Buffetman's and Ozab's posts from Page 1 onwards clearly shows that their intent was to mislead people reading this thread into believing that they were someone else other than Equititrust. I assume now that all and sundry will be accused of being failed developers for revealing this truth.


It’s one thing to give your point of view, everyone is entitled to their opinion and assessment of the facts, however to use multiple accounts and misrepresent who you actually are over this Forum is deception of the highest order.. Especially when genuine Equititrust Investors are reading this thread and trying to get a grip on what is happening..


Not only is this revelation a breach of ASF rules, I believe it is also a material breach of the Trade Practices Act as well as the Corporations Law.

This level of conduct, over the internet, by a Corporation and its Officers (which is allowed to raise money from the Australian Public) is unconscionable.

WHO at Equititrust condoned this ?? McIvor or Kennedy…
 
EQUITITRUST OUTED! OZAD BUFFETMAN OZAD

I imagine all investors expected that at some stage, this FORUM would become a legitimate exchange of questions and flow of information, provided under annonymity that a number of us required, between EQUITITRUST and CUSTOMERS/INVESTORS.

I recently posted 6 reasonable questions which resulted from the latest PDS posting by Mr McIvor, and all we then saw from postings now attributed back to EQUITITRUST themselves was mocking and derision.

Someone raises yesterday the issue that the notorious DUDLEY QUINLIVAN may have borrowed circa $50M from Equititrust. I make a check with a third party and post a confirmation that an independent advisor in BRISBANE confirmed this to be the case. Now simply, any legitimate business operation with nothign to hide, would simply respond, YES or NO. Yes - we have an exposure to QUINLIVAN GROUP of over $XXMillion and that loan is in default/under control/ being repaid etc.

No - what we get from either the PC of Mr McIvor or Mt Kennedy is some mockery about sisters and cousins and grassy knolls etc. Frankly, it shows the true concern that this company has for its investors.

OLMAN is another Equititrust 'plant'. Someone called Katie posted some 'polly anna'ish' drivel, and OLMAN embarks on a campaign of thanks and congratulations on such insightful revelations. "Will that be more sugar coating with those fries, mam?"

However, when faced with my 6 questions (which I note that he has no obligation to answer) he fills about 50lines of space referring to some old web postings etc - but just won't go near the 6 questions. No-one from Equititrust will go near those 6 questions - why not? because they know that the PDS statment is simply untrue and the factual evidence is that INVESTORS' INTERESTS have been placed very much secondary in all EQUITITRUST DECISION MAKING since 2008.

EQUITITRUST, you can rant and rave as much as you want. You are the masters of spin. It has all caught up with you. It is time to start to provide some facts, not ladle out drivel.

I (and imagine all legitimate posters) who have business dealings with EQUITITRUST will be offended and gutted by the current position and the "outing" by JOE BLOW.

I suspect that the MEDIA will and can quite legitmately have a field day with this - if only to simply refer their readers to www.aussiestockforums.com and this thread - perhaps pitning out to readers that postings under the names of EQUITITRUST, OZAD, OLMAN and BUFFETMAN have all emanated from the same PC.
 
Re: Equititrust Stooges Confirmed by ASF

HEAR! HEAR!

Thank you Aussie Stock Forums for confirming what we have all suspected. Not only is ASF an excellent Web Site which gives genuine investors a voice, it’s monitoring of people or in this case, Equititrust is excellent...

What is incomprehensible though, is that a company who has over 200M of mostly retiree investor money would engage in such conduct over the internet.

A review of Buffetman's and Ozab's posts from Page 1 onwards clearly shows that their intent was to mislead people reading this thread into believing that they were someone else other than Equititrust. I assume now that all and sundry will be accused of being failed developers for revealing this truth.


It’s one thing to give your point of view, everyone is entitled to their opinion and assessment of the facts, however to use multiple accounts and misrepresent who you actually are over this Forum is deception of the highest order.. Especially when genuine Equititrust Investors are reading this thread and trying to get a grip on what is happening..


Not only is this revelation a breach of ASF rules, I believe it is also a material breach of the Trade Practices Act as well as the Corporations Law.

This level of conduct, over the internet, by a Corporation and its Officers (which is allowed to raise money from the Australian Public) is unconscionable.

WHO at Equititrust condoned this ?? McIvor or Kennedy…
 
Re: Equititrust: LEGITIMATE PARTIES

I think that we can now safely say that any LEGITIMATE customer, business partner, client, investor and borrower, can now safely disregard most material that has beenput forward by supposed supporters of EQUITITRUST as in fact emanating from EQUITITRUST.

The questions and concerns posed on this WEB SITE however remain OUTSTANDING.
 
Re: Equititrust: NAME THE BANNED USERS

JOE BLOW: I wonder whether you could look at provising an area in the HEADER for each THREAD to LIST teh names of the BANNED USERS for this threa etc. That way, when any PARTY reads a THREAD they can see that this PARTY was banned for MULTIPLE ACCOUNTS etc . Then puts a lot of material you read in TRUE perspective.

As the administrator of ASF I feel it is my obligation to point out to those reading this thread that the user names Equititrust Ltd, Buffettman and Ozab have all been logged into from the same PC. I am aware of this because we employ sophisticated measures to detect those operating multiple accounts.
 
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