Australian (ASX) Stock Market Forum

I've been following this thread from the beginning, but haven't posted as I have no interest in being labelled by some of the posters who quite often leap to conclusions. My main source of irritation is being called "greedy" for investing via Storm in the first place.

We are in our mid-forties, are self-employed, have worked hard all of our lives and paid our taxes, and those of the staff we employ. We stupidly decided to use the equity tied up in our home to provide future capital growth that we intended to use for our children's education, some much-needed home improvements, and to be independant upon retirement. It seems there are some on this forum that regard anyone who tries to better their situation as "greedy". We don't take lavish holidays, we live frugally, we earn modest salaries from our business, but we "greedily" wanted to acheive financial security by investing in what we thought was a moderately risky investment - an index fund. We were aware that borrowing against our home added to the risk, and we were prepared to take that risk - we have another 15 to 20 years of working lives ahead of us. We don't blame anyone for that decision, and it is one that many people our age have made - not just those invested through Storm. I understand that it is common for financial advisers to recommend borrowing against equity in the family home - for clients of our age. Our level of gearing on our margin loan was 35% prior to the market turning down, and never exceeded 70%. We did not receive a margin call, and had cash reserves available to reduce our margin loan in the event it was necessary. We don't "blame" Storm or the banks for our losses in the market - hopefully there will be a future recovery and our remaining investment will grow in time.

We do however lay blame where we feel it is deserved. Firstly at ourselves for trusting in financial planners to have our best interests at heart. Hindsight is a wonderful thing, and we were guilty of being gullible and naive. It is clear now that we were paying way too much for what was basically a simple product, and being used as "cash cows" for the benefit of Storm's directors and advisors. Dollar cost averaging is a strategy put forward by some and criticised by others, and making further small investments as the market dropped was portrayed to us as a way of recouping losses faster when the market eventually turned upwards again, than if we just sat and held. Smart choice? Again - hindsight tells the story, but neither our advisor (clearly) or ourselves thought the market would drop as much as it did. Where we did do the right thing though, was in ensuring our margin loan lvr remained below 50% - that's probably all that saved us. I feel for those that tried to cash out and were prevented. We are computer "savvy" and were checking on our margin loan status daily (although the investment values from Challenger were always a few days behind) but I don't think it's unreasonable that a lot of the older, less computer-literate people trusted in their highly paid advisors to do this for them.
Secondly, I do lay some blame on the CBA. Yes we were aware that we willingly borrowed from them and would have to pay them back. I'm not sure if our financial position was "enhanced" by Storm employees along the way - and don't really feel that it matters as we were happy to accept the loan made to us. However, our initial loan was based upon a valuation carried out by a licenced valuer and we were comfortable at the level of equity we retained in our home. Had we known that the CBA carried out a desk-top valuation on our home from several thousand km away and then provided that information to Storm with the sole purpose of enabling both organisations to profit from further borrowings - we would not have increased our loan when we did. No doubt some posters will say we should have conducted our own valuation on our home, we had no idea that the CBA had not conducted a proper valuation and accepted that the increased value stated was realistic. Our area had been growing in value and as we had no intention of selling we weren't up-to-the-minute on house values in our suburb. We do feel that the CBA and Storm were putting their own interests ahead of their clients and were quite clearly operating as a joint venture in this regard - and it was not made known to us. As already stated, it must be clear to the CBA's legal people that they have a case to answer or the deals being offered would not be forthcoming. Nothing will convince me that a bank really cares about any hardship endured by its clients - and I don't really know that it should (I'm still a shareholder too!) Banks do care about PR though, and it's now obvious that shoddy lending practices were occurring.
Thirdly, not particularly happpy the Macquarie insisted that their margin loan be repaid, even though it was well within acceptable lvr. This necessitated breaking a pre-paid interest period and consequent break costs.

A very valuable lesson has been learned - although at a fairly high price. Unfortunately the whole experience has left us cynical and distrustful of almost everyone - not the type of person I wanted to be. There are some posters who pride themselves on being much more financially knowledgeable than a lot of the retired clients of Storm, and are quick to disparage them for being so uneducated about their own finances. I think it's a shame that some of our older Aussies who have lived their lives honestly have had to learn the hard way not to expect the same treatment from others. How much research is reasonable? Can I accept the word of my doctor and dentist but not by financial planner? Should I get a degree in accountancy so I can double-check the work my accountant does on our tax returns? Yes, we are all responsible for our own decisions, and again hind-sight proves that you trust others at your own peril - but a lot of Storm's ex-clients (not all) did not just blindly trust - but thought the research they had done was adequate. It seems that sometimes the "safe" thing to do is nothing - and no doubt once we'd retired on a government pension there would be those quick to accuse us of being "lazy" for not providing for ourselves - probably those so quick to accuse us all of being "greedy" now!

Rant over;)
 
Hi all,

Been away for a while gathering my composure... Has anyone heard anything on the Macquarie front in regards to ASIC or any other form of info relating to Storm?

Monario,
I would be keen also to have some info on Macquarie. My other half has contacted Macquarie on a number of issues and they have been quite rude.

They said the level of LVR reached before a margin call, (despite what was agreed upon in our Storm documents), could be changed whenever Macquarie wanted and we could not do a thing about it. We have had no joy with them at all.

They seem as arrogant as CBA was when they were first approached earlier in the year. Of course CBA has changed their tune and are now extremely polite in telephone conversations.
 
Monario,
I would be keen also to have some info on Macquarie. My other half has contacted Macquarie on a number of issues and they have been quite rude.

They said the level of LVR reached before a margin call, (despite what was agreed upon in our Storm documents), could be changed whenever Macquarie wanted and we could not do a thing about it. We have had no joy with them at all.

They seem as arrogant as CBA was when they were first approached earlier in the year. Of course CBA has changed their tune and are now extremely polite in telephone conversations.

[In relation to bolded part] Alterations to the LVR often occur and its a business decision by the lender to manage their risks. Nothing unusual or deceitful about that. All margin lenders set the Loan to Value Ratio of a particular product according to their view on risk, liquidity and ratio to margin loan book. Can go up, down or not move. Their ability to do that is in the prospectus your financial adviser should [note the word should] have handed to you. Can affect overall gearing in either a positive or negative manner - more so if your only holding a one product wonder - but that is just one of the risks of investing that you need to manage if you use margin loans. It's not rocket science.
 
feret

so the $3billion question remaining is - was it Storm or the margin lenders who didnt act on the client sell orders????

I agree. My guess..Storm

I have told my story elswhere about badged WRAP funds, and why I opted out, due in part, relating to difficulties having immediate action on my account.

All buy and sell orders should be receipt emailed and stored!



I've been following this thread from the beginning, but haven't posted as I have no interest in being labelled by some of the posters who quite often leap to conclusions. My main source of irritation is being called "greedy" for investing via Storm in the first place.

Rant over;)

It was a fair and balanced rant IMO.

I think most of the "greed" word has been mainly directed towards Storms 7% commission grab. This caused a vortex of conflicted interest.

I also totally agree that, regretably the majority of people are simply not in a position to manage their own money.

On a forum such as this, by its very nature, most people are very interested in that topic, know about "money", and I'm afraid admissions of financial misadventure are not met with a great deal of sympathy.

There would be an awful lot of smart people who were not involved with Storm whose assets would have been decimated due to leverage, even if they did not get margin called.
 
awg, exactly! A lot of other people are down, and are still down - moi! -, but not out (yet), as they can wait (or actively work) towards a recovery which, in the end, will come - as will death :)

The Stormers made the mistake of investing with borrowed money. "Invest with borrowed money" - If that is not an oxymoron, I don't know what is? I mean, you either have money to invest or you don't. And it was money which was borrowed short-term! I mean would anybody commit themselves to a mortgaged house purchase on the condition that the lender can recall the money at any time? Of course not!

The Stormers should not read too much into the CBA's preparedness to enter negotiations. Bankers are not the best PR people and, having refused any negotiations from the outset, only inflamed the situation. They belatedly realised (or were advised by their PR people) that it would be so much better to be seen to be doing something and in the process slowly, slowly suck the oxygen out of the argument. EC knew about PR; the first thing he did was engage a highly-paid PR firm who advised him how to deflect the Stormers' anger: get stuck into the big bad banks!

I have never had a margin loan and wouldn't take one if it was offered to me at 0% interest, but I would imagine they operate similarly to placing a stop-loss order which I do quite often with my shares. How does a stop-loss order work? I tell my broker that if a certain share falls below a certain price, he should sell it within a certain price band so as to limit my losses. In placing such an order, I agree to be bound by the broker's conditions which are, amongst others, that he will use his best endeavours to do so but cannot guarantee that the order will be executed, either because the market dropped so quickly that he could never sell within the price band stipulated by me, or for virtually any other reason. I should think that margin calls and margin call selling is governed by similar terms.

Yes, the banks may make sympathetic sounds and, yes, their lawyers may eventually interprete the letter of the law less strictly but they won't roll over for one simple reason: they can't afford to! Roll over now and they have to roll over every time another loan goes belly-up. It would completely undermine the functioning of our economy which is build on credit.

I would be interested to see here in this Forum displayed or quoted the relevant paragraphs from the prospectus and the margin loan documentation that describe how and when margin calls would be exercised. So far I have only read about "I thought they would..." or "I was told they would..."
 
awg, exactly! A lot of other people are down, and are still down - moi! -, but not out (yet), as they can wait (or actively work) towards a recovery which, in the end, will come - as will death :)

The Stormers made the mistake of investing with borrowed money. "Invest with borrowed money" - If that is not an oxymoron, I don't know what is? I mean, you either have money to invest or you don't. And it was money which was borrowed short-term! I mean would anybody commit themselves to a mortgaged house purchase on the condition that the lender can recall the money at any time? Of course not!..."

Twiceshy - I think you'll find that many regular posters on this forum have used borrowed money to invest in one form or another. Borrowing against home equity and margin lending are fairly common practices advocated by a plethora of financial planners - it's the level of gearing that can get you into trouble! I think you're a bit confused about what is short-term lending (presumably you mean margin lending by this?) and borrowing against the house - which was done on the same basis as any other home loan - we had a 25 year loan - hardly short-term.


I fully respect your decision to not use margin lending - but that doesn't make you right and me wrong - it just means we're comfortable with different levels of risk.
 
ive just come back for a re read of things again. im not a computer geek or a flash typist but i just want to say many go financial advisers like storm and others because you thought you were doing the right thing. i get an engineer to to drwaings for me, i get a brickie to lay bricks,i get a chippe to cut wood, i go to a heart specialist if i need an aortic valve replaced-- get what im saying-- many went to storm because they thought they were going to specialists in thier field to provide expert advice and financial strategy..full stop...history shows they were wrong..but whose fault is it ?? storm ? banks ? regulators..investors ? yep i think all must carry some degree of blame and responsibility but the weighting of blame must come out and be proven. id like to see this done in a legal way..in court if possible and in public. good to see the comm bank say they are not too flash with what they were involved in..good to see some investors saying they'd do things differently....but what about mr c ??? i cant wait to hear his side of things.
i supppose he cant say anything in public beacuse of whats happenimg but does anybodu know if mr c will make an appearance at the inquiry??
i just want it all to come out so it never happens again
 
[In relation to bolded part] Alterations to the LVR often occur and its a business decision by the lender to manage their risks. Nothing unusual or deceitful about that. All margin lenders set the Loan to Value Ratio of a particular product according to their view on risk, liquidity and ratio to margin loan book. Can go up, down or not move. Their ability to do that is in the prospectus your financial adviser should [note the word should] have handed to you. Can affect overall gearing in either a positive or negative manner - more so if your only holding a one product wonder - but that is just one of the risks of investing that you need to manage if you use margin loans. It's not rocket science.

I paid Storm to manage my financial affairs including my margin loan.
 
DocK, point well made and point taken! In fact, your previous 'rant' is very rational and, for what it is worth, you ought to make it a submission to the Senate. That is, for what it is worth, because being the cynic that I am, I don't believe much will come of it. It's just another 'being seen to be doing something' exercise. In the end, maybe another layer of regulations which will ultimately be outwitted by another scheme.

It would be a pity that, after having learnt your lesson and paid for it so dearly, you turned your back completely on the capitalist system. We all more or less got there the same way as you are getting there right now: by trial and error!

The learning is twofold: learning the rules of the system and learning about yourself, since it is as much about psychology as it is about economics (perhaps even more so about the former than the latter). Fear and greed, greed and fear - it's being played out day after day on the stockmarket.

Knowing about yourself, knowing what emotional buttons they can press to get you going, is essential in controlling your action. I have made it a rule a very long time ago never to make important decisions when I am on an emotional high or an emotional low. I have also a cross-section of friends from various walks of life and with contrasting characteristics who are not afraid to tell each other when we are about to do something stupid. You might have guessed by now that I am the resident cynic :)

Don't think for a moment that I personally wasn't tempted to take out a margin loan when things seemed to be going up and up and up - it just seemed all so easy! My online broker drowned me in promotional mail; every day as I opened the FinReview I was looking at full-page ads extolling the virtue of being geared up. Instinct told me not to! As you write, it's all about what you are comfortable with.
 
chrisgee, the advent of the financial adviser/planner is a fairly recent development. Somehow - and I am still at a loss how this happened but I guess it would have to do with vested interests - the accounting profession was excluded from this new group of professionals (and I am using the word 'professionals' with a lot of charity :)

Many of us already use accountants with whom we have an ongoing, strong relationship and they know our financial situation, how we got there and where we are going, better than any financial adviser. And yet, they are expressly forbidden from giving us financial advice (unless, I guess, they sat through the requisite examinations which I doubt are anything as difficult as sitting the CPA or Chartered examinations which require university studies these days.)

With the financial planning business being such a relatively new profession, they will need as many years and as many professional develoment upgrades as did the accounting profession before it became what it is today: a relatively well-ordered and well-qualified bunch of people. That took quite a while as I can still remember when bookkeeper-type people were handed accounting diplomas on no more credentials than that they had done that sort of work for a required number of years.

To weed out the financial planning profession requires that those people need to sit for far more stringent examinations then they do at present, and that their practising certificates should be graded and limited to specific ranges of investment portfolios, i.e. a planner who advises on a million-dollar portfolio must hold a more advanced license than a planner who does the mum-and-dad stuff, etc. and would need to re-apply year after year under stringent conditions which would include further education, etc. Maybe all this is already happening? I do not know as I wouldn't use any of those guys (except as a doormat perhaps :)
 
As I wrote just a moment ago, for every scam that gets closed down, another one opens up. Here's an item fresh off this evening's new:

QUOTE
*Gambling scams expose regulation deficiencies*

Sport is an Australian national obsession, but it seems some con men are taking advantage of that passion for their financial gain.

Moreover, some of the firms conducting the scams remain registered as companies long after suspicions first surface about their bona fides.

The Australian Securities and Investments Commission (ASIC) registers companies and regulates investment schemes, but does not regulate gambling schemes, even when they pose as investments.

Betting scheme crackdown

The authorities that are responsible for regulating gambling schemes are the Australian Competition and Consumer Commission (ACCC), the state departments of fair trading and, in the cases of criminal fraud, police.

The ACCC and the Queensland Police and Office of Fair Trading this week launched a joint campaign against sport arbitrage and gambling schemes and scams based on the Gold Coast.

They say hundreds of Australians have fallen prey to such operators, and buying into investment schemes which claim to give you access to computer software which will help you gamble successfully, is likely to be a losing bet.

"It's estimated that up to $20 million may have been lost by Australian consumers in these schemes. It's hard to tell at this stage exactly how much, but we're talking about a lot of money," ACCC deputy chairman Peter Kell said.

He says up-front fees of $3,000 to 19,000 are commonly charged for access to gambling software, or syndicates that place the bets for you.

And the Queensland Police say they have had one unlucky punter come forward who invested $146,000 between two of these companies.

While it may seem ridiculous for anyone to invest so much money into such a scheme, the authorities say the marketing materials usually look very professional, and these organisations occasionally pool resources to avoid the appearance of a one-man show.

"We found an office where six companies were located where they shared telemarketing staff and other facilities," said Joe Camilleri from Queensland's Office of Fair Trading.

The ACCC says a loss of confidence in the mainstream markets during the financial crisis is tempting consumers to look for alternatives.

"We've seen a 60 per cent increase in scams reported to us over the last year, and a 67 per cent increase in the number of people reporting losses," Mr Kell said.

Take the money and run

While some of these companies do actually bet on your behalf, Mr Camilleri says others just walk away with the cash.

"About 50 per cent of complainants are telling us that, once they pay their money to the operators of these schemes, they are no longer able to contact these companies," he said.

Even where the companies do actually place bets, the authorities say the returns are rarely anywhere near those promised or hinted at, and they have had staff from some of these operations come forward and tell them that the bets came straight from the newspaper form guide.

Fair Trading and the Queensland police tried to visit 39 sports betting schemes based on the Gold Coast, but they found only 8 operating at their registered addresses.

Authorities say more than 650 complaints have been lodged since the beginning of last year, and Detective Superintendent Brian Hay say the schemes have been multiplying rapidly.

"There's a whole plethora of different circumstances, environments, entities. This is not one or two people, it's not one or two companies, it's almost if you like a nefarious, insidious industry that has populated a certain landscape," he said.

First hand experience

Although Queensland based, the schemes do not just target Queenslanders, but the authorities say most of the complaints have come from there and New South Wales.

Recently I received a call from a Brisbane-based company claiming past returns of between 26 and 95 per cent a month on its horse racing scheme.

I cannot name it, because it may be one of the organisations currently under investigation, but I was only too happy to hear their spiel so I could share it with ABC News Online readers.

In return for having this company manage a gambling account using their computer system, I was asked for an $8,800 dollar sign-up fee, and between $1,000 and $10,000 in capital to start the gambling account.

In their sales pitch, the company claimed its software system was developed by a former employee of Kerry Packer, who their salesman said used to help Mr Packer with his horse racing picks.

The company also claimed it had been around for 15 years, but a quick search of the ASIC database revealed it was only registered in May last year.

When I searched internet investor forums, dozens of people had been given similar offers from the same company.

Nick Miller from South Australia responded to my post on the forum and gave me a call. He says he was rung about eight times over a period of several weeks by this company.

"It was heavy pressure selling," he said.

"It was, 'we've only got so many spots left for South Australia, we've got one left in South Australia, and one for NSW so you'd better sign up now or you'll miss out,' and then I just said, no I'm not interested in it."

Company registration

While Mr Miller smelt a rat and did not invest despite their persistence, he is concerned about how easy it is for such businesses to set up and remain as legally registered companies.

"When I was talking to this Tom guy he said, 'as you know we're regulated, we're required, every year we have to register with ASIC', he made some reference to that," he said.

"It sort of shocked me a little bit to think that there could be rogue operators like this that have obviously got a registration."

ASIC told the ABC that gambling schemes are not classified as investments and therefore do not fall under its jurisdiction.

But ASIC is responsible for company registers, and ASIC's database reveals that the regulator got information last November that the Brisbane company which contacted me and Mr Miller is no longer at its registered address.

Mr Kell says that is a good reason why consumers should not rely solely on the companies register when checking the legitimacy of a firm.

"One of the messages we have to send here, because it has been used in the marketing by these companies, is that simply registering a company doesn't make it immediately trustworthy," he said.

The length of time taken to investigate dodgy companies, and the apparent difficulty in shutting operations down until well after they have swindled thousands of dollars from investors, raises some serious questions about consumer protection regulation, and the funding of investigation and enforcement in Australia.

Given that it seems unlikely that regulators will be given the resources needed to better filter companies when they first start up, the ACCC says consumer awareness is the best defence.

"With these sports investment schemes the only certain bet is that you'll lose money," Mr Kell said.
UNQUOTE

Those smart guys will always be one step ahead of laws and regulations! Therefore, you need to watch out for yourself!
 
I paid Storm to manage my financial affairs including my margin loan.

Indeed, and they entered into a contract with CBA/CGI etc

IMO any arrangement that allows clients to go substantially over 100% margin is so flawed that the fault rests jointly and severally with all the partners to that agreement.

That is the thing that amazes me, and I know there is a huge sh!tfight going on now, but I always understood, once your buffer was triggered, you have 24-48 hrs, or get sold down, no ifs, no buts.

I guess one problem is that Managed Investment updates are often several days behind constituent stock price.

So that could be a factor, but thats why buffers exist:confused:


I dont know what Iranian justice mandates for ripping out the life savings of thousands, but a few public executions would be great, they could have them at half time during State of Origin;)
 
chrisgee, don't be too surprised if this whole thing will turn on some technicality and the principal players in this drama will get away unscathed.

Our legal system isn't so much about justice as it is about who can come up with the best lawyer. The court room is a stage and the best actor get the bouquets! In the olden days, when the laws were not as 'refined' as they are now, public humiliation in stocks and pillories was a major part of punishment. In the Middle East, public floggings and beheadings deal with such matters.
 
Can anyone shed light on the composition of the higher eschelon of SICAG and their biases.

I know they are against the banks and pro Storm victims, but I'm unsure about their links with other players in this drama.

gg
 
Drat. Connection problems.

Was going to attach the Margin Loan application from Colonial Geared Investments. This seems to be the one directed towards financial planners and does appear to provide power of attorney.

Veeery complicated. Would need a few weeks to go through it before I could get a feel and understanding of it before I signed the bloody thing.

Anyway here is the link

https://www.colonialgearedinvestments.com.au/gearing_information/CML_Application_2007-08.pdf
 
Judd, have just read through the Colonial Mutual Application. Nothing noteworthy there other than that you authorise CBA to act upon instructions from the Client Advisor (Storm) and that all dealings are subject to the "Margin Loan Terms and Conditions." Those conditions require exhaustive study as they list all the nuts and bolts that makes it all work. I suspect it's quite a lengthy decument, even in small print. Have you read it thoroughly? Can it be put on the web?
 
Cutting to the chase on Colonial Mutual Margin Loan Terms and Conditions, paragraph 4.3 throiugh to 4.5 puts it all squarely on the borrower:

Notice of Margin Call

4.3 (a) You agree that we may provide notice of margin call by any
or all of the following ways to you or your Client Adviser
:
• In writing (including by fax, email or other electronic
means)
• Orally, including by telephone
• Updating the Colonial Geared Investments website.
(b) It is your obligation to keep your or your Client Adviser’s
contact details up to date.

4.4 You are responsible for:
(a) monitoring your portfolio and determining when your loan is
subject to a margin call
; and
(b) being in a position to receive any communications from us
in relation to this clause and to act within the time limits
specified in this clause; and
(c) ensuring that a margin call does not occur.

4.5 If you do not meet a margin call:
(a) we may (but are not obliged to) sell any, or all of the security
supporting your loan and reduce the amount owing.
(b) we may, if we consider it necessary or prudent to do so,
sell more security than the minimum required to satisfy the
margin call.
(c) we may sell security without first contacting you, any margin
call contact, or agent you may have nominated.

(d) we may sell security in the order we choose.


(bold emphasis added by me)

Signed, sealed and delivered - or better, stitched up for good!

That took less than 10 minutes to read. I rest my case.
 
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