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- 31 May 2006
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Blame is something we are all doing to ourselves more than any of you realise. We blame ourselves for trusting, for not looking into this strategy and understanding it more, for agreeing to let them monitor our investment instead of doing it ourselves, for not demanding to be cashed up when they said not to follow the herd, you name it we blame ourselves for it, but at the end of the day we should be able to trust a licensed financial planner and the banks.
I agree that the bank appears to have failed in some of its duties in relation to responsible lending and possibly bears partial responsibility in some of the situations that occurred. But they certainly weren't the primary cause of the situation that led to people losing their investments and wealth.
Ah Cuttlefish, thank heaven for your realistic summary amongst all the repetitive accusations implying the banks had a responsibility for the validity or otherwise of Storm clients' investment strategies.
"Senator at a loss over blame for Storm"
"More than 400 written submissions and seven public hearings have failed to answer what caused thousands of clients heavy losses in the collapse of Storm Financial, a member of the federal parliamentary inquiry into the company has conceded."
Read more by Duncan Hughes in The Australian Financial Review of Tuesday, 08 September 2009.
If I had the banks chasing me everyday for my house, first and foremost I'd be going where the money is. That would be my priority and should be for SICAG. If three investigations, Senate, ASIC and Liquidators cant get to the bottom of who is at fault with their combined resources, (500 million just for the liquidators wasn't it) and the power to compel witnesses and documents, what chance has a volunteer commitee got. They (SICAG) need to put all their focus, and the hundreds of hours a week that they are already spending, on ensuring a financial outcome for their members. Only this will help to save their homes and give them back some dignity and some hope. And like anyone else chasing justice and in particular a monetary outcome, they should seek to use what ever resources are available to them in order to obtain that outcome. What better resource could their be then access to information from those within the companies (banks and Storm) who are at fault. Blame where ever it lies will be attributed at the closure of this process. In the meantime if whistleblowers (whether ex storm, or ex CBA) continue to help in the SICAG cause then great. And to be quite honest if Manny and co are also trying to save their butts I couldn't care less as long as my parents and those of everyone else get some money back Even if the have to live off the pension, at least they can sleep knowing their home is safe from the banks who in many cases appear and by the own confessions have played a large part in this mess yet continue to try to take them....
Thought I would post an extraction from one of my Storm Statements of Advice where it explains what margin loans are, what a margin call is, and who is responsible for making the call.
A Margin Loan is a loan that uses securities as assets which can provide collateral. As these assets are liquid and are readily valued, the loan to valuation ratio can be monitored constantly.
This allows your lender to call in amounts of borrowings when the “loan to valuation ratio” is exceeded. This is called a margin call. Protection measures that are put in place and will allow you to use a margin loan are that it is only
recommended when:
· the economy is in the phase of its cycle that is accompanied by a rising sharemarket so that the value of the assets underlying the securities is rising overall. Of course volatility will still mean that there will be downward movements in the market, however the general momentum is up;
· your loan facility will include a buffer so that a margin call is made only when the fall in the asset valuation exceeds a certain amount. The recommended facility exceeds our minimum requirements for the amount of buffer of 5%. It has a buffer of 10%.
· Where practical and especially for larger amounts additional buffer should be included.
· we recommend you maintain cash reserves to meet contingencies such as higher interest rates, loss of income and margin calls.
A margin call would be advised to you by the institution when your loan to valuation ratio exceeds the limit set. Margin calls can also play an important part in signalling when asset prices have gone down and represent good buying.
We recommend that in the event of a margin call, funds be used to purchase more assets that can be used as collateral to bring the loan to valuation ratio back to within allowable limits rather than paying out some of the loan.
No reason at all why 'retirees' should not use margin loans. Some retirees are more affluent and financially literate than many working people.The risk only becomes a huge problem when not monitored correctly and when we are given massive loans, and margin loans should never be given to retirees.
It is not the bank's responsibility to vet the validity of Storm's investment model.Cuttle I would agree with you that storm and their crap advice are the one of the causes of this tragic situation. Where I disagree with you is the banks ''have failed in some of their duties in responsible lending'', they have already admitted to flaws in their lending practices and they also need to acknowledge their other faults. Storm offered the advice but the banks supported that advice financially and if that advice was so terrible, which it was, why did the banks knowingly support it?
As above, it was the bank's job to check the details provided by Storm but it was NOT the bank's job to investigate and/or validate the strategy Storm offered its clients.I feel for those who have shares in the banks involved but the banks are at fault not just because they are the only ones with any money but because they supported storm and their crap advice. Storm could offer all the crap advice they wanted - the banks all knew it was crap advice, did they care, you bet they didn't they sat back lent the money and enjoyed the profits. It's time for the banks to stop blaming it all on storm and the investors.
Nice one Julia
Ever heard of Pyramid Building Society based in Geelong, Victoria.
Well the circumstances here are a little different to say the least.
Under the Corps Law of Australia BANKS have a responsibility as to who they
lend money. Have no idea how it works in EnZed, but hey we are all Commonwealth jurisdictions so that should suffice!
I copied it straight off the SOA....girl guides honour!hahahaha - thats a joke right? Thats not really what the document said is it?
· we recommend you maintain cash reserves to meet contingencies such as higher interest rates, loss of income and margin calls.
A margin call would be advised to you by the institution when your loan to valuation ratio exceeds the limit set. Margin calls can also play an important part in signalling when asset prices have gone down and represent good buying.
We recommend that in the event of a margin call, funds be used to purchase more assets that can be used as collateral to bring the loan to valuation ratio back to within allowable limits rather than paying out some of the loan.
Specialed, I can understand you wanting to focus on the financial compensation rather then criminal blame.
But letting Manny/Julie off the hook for their role in this mess is like being hit by a drunk driver, but then only concentrating on getting money from his insurance fund because 'we couldn't be bothered taking him to court for DUI or negligent driving'. You wouldn't let a drunk driver get away with it, so why would you do so in this instance?
And that's what the Cassimatis' were, drunk at the wheel. Drunk on arrogance, drunk on greed. For SICAG to have a disclaimer on the front page of their website defending the Storm money-raking fee structure is unbelievable. I suppose it's no surprise when some of the ex-Storm employees close to SICAG's heart are now trying to re-establish the Storm model amongst vulnerable SICAG clients (again, my family has already been contacted by some of these grubs).
If SICAG were 100% committed to 'seeing justice done for their clients' they would be turning their energies to trying to get criminal charges laid against Manny/JC as well as some of the advisers who were changing margin loan applications to read ridiculous levels of income to fuel their profit machine. The lawyers were onto this very early on in the piece, and are more than equipped to take it from here. SICAG doesn't need to fight for financial compensation from the bank, it's been in the works since this happened...and the Banks knew it all along. SICAG would be better off now trying to bring the perpetrator of this to account.
Someone linked an old archived website of 3 or so Storm staff taking Manny for a V8 hotlap...if I remember correctly, some of those people that were so buddy buddy with Manny are now the same ones who are amongst the most vocal in/assocaited with SICAG calling for the Bank's blood.
The banks have blood on their hands over this, I have no doubt. But Manny is equally, if not more so to blame.....and he does deserve justice. The question is: are SICAG going to see justice done, or are they going to abandon the quest once the bank starts paying up; leaving Cassimatis and Co free to slink back to their mansion(s) and off-shore bank accounts?
Thought I would post an extraction from one of my Storm Statements of Advice where it explains what margin loans are, what a margin call is, and who is responsible for making the call.
A Margin Loan is a loan that uses securities as assets which can provide collateral. As these assets are liquid and are readily valued, the loan to valuation ratio can be monitored constantly.
This allows your lender to call in amounts of borrowings when the “loan to valuation ratio” is exceeded. This is called a margin call. Protection measures that are put in place and will allow you to use a margin loan are that it is only
recommended when:
· the economy is in the phase of its cycle that is accompanied by a rising sharemarket so that the value of the assets underlying the securities is rising overall. Of course volatility will still mean that there will be downward movements in the market, however the general momentum is up;
See this is what grates my cheese. You have CASH reserves and a Margin Lending Facility? WTF? So you'll pay a higher interest burden than necessary on your Margin Lending facility (which Storm gets a cut from), Receive a lower rate of interest from your cash product than you are paying on the ML rate (which a) means you're negatively gearing and b) means there is yet another product generating fees for Storm). And supposedly is meant to keep you safe from margin calls when the market tanks. Were there no alarm bells ringing from this?· your loan facility will include a buffer so that a margin call is made only when the fall in the asset valuation exceeds a certain amount. The recommended facility exceeds our minimum requirements for the amount of buffer of 5%. It has a buffer of 10%.
· Where practical and especially for larger amounts additional buffer should be included.
· we recommend you maintain cash reserves to meet contingencies such as higher interest rates, loss of income and margin calls.
A margin call would be advised to you by the institution when your loan to valuation ratio exceeds the limit set. Margin calls can also play an important part in signalling when asset prices have gone down and represent good buying.
We recommend that in the event of a margin call, funds be used to purchase more assets that can be used as collateral to bring the loan to valuation ratio back to within allowable limits rather than paying out some of the loan.
LOOK AT THE LAST PARAGRAPH! In the event of a margin call - Storm recommends NOT PAYING the margin call.
QED imo.
To paraphrase:
"We recommend that you have a cash buffer as a safety reserve. In the event that your investments are going down the toilet we recommend you hang onto them and also take the cash out of your safety reserve and throw it down the toilet along with your other investments."
In the event that this investment strategy fails for some bizarre unexplainable reason ... blame the banks not us.
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