Re: Practical advice
Hi. I've been lurking on this forum for the last few days, after finding out about Storm undergoing administration. I've read just about every post on this thread, and have to say it's been an eye-opener.
I was recommended Storm by someone who is now deeply in the thick of being stormified. I personally only have a very small margin loan ($8K or so), so am not in any trouble. But I'm very worried for the person that recommended me.
I agree that what's needed now is practical advice about what to do. My concern is that the so-called 'unsophisticated' investors that have received margin calls and what-not have a first reaction of "oh, hell, how quickly can we sell the family home".
Now, call me naive, but after reading this forum, hearing about the story that has been told from Storm's point of view, the banks, the investors etc... it appears that there are some serious questions about negligent advice and unprofessional behaviour: mostly on Storm's part, but I don't think the banks and lenders can be seen as innocent either. This spells only one thing: litigation.
Now, I agree with some of the posts above, that litigation, administrators, liquidating companies, lawyers and all the rest probably spell "don't hope to see much in return", but let's look at things from another angle: why the hell would anyone go out and sell their family home when the entire setup is going to be called into legal question?
I for one would be going after:
1. Storm's professional indemnity insurance claims... I'm a measly IT subcontractor, and I'm insured for $20million PER CLAIM for professional indemnity: my clients demand it. It costs me $3K per year. Surely a Financial Adviser would have significantly more than this?
I would be claiming that the investors had been completely misinformed as to the true nature of the risk involved.
e.g. "they had a team of PhDs (Storm boast this!) that said that the downside risk was dealt with"... this COULD have been the case! If they'd done put-options on their indexes, their risk would have been hedged... this never happened).
Also, I would be seriously highlighting any efforts by investors that tried to bailout when things looked bad and were blocked/stymied by Storm's advice AND the obstacle presented by the relationship between Storm and the margin-lenders which prevented them from cashing out when they could.
2. CBA/Colonial Margin Lending/other lenders: for failing a duty of care for allowing retirees to be so highly leveraged and failing to do anything about it.
3. Criminal/common law pursuit of Cassimatis and all of the advisers that worked for them. These people gave advice that led you all to financial ruin, when anyone with even a cursory knowledge of the state of the world's financial markets over the last year could have told you to reduce your exposure. Go after all of them "joint and severally". As someone mentioned early on in this thread... try to do it through common law, not statute law, thus avoiding them hiding behind corporate structures. If that doesn't work, just go after them any way you can.
4. Contact FICS, the FPA, financial ombudsmen, ASIC, etc... use any and all ways of making financial complaints, objections, claims, lawsuits, otherwise. (I've never dealt with any of these organisations personally, either, but you have to try everything!)
I'm not an expert on these things, by a long shot, but I feel like I personally have just dodged a bullet (I almost signed up for a whole "stormified" thing: timing was not quite right, so it didn't happen), and I have loved-ones fully facing the brunt of things, so I can't just sit idly by... Get involved in the class-action suit now! Sue all of them yourselves if you can! Complain! Object! Join forces! But, for god's sake, don't lie down and let them take your life and livelihood away! They're banks, for chrissake! No-one likes them, even the people that work for them. (Yes, I've worked for banks).
So, here's my question to the forum: If I was faced with selling all my assets and being destitute after being stormified, or stalling until after there had been lengthy court-cases, class-actions suits and professional indemnity insurance claims and basically telling the margin-lenders to lump it, I know which option I'd take... what do you think would be the ramifications of this approach?
Given that the banks are going to demand their pound of flesh, surely it makes sense for the investors to do the same?
Hi. I've been lurking on this forum for the last few days, after finding out about Storm undergoing administration. I've read just about every post on this thread, and have to say it's been an eye-opener.
I was recommended Storm by someone who is now deeply in the thick of being stormified. I personally only have a very small margin loan ($8K or so), so am not in any trouble. But I'm very worried for the person that recommended me.
I agree that what's needed now is practical advice about what to do. My concern is that the so-called 'unsophisticated' investors that have received margin calls and what-not have a first reaction of "oh, hell, how quickly can we sell the family home".
Now, call me naive, but after reading this forum, hearing about the story that has been told from Storm's point of view, the banks, the investors etc... it appears that there are some serious questions about negligent advice and unprofessional behaviour: mostly on Storm's part, but I don't think the banks and lenders can be seen as innocent either. This spells only one thing: litigation.
Now, I agree with some of the posts above, that litigation, administrators, liquidating companies, lawyers and all the rest probably spell "don't hope to see much in return", but let's look at things from another angle: why the hell would anyone go out and sell their family home when the entire setup is going to be called into legal question?
I for one would be going after:
1. Storm's professional indemnity insurance claims... I'm a measly IT subcontractor, and I'm insured for $20million PER CLAIM for professional indemnity: my clients demand it. It costs me $3K per year. Surely a Financial Adviser would have significantly more than this?
I would be claiming that the investors had been completely misinformed as to the true nature of the risk involved.
e.g. "they had a team of PhDs (Storm boast this!) that said that the downside risk was dealt with"... this COULD have been the case! If they'd done put-options on their indexes, their risk would have been hedged... this never happened).
Also, I would be seriously highlighting any efforts by investors that tried to bailout when things looked bad and were blocked/stymied by Storm's advice AND the obstacle presented by the relationship between Storm and the margin-lenders which prevented them from cashing out when they could.
2. CBA/Colonial Margin Lending/other lenders: for failing a duty of care for allowing retirees to be so highly leveraged and failing to do anything about it.
3. Criminal/common law pursuit of Cassimatis and all of the advisers that worked for them. These people gave advice that led you all to financial ruin, when anyone with even a cursory knowledge of the state of the world's financial markets over the last year could have told you to reduce your exposure. Go after all of them "joint and severally". As someone mentioned early on in this thread... try to do it through common law, not statute law, thus avoiding them hiding behind corporate structures. If that doesn't work, just go after them any way you can.
4. Contact FICS, the FPA, financial ombudsmen, ASIC, etc... use any and all ways of making financial complaints, objections, claims, lawsuits, otherwise. (I've never dealt with any of these organisations personally, either, but you have to try everything!)
I'm not an expert on these things, by a long shot, but I feel like I personally have just dodged a bullet (I almost signed up for a whole "stormified" thing: timing was not quite right, so it didn't happen), and I have loved-ones fully facing the brunt of things, so I can't just sit idly by... Get involved in the class-action suit now! Sue all of them yourselves if you can! Complain! Object! Join forces! But, for god's sake, don't lie down and let them take your life and livelihood away! They're banks, for chrissake! No-one likes them, even the people that work for them. (Yes, I've worked for banks).
So, here's my question to the forum: If I was faced with selling all my assets and being destitute after being stormified, or stalling until after there had been lengthy court-cases, class-actions suits and professional indemnity insurance claims and basically telling the margin-lenders to lump it, I know which option I'd take... what do you think would be the ramifications of this approach?
Given that the banks are going to demand their pound of flesh, surely it makes sense for the investors to do the same?