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Frank - to further the knowledge on the forum - you outline in your previous post
* making false and misleading statements in breach of s1041E of the Corporations Act 2001,
Can you elaborate on what Drummond told you that ASIC found to be false and misleading.
* engaging in misleading and deceptive conduct under s1041H of the Corporations Act 2001,
Happy to hear more about what was found here.
* promoting the Storm strategy without considering the suitability of the strategy for individual clients,
Think everyone on the forum agrees that the strategy was suitable for about 1% of the client base.
* providing Statements of Advice and Statements of Additional Advice containing misleading and deceptive information in order to induce them to invest using the Storm strategy,
Was this the old data about property returns etc?
and
* didn’t have an understanding of the nature and risks of financial products recommended on the basis of the Storm strategy.
Think that just makes him a dud adviser doesn't it?
If you can expand on what ASIC found for the forum that would assist others in their understanding.
Hi Doobsy,
Most of your questions have been covered by me in previous postings. Our particular case has not only been mentioned in the media but it was also referred to in the ‘Worrells enquiry’ as an example of inappropriate advice that was at odds with what our circumstances demanded and was directly opposed to our expressed wishes.
I do not want to dwell on inappropriate advice, however, because this is only one of the issues involved. Financial advisers have a responsibility to give appropriate advice but I will not discuss this particular aspect because I know it will only attract the sharks!
As I have stated previously, deception is the key here and I will tell you one thing that we were misled on from the start – the safeguards that Storm claimed to have in place that persuaded us in large measure to sign up with them.
On the 27th July 2007 in the letter I wrote to Stuart Drummond I stated among other things, “Would you clearly state in in writing that the statement contained in your financial plan on page 62; namely, ‘If the market index moves through your trigger point, simply call us and we will review your position in light of the new market conditions" is incorrect.’ During our recent meeting you assured us that you, not we, would be monitoring this. Bear in mind that we decided to use your services once you had clarified this for us. We need something in writing from you before we proceed any further that you accept responsible for so doing”
Bear in mind, Stuart, that we will be entrusting Storm Financial with a great deal of money. We therefore expect to be fully informed at all times.
Despite our repeated requests he never did acknowledge this in writing although he verbally reconfirmed this every time we met. We signed up on the understanding that this written confirmation would be forthcoming.
So it’s our word against his you might think! The subsequent events that took place will prove that this conversation as claimed by us did take place.
In December 2007 Drummond sent me a draft of Storm's new Statement of Advice because, being a writer myself and a former corporate man as well, he wanted my opinion of such. In my reply to him dated 13th December 2007 among other things I once again queried the SOA because it contained certain statements that were contrary to what we had originally agreed to prior to our signing with Storm.
I quote,
“Page 48 – ‘You will be informed of your triggerpoints… If the market moves through your triggerpoint, simply call us…’ You may recall that this was my bone of contention in a previous letter in which I stated "It states clearly in writing in your Statement of Advice - page 62 (current SOA) that if the market index moves through your trigger point, simply call us and we will review your position in light of the new market conditions.' In your subsequent discussions with both Helen and me, you said this statement in the SOA was wrong and the trigger points are activated by Storm's systems automatically and you (Storm) then notify us.”
Again, Drummond did not confirm this! Remember that “silence” in matters such as these is no defence legally. However, there’s more!
On 30th April 2008 I received a faxed letter from Jodie Geissman in Storm’s compliance section in Townsville which said, “I would like to take this opportunity to thank you for your input into our new ‘Statement of Advice’. Your input was invaluable and since receiving it, we have been busily making improvements to the document.”
Anyone reading this should bear in mind that I proof-read this document and altered in part the structure and presentation of certain data but not its content. How could I because I am not a financial adviser!
In essence her response confirms the fact that my suggestions contained in my letter dated 13th December which also queried “triggerpoints” had been sent to her via Drummond. Therefore, he must have read it! He cannot therefore say that such a conversation never took place because he had an opportunity to deny it at that time. That’s enough in any court, I believe, to provide proof that Drummond did actually say this. ASIC certainly believed us!
My previous statement, “Bear in mind that we decided to use your services once you had clarified this for us!” also emphasizes how much reliance we placed on this statement being true, and the importance we also placed on monitoring for safety purposes. We now know that Storm’s software was defective when we contracted with Storm and this should have been apparent to them at that time. Common-sense tells us that Storm's directors and advisers knew full-well the capability of the software they were using and chose to ignore it flaws. How could Stormies know this? In fact, they were informed otherwise.
Frankly, in retrospect, I believe tStorm's SOA’s were deliberately written in such a way that they wanted to shift any responsibility to their clients if the s**t hit the fan. As I said at the time to Helen, “It seems strange that a firm that has been in the business of giving financial advice for so long cannot get a simple SOA right?”
As for Drummond, if you now consider him just a dud adviser you had better inform ASIC and the people that were his clients. They have another word for him and it's not pleasant!