Widow claims bank caused her to lose her investment
A 66-year-old widow, Bernadette Cachia, of Fgura, has filed a judicial protest against APS Bank, claiming that the bank had sold her high risk bonds when this was against her wishes.
She said the bank, as a broker, had encouraged her to buy Lehman Brothers bonds and bonds of Lands Banki Islands MTNS.
She had followed the bank's advice and invested €25,000. However, she said she had been badly advised by the bank and the bonds were now worth only a few thousand euro.
Mrs Cachia said that she had been clear to the bank that she did not want to invest in high risk bonds and wanted to safeguard the capital.
Mrs Cachia said the bank rarely ever sent her statements and never informed her when her investment was at risk. She held the bank responsible for the damages she had suffered and called for liquidation of the damages.
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Johnny Xerri
Feb 9th, 07:43
In many cases the banks employ people who do not have the right qualification to advise people re their investments. SImply because the advisor has a CEFA (certficate in financial advice) this means nothing. CEFA is more of a legal/marketing certificate and CEFA holders are no experts in financial markets, economic underpinnings and future financial assets value projections.
From here I challange the banks to point out how many of their employees especially financial advisors are; Economists, Accountants...and how many of their managers hold management degree (MBA) in addition to a professional degree (example an economist with an MBA vs those who climbed the experience ladder).
Many financial advisors are simply sales persons with sales targets selling products that generate most commission to the bank.
Henry Samut
Feb 9th, 11:18
Can you please explain how an MBA or a degree could have enlighted me on Lehman Bros' bonds failing?
If you convince me, I start studying for my MBA immediately
Louis Caruana
Feb 9th, 00:30
please can any one,enlighten me as regarding this institution as mysterious the elusive APS BANK...who does it belong to??,who runs it ?? who appoints directors ?? who are they ?? what is there wages ?? what does it really represents?? does this mysterious institution ever shows its history?? where does its profits goes?? who owns it ?? do they ever shows there structure...why do they compete?? and where does the profits end in reality and what does APS in reality stand for...I mean why did them did not use a regular name instead of hiding under this ghost-name.....Ah wise men say when you nourish the unwise you become powerful.....like the vatican......louis...st. julians
Alfred Grech
Feb 9th, 17:54
My friend the problem here is not the Maltese Banking per se or their owners or directors............
The problem is that Lehman Bros (and few other firms) were considered some of the safest bonds worldwide. It had a very high reputation unlike other historic losses such as Argentina & Greece which were more shaky, thus easier to avoid!
The Court of Malta cannot judge the world rating agencies ("examiners"), which all advisers refer to! They normally get it right but they had some exceptions in the past.
Re your curiosity / questions.........i guess the below can help .................
http://www.apsbank.com.mt/page.asp?n=home
James Tyrrell
Feb 8th, 23:53
High risk bonds are a way of either making or losing a lot of money for those who can afford it but they are certainly not the sort of thing that an old lady's money should be invested in. I hope she takes them to the cleaners.
Zagroma Savrene
Feb 8th, 22:36
blah blah she wouldn't be crying if her investment went well. Your investment failed, get over it.
CHRIS TABONE
Feb 8th, 22:07
For 10 years following closely such things (both locally and worldwide) on a daily basis I have something to say.....If you are not VERY FAMILIAR with such things one should stay completely away from such things. No matter how much nice one can picture it good, There are cases where one ends up losing up to 99% of your holdings...ie you get nothing back, just nothing. One has to buy when there's blood on the street, and you would always end up being the blood on the street rather than a buyer at the exact moment. And guess what, you would surely end up burning your fingers, if there would be any fingers left......please stay out
Alfred Grech
Feb 8th, 21:48
"Mrs Cachia said that she had been clear to the bank that she did not want to invest in high risk bonds"
Perhaps wasn't that the exact reason why the Bank promoted / suggested high rated and lower risk Bonds (AAA or AA or A)?
Does she know the difference between low risk ("safeguard the capital") and no risk (only cash unless you're stolen)?
How can she (or the court) already know the outcome of the liquidation process of both firms which tens of thousands are still waiting around the globe? How much will they get at maturity and what % will they actually postpone?
Billions are invested monthly in Bonds, Shares, Property, Commodities & Funds and only the complaints make it to the media..........those who had decent to big gains, even in our local market know that the reality is totally different from the perception (of the last few yrs). Having said that everybody has to feel comfortable with the assets he owns but that does not mean having only Deposits for life (given that the value of money over the years / decades would erode your wealth anyways)!
John Cassar
Feb 8th, 21:45
Hello everyone.
Remember MFSA vs BOV's la Vallette fund. It was Lehman Bros.....
I understand that some dolts defend the church even when rationale becomes irrational. However what goes for the Bov goose goes for the Aps gander.
Ryan Sammut
Feb 8th, 21:44
No one sues the bank if his investments double... people should be more careful when investing and don't blame others for their fault. It is true they trust a more experienced person to consult them, but if you don't want the risk just keep your money at the bank.
Charles Spiteri
Feb 8th, 21:10
There was at least one similar case in the UK where an eighty year old woman took Lloyds Plc to court and the judge ruled in her favour and Lloyds and to refund all the money plus expenses. Bear in mind that advisers and banks all give advice based on what they know and to sell their products they have a way how to go around the 'bad stuff' of the investment and just fill you in on the good stuff and tell you what you may wish to hear and not what you need to hear. Same thing happened to my parents and when I confronted the bank employee she just had no response. The MFSA as regulator should be enforcing proper rules with regards to investment as hundreds of people are being conned and fooled into buying into bad investments.
Thomas C. Cassar
Feb 8th, 19:34
F'Malta kullhadd irid isir sinjur malajr pero jippretendu li ma jkunx hemm riskji. Mbaghad mmorru nibku l-Qorti.
Michelle de Maria
Feb 8th, 20:13
x'ghandu x'jaqsam this was someone wishing to invest her life savings - so because you wish to invest trid issir sinjur malajr - x'cucati!!!! if she specifically asked for a low risk investment then that's what she should have got - incidentally not that i'm any expert in investments "jekk trid issir sinjur malajr" you don't ask to invest in low risk investments!!
Thomas C. Cassar
Feb 9th, 00:20
Kont qed nitkellem in generali Ms de Maria, nuqqas tieghi li ma urejtx dan fil-kumment.
cesco di luigi
Feb 8th, 19:08
2 things to be learned
1. If you don't understand it ...don't invest in it. Would you trust some one you don't know with 100 euro to do your supermarket shopping? Neither would I. Let alone 25 000.
2. The credit agencies cannot be trusted either.
Ever heard of a matress?
M Borg
Feb 8th, 18:56
Moody's Standard & poor's and Fitch , the big three rating agencies have come under fire since the 2007 collapse in the subprime home mortgage market for issuing rosy ratings on a plethora of securities that are now considered to be junk.
The Obama administration and Congress are exploring various reform proposals.
This is a part of what went on at a Congressional hearing in America after the collapse of Lehman Brothers :--
" At the hearing today, the exchange between Speier and the agency chiefs was particularly contentious.
"You had rated AIG and Lehman Brothers as AAA, AA minutes before they were collapsing. After they did fail, did you take any action against those analysts who had rated them?" Speier asked. "Did you fire them? Did you suspend them? Did you take any actions against those who had put that kind of a remarkable grade on products that were junk?"
If this bonds had such a high rating how can anyone blame the bank ? I do know that no one likes losing money but to say that it is the bank's fault is not right. How could they know that the ratings were not real ?.
B Attard
Feb 8th, 18:45
Dawn is-sitwazzjonijiet qed ikomplu jgibu l-incertezza.
Hafna nies spiccaw flushom 'misruqa' bil-pulit f'dawn l-ahhar snin.
P. Ciantar
Feb 8th, 18:32
what ? Any bond has a risk Mrs Cachia if you did not know that , than its your own lack of knowledge . All bonds are cautious and can loose capital be it govt corporate AAA bonds ..... even a savings account has a risk.....if you are risk averse put them under the bedsheet as even property has gone down. You are loosing your time and money
Andrew schembri
Feb 8th, 17:42
So what? This woman will not win her case against this Bank, she of course has the right to go to court.
We had stuff with this bank labelled 'Capital Guaranteed" and when the whole thing collapsed as it is apt to do with APS no capital ever materialised we were robbed of it. Perhaps someone could also enlighten me as to the true meaning of a "financial adviser or is the title open to any tom dick or harry??
Ivan Mizzi
Feb 8th, 17:35
In 2008, the international rating agencies rated Lehman Brothers as AAA. "caveat emptor". In any case, I don't want to discourage this old lady, but the church said openly that it is not going to pay a penny to the orphans abused by the paedophile priests even after they were found guilty in court..........
M Borg
Feb 8th, 18:13
As you wrote Lehman Brothers was rated AAA. That means that when the bank encouraged this women to invest in it , it did no wrong.
This was not a high risk investment.
No one knew what had to follow.
Mr C Busuttil
Feb 8th, 18:44
Mr. Mizzi,
the paedophile abuse was done by individuals behind the back of their superiors, the church did not make any covers ups therefore the local church cannot pay for the mistakes of others. Your comparison is a ridiculous attempt to gain some mileage with the church.
Why don't you mention the thousands that are being helped by the church in the various missions throughout the globe? jew ma jaqbillekx !!!!
Michael Attard
Feb 8th, 19:40
Just what the story of the orphans has to do with the investment. Please explain.
M Borg
Feb 8th, 20:54
@ Michael Attard
It has become very common to use all kind of things to get at the church.
As you said what has it got to do with it ?
Peter Murray
Feb 8th, 17:32
It would also appear that that the Church's bank now worships at the altar of greed and deception.Who should we pray too?
Franco Farrugia
Feb 8th, 18:00
What do you expect? A bank is a bank is a bank. You surely don't expect the bishop to tackle this issue, do you?
Alan Kay
Feb 8th, 17:20
As ever some ill-informed comments are insensitive at best.
The fundamental this lady should establish is, at the time of the completion of her personal financial review [fact-find] assuming one was completed prior to investment, "What is your attitude to risk?"
She appears from her letter to have been "cautious" as opposed to a balanced or adventurous view.
If so, exposure to high risk bonds is innappropriate advice and contrary to her attitude as risk averse.
No amount of research or market study can alter this basic fundamental.
M Borg
Feb 8th, 18:16
How very right !
But since when have AAA rated bonds been rated as risky ?
Lehman's Bank bonds were safe, the bank plus all the world did not know of what had to come.
ronald mifsud
Feb 8th, 17:17
Golden rule: if you have no financial knolwdge do no invest even if you have the money! Otherwise that is what you get!
B Attard
Feb 8th, 18:47
But that's what the supposed financial advisers are paid for.
James Pace
Feb 8th, 17:03
@ Ms. D. Galea.
You don't know much about investment do you?
investment wise "safe" means that there is less risk not that you are 100% sure you cannot loose money.
Moreover she did not loose the money and if the investment starts going upward again and she gets more that the 25 000 Euro she invested... what will she do??? who will she blame??? will she refuse the profit and continue the case against the bank????
If you do not agree with the rules of the game just don't play....
Peter Murray
Feb 8th, 17:30
Dear James ,
The point here is either lack of full disclosure or none whatsoever by the Bank.Was she clearly advised that the price of the bond could go down as well as up?Was she clearly advised that this investment was a high-risk one ?As with the La Vallete fund and the deception tactics deployed by the Bank with the targeting of unsuitable investors there appears to be little or no clear and concise advice prior to accepting her investment without the inherent risks of any investment-least of all high-risk- being unequivocally explained.One final point ,would you be so cavalier and seemingly indifferent to this lady's plight if she was a family member or friend?
Andre Grech
Feb 8th, 17:35
I totally agree with you.
carmel callus
Feb 8th, 16:39
Ms Galea, mhux aħjar tistenna biex tara n-naħa l-oħra tal-munita qabel ma tikkummenta!
mark johnson
Feb 8th, 16:30
If the value had tripled would we be reading this?
Thought not.
Adrian P. Cassar
Feb 8th, 17:00
The lady is suing the bank because she is claiming that she was sold high risk bonds when she was told they were not. It is logical that one complains only if things gow wrong, one wouldn't complain that a TV is of an inferior quality if it works fine ( even if it still was inferior quality)
Ms.D. Galea
Feb 8th, 16:09
One would have expected a bank especially one with a Christian concience, to exercise prudence when investing the savings of this poor old widow.
Investing in high risk bonds is tantemount to gambling in my humble opinion.
Christopher Bianco
Feb 8th, 16:51
Where there is money to be made.. only the money concience is in rule.. make more make more
Alexander Farrugia
Feb 8th, 16:03
Ma nafx kemm se jirnexxielha tirbah dan il-kaz. Qabel ma tinvesti, it-termini u l-kundizzjonijiet dejjem ghandhom jigu moqrija sewwa. U kif jghidu, il-passat mhux garanzija tal-futur. Fl-ahhar mill-ahhar, investiment dejjem jinvolvi riskju, xi ftit jew wisq.
carmel muscat
Feb 8th, 15:54
il lajs u jajdu li ma hawnx flus flus veru ma hawnx fl art imma god djar hawn flus ta hudu mil lis stocks tal gvern inbellu kollha kullhadt igor hawn malta u ma jinqosna xejn
Bogdan Cilia
Feb 8th, 15:17
Never invest at high risk !! and more than that! Never listen to what the bank or anyone else tells you to do! If you want to invest, study, read, and research and most of all .... observe the Market!
Adrian P. Cassar
Feb 8th, 17:06
First of all not every body has the skills to study, read and research. That's why advisors exist.
Secondly high risk investments might have high yields, so one has to know this. This is the whole crux of the complaint. Did the bank fool her?
Bogdan Cilia
Feb 8th, 18:39
@ Adrian .... I didn't get a degree in investing, reading and observing 30minutes a day for 2 years thought me all I need to know! Neither the best Investor in the world, can always win! All of them fail now or in the near future!
cesco di luigi
Feb 8th, 19:10
I agree with everythin you wrote except observe the market. It's not so important . research is the most important. Know what you're buying. it applies to everything in life ...not just bonds... even houses, cars, clothes, books etc.
Andrei Lugovoi
Feb 8th, 14:48
what?