Could I ask what you mean by contents of the SDB mixing up with the rest? Are they just mixing everything categorically or are they actually moving the inventory and mixing it up with others?Hi guys, I am also holding my life savings in a SDB with them. I sent them the proof of everything last Monday and received nothing in the form of confirmation. I tried speaking to them today and after numerous attempts, I got through and spoke to the admin lady. I tried to argue that the contents of the SDBs should not be mixed up with the rest, that the contents are our property and it should not take this long to get access to see whether the contents are still there or not, but she wouldn't have it.
I'm all for creating a group.
I meant that I understand that, for example, for the allocated / unallocated stock there needs to be a reconciliation process, and for all the other matters that have to do with the finances of company there has to be a review, but if I hold my property in their boxes and I provide proof for it and the SDB number, I see this as a straight-forward process, which should take priority over the other investigations. Yeah, one could suppose all sorts of ulterior motives...Could I ask what you mean by contents of the SDB mixing up with the rest? Are they just mixing everything categorically or are they actually moving the inventory and mixing it up with others?
I meant that I understand that, for example, for the allocated / unallocated stock there needs to be a reconciliation process, and for all the other matters that have to do with the finances of company there has to be a review, but if I hold my property in their boxes and I provide proof for it and the SDB number, I see this as a straight-forward process, which should take priority over the other investigations. Yeah, one could suppose all sorts of ulterior motives...
Or am I wrong??
Another huge red flag is that people here had access to their records for a while after the liquidators took over, which goes against their claim that there are no records. This is worrying!!
Also, how are they able to email all who are involved in this when there are no records
Was chatting to a mate earlier on today re Perth Bullion and its implications. One thing he said to me (point 1 below), led me to something that may be of use / comfort to those affected by the liquidation of Perth Bullion (point 2).
Pls note, I'm not a lawyer or liquidator, so pls take the below as general information only (not advice) and pls seek your own professional / legal advice on same.
1) My friend has a safety deposit box with a large well known non-bank custodian company. He has lodged a PPSA registration over (need to confirm with him was it the just the box in his name, the contents or box and contents??). Thus whilst Bailment laws come into play with such arrangements (ie you and your safety deposit box provider), a PPSA registration perfects your security interest in your name under law. Search PPSA/PPSR for details. I will be looking to do same myself. Can’t comment re a PPSA on unallocated / allocated programs but worth a looksee for those utilising similar services..
Pls note under Australian Corporations law, an asset held by a company (not the company’s asset, but someone else’s) vests with the insolvent company when a insolvency events occurs and an Administrator / Receiver / Liquidator is appointed…if the owner of that / those assets did not perfect their security under the Australian PPSA laws. There is recent NSW Supreme Court judgement on such. Thus whilst Bailment laws and the below will hopefully assist those impacted by Perth Bullions insolvency, the value of a PPSA registration is worth a look as added security (belts and braces). I haven’t taken any PPSA registration steps myself as yet, thus comment on cost or timeframe for same.
2) In looking for information re the above ie PPSA and Bailment I came across this WA Court ruling from 2014 (links below), in which a Liquidator of a WA Coin and Note dealer (put into liquidation by Westpac) went to the WA Courts to confirm their position that where someone (ie you a buyer / storer of goods) can prove ownership to assets held by the coin store (cross checked against the company’s records), then you get the assets back rather than other creditor. Not sure how this plays out for purchases made in early July but not received, but pls note para 16 of the judgement which notes:
“The Receivers undertook an extensive review of the claims made by Investors for Goods and other items. The review included requesting Investors to provide documents to support their claims to the Goods. The initial application concerned only those Investors who provided sufficient documentation and which the Receivers verified as matching the records of Arcabi.”
From my experience, documentation is king so and I've said it before, find everything that relates to your purchases, invoices, contracts, holdings, SBD's EFT's, emails etc, collate in date order and put a summary sheet on front with all your details. The easier you make it for the Liquidator and work with them, they'll be more inclined to work with you...but give them some breathing space now as the first few weeks of a Liquidators appointment is frantic as they work to get their hands around the company, it's assets, documents etc. If the record keeping was poor, then reconciling financials, bank accounts, inventory, orders, assets held for customers will take time.
Given the similarity between the coin store and Perth Bullion’s business, here's the links to the case summaries and the full 40 page ruling which if you have the time is worth the read.
https://www.brightlaw.com.au/case-note-ppsa-receivership-and-goods-on-consignment-or-bailment/
http://www.eralegal.com.au/2014/09/18/bailed-ppsa-loopholes-closed/
https://www.chapmantripp.com/publication pdfs/Arcabi.pdf
Who are the real crooks here? You think its Perth Bullion? The real crooks are the taxation department and the liquidators. PBC and anyone who had holdings with them are the victims. You think the liquidator is just going to automatically send you your stuff? They don't want to. They would rather it go unclaimed and then they get to keep it. Maybe you lost or deleted your invoices and have no way to claim, then they get to keep it. That's why they will make it as hard as possible and jerk you around until you feel like its all hopeless and just leave it. Or maybe you wont even here about the liquidation in time and then its too late. You think this Neil bloke is doing this for fun and to help people? He is doing it to make money and cash in, so of course they will come up with all kinds of BS like missing records etc. Maybe PBC told a few people to pay them into another account so that they could ship them stuff without the liquidators knowing about it. Maybe they wanted to ship out a last few orders and had to tell people to pay the shipping cost into a new account as the liquidators had taken over the old one. Who knows but I doubt they were trying to scam people.
All speculation of course but at the end of the day, the message here is that the liquidators will jerk you around, believe that.
Not sure if its against forum rule, please delete post if it is but I just found details to contact Neil from the RSM website.
https://www.rsm.global/australia/people/neil-cribb
There are 450 safety deposit box holders, many of them with a large chunk of their wealth I would bet.Pretty close to the mark i reckon.
People do you really think this bloke is going to package up your goods and send them to you? Do you think he will offer refunds? Maybe if your lucky you will get a small window providing you have all the documentation to have access to your SDB in person, dont hold your breath.
When he is telling people to get insurance - read between the lines - ya gonna get screwed.
If Iam proven to be wrong and you get your metal/refunds then thats a great outcome for all those that have been caught up in this mess.
Be aware of the tactics being used to turn public sentiment against PBC.
Who are the real crooks here? You think its Perth Bullion? The real crooks are the taxation department and the liquidators. PBC and anyone who had holdings with them are the victims. You think the liquidator is just going to automatically send you your stuff? They don't want to. They would rather it go unclaimed and then they get to keep it. Maybe you lost or deleted your invoices and have no way to claim, then they get to keep it. That's why they will make it as hard as possible and jerk you around until you feel like its all hopeless and just leave it. Or maybe you wont even here about the liquidation in time and then its too late. You think this Neil bloke is doing this for fun and to help people? He is doing it to make money and cash in, so of course they will come up with all kinds of BS like missing records etc. Maybe PBC told a few people to pay them into another account so that they could ship them stuff without the liquidators knowing about it. Maybe they wanted to ship out a last few orders and had to tell people to pay the shipping cost into a new account as the liquidators had taken over the old one. Who knows but I doubt they were trying to scam people.
All speculation of course but at the end of the day, the message here is that the liquidators will jerk you around, believe that.
But I think the big surprise for me that the Perth Bullion guys are crooks too !!! Perth Bullion have set up an bank account after the company was put into administration but while they still had access to their website !
So I and other repeat customers have paid into this new account.
They did this to steal my and others money ! As they didn't even have access to the office or the their vault but the website was still taking orders and people's money.
Pretty sure Lloyd's provides safe deposit box insurance, but you may need to go through a broker such as JLT: https://www.jlt.com/industry/specie-insuranceINSURANCE
So the liquidator recommended that you arrange immediate insurance.
Unfortunately I think that is a good idea.
Has anyone got any tips/links for companies that will insure items held in a SDB?
What are we insuring against?