Re: Seeking Information on Filing a Formal Complaint

Financial Planning - Financial planning in general. (Moderated) 

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Subject Author Date
Re: Seeking Information on Filing a Formal Complaint Elle 12-17-2007
Posted by Elle on December 17, 2007, 12:57 pm
Are you after money? Or are you hoping the next customer of
this firm does not have the same experience you had? Or
both?

If you are after money--
Ideally, first consult an attorney who is independent of
FINRA, cfpnet or similar and so has no potential conflicts
of interest; someone who works for you and no one else on
this case, and so s/he will put teeth into her/is actions.
FINRA is formed by the same people it is supposed to
regulate. Sure, its staff may be completely bias free.
Problem is, FINRA's staff overwhelmingly do have, or have
had, connections to brokerage firms. I believe their mission
is to work for a free marketplace (which means fully honest
transactions yada between its members and customers like
yourself). But it's not the first place I would go, ideally.

For the same reasons, at present I would not go anywhere
near your brokerage firm's compliance officer. In fact, I
would say nothing further to anyone in your brokerage firm
right now.

If you are not so much after money, and indeed you are
worried about attorney fees, and also you want the firm to
shape up, I would consider www.FINRA.org 's resources for
arbitration.

A good attorney will be able to state upfront that (1)
his/her fees may either be larger than the amount you stand
to win; or (2) your case is so strong s/he'll win both the
amount you lost and ensure the court orders the brokerage
firm pay his fees.

You could also consider elaborating on the problem here, in
relative anonymity, and get people's impressions. Maybe
someone has had the same problem you are having with this
firm.

Disclaimer: I have never worked in the investment industry
or any financial service industry. I am an individual
investor who has invested in stocks, bonds, CDs etc. for
some 20+ years.


Posted by on December 17, 2007, 7:54 pm
wrote:

>Elle wrote:
>> Are you after money? Or are you hoping the next customer of
>> this firm does not have the same experience you had? Or
>> both?
>>
snip
>
>
snip
>
>My issue in a nutshell is this:
>
>I called the 401K plan administrator of my plan and asked to initiate a
>rollover. The said I needed to obtain the rollover forms from my former
>employer, so I contacted a plan trustee from my former employer. She
>said I had to work with "their 401K guy", and forwarded me to an
>employee of a brokerage firm - so we have 4 entities involved here - me,
>my former employer, the 401(k) plan administrator, and this broker person.
>
In my opinion the bad guys here are your former employer's 401K
trustee and/or your former employer directly. The basis for this
thought is that these are the people who have dumped your process into
the hands of a brokerage firm that is not operating in your interest
rather than providing appropriate administrative services to employees
and former employees. It is presumably the case that the brokerage
firm in question is operating as an agent (contractor) to the trustee
(and hence to the employer).

I could not even remotely suggest that there is anything illegal here,
but it seems certainly incompetent. You might consult an attorney
regarding the fiduciary duties of the trustee and the employer,
however.


Posted by Poe on December 18, 2007, 7:00 am
redmonds@sprynet.com wrote:
> wrote:
>
>> Elle wrote:
>>> Are you after money? Or are you hoping the next customer of
>>> this firm does not have the same experience you had? Or
>>> both?
>>>
> snip
>>
> snip
>> My issue in a nutshell is this:
>>
>> I called the 401K plan administrator of my plan and asked to initiate a
>> rollover. The said I needed to obtain the rollover forms from my former
>> employer, so I contacted a plan trustee from my former employer. She
>> said I had to work with "their 401K guy", and forwarded me to an
>> employee of a brokerage firm - so we have 4 entities involved here - me,
>> my former employer, the 401(k) plan administrator, and this broker person.
>>
> In my opinion the bad guys here are your former employer's 401K
> trustee and/or your former employer directly. The basis for this
> thought is that these are the people who have dumped your process into
> the hands of a brokerage firm that is not operating in your interest
> rather than providing appropriate administrative services to employees
> and former employees. It is presumably the case that the brokerage
> firm in question is operating as an agent (contractor) to the trustee
> (and hence to the employer).
>
> I could not even remotely suggest that there is anything illegal here,
> but it seems certainly incompetent. You might consult an attorney
> regarding the fiduciary duties of the trustee and the employer,
> however.
>


This has crossed my mind (the bad guys being the plan trustees). They've
become extraordinarily quiet since this has soured, and were exceedingly
unhelpful before that.


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