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Sir Keith Mills sticks with his vow to sue Coutts

by Sarah Miloudi, Dylan Lobo on Nov 08, 2011 at 08:11

Sir Keith Mills sticks with his vow to sue Coutts

Sir Keith Mills has said while he welcomes the FSA fine for Coutts for selling the AIG Enhanced Variable Rate fund he has no intention of dropping his law suit against the private bank.  

Mills, who set up the Nectar loyalty card scheme, made his comments after the FSA found seven major failings at Coutts in the way it sold the fund, which has resulted in a £6.3 million fine for the private bank today.

As part of the penalty, Coutts has agreed to carry out a past business review, overseen by an independent third party, in relation to all customers who remained invested at 15 September 2008 and will compensate all those customers who have suffered a loss as a result of its failings.

However, former Coutts' customer Mills, who launched a law suit against the bank at the end of last year over the sale of the fund, said he is still waiting for an apology and that he intends to continue with his claim through the High Court. Mills had around £65 million of her personal fortune in funds invested in AIG Premier bonds with another £8 million from a family trust.

'I welcome the  FSA’s decision, announced today, to fine Coutts for its mis-selling of AIG bonds. I made the mistake, along with hundreds of other customers, of trusting Coutts and they abused that trust,' Mills said. 

'The least they could do now is to apologise and fairly compensate their customers. I have yet to receive an apology or compensation.  I will, therefore, be continuing with my claim through the High Court.'

According to the FSA between 3 December 2003 and 15 September 2008 Coutts sold the fund to 427 high net worth customers, with investments totalling £1.45 billion.

The fund the went wrong

The AIG Enhanced Variable Rate fund invested in financial and money market instruments but unlike a standard money market fund, it sought to deliver an enhanced return by investing a material proportion of the fund’s assets in asset backed securities and floating rate notes. 

The investment turned sour in the financial crisis of 2007 and 2008 as the market values of some assets in the fund fell below their book values.

The was amplified by the collapse of Lehman's on 15 September 2008, which triggered as sharp fall in AIG’s share price. As a consequence a large number of investors sought to withdraw their investments and there was a run on the fund, forcing it to suspend with customers prevented from immediately withdrawing all of their investment.

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8 comments so far. Why not have your say?

Adam Murza-Murzicz

Nov 08, 2011 at 12:46

The comments of the FSA are equally applicable to many other, so-called, wealth managers, not just Coutts. From my experience, many "wealth managers" are just not intellectually up to the job. They are salesmen who, often, do not understand their function. They seem to believe that "stuffing" clients into funds/stocks which generate the largest commission is good business. When it all turns sour the client ends up with the short end of the stick and the boy saleman walks away with the commission/bonus.

Please explain to me what the difference is between a "wealth manager" and a snake oil salesman!

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Neil Shillito

Nov 08, 2011 at 16:16

Well, yes Adam. I know eactly why you have posted the comment and I understand your frustration. WM is a much abused term and many WM's are nothing of the sort, they are 'asset managers' with no skill or intent to provide proper financial planning. At worst they are spotty youths at the local bank offering'WM' services if you have an eye-watering £10k to invest, or indeed snake oil salesmen (or both).True wealth management is management of a client's wealth, that is to say the overall, strategic long-term management and planning of a client's wealth and this advice and service proposition involves a genuine commitment by both parties that the client will pay and the adviser will deliver. In our case, our fees are charged as a percentage of 'investable assets', but our advice is applicable across their whole wealth not just the investment portfolio. This long-term relationship ensures that the interests of the client and adviser are very closely aligned. In our business, we charge our fees half yearly in arrears, and because we are wholly fee-based, paid directly by the client with commission forming no part of our remuneration,the significance of arrears is that if we don't provide the first-class service and advice we promise, we don't get paid.

By the way, although I have some sympathy with Keith Mills in that he was flogged a dog, I understand he invested £65m, so he deserved to lose every penny and should probably receive a good kicking (if Mrs Mills has not already done so).

Best wishes

Neil

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Eric Haring

Nov 11, 2011 at 09:17

So how dose one know... if the person you are introduced to ie; your new "wealth manager" is a person thats up for the task..

who out there has their money being looked after by Coutts.. comments please.

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Neil Shillito

Nov 11, 2011 at 15:58

Hello Eric. Of course there are no guarantees, but the same applies to every walk of life. Do your research, ask questions and seek referrals from those that already use the firm.

Neil

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Knowledgable insider

Nov 12, 2011 at 14:05

In my experience large investors do not wish to have the degree of diversification that large investments necessitate to even out short term volatility. This is particularly true of self made men who wish to understand the workings of the investments they are making and do not have the time or inclination to sift though dozens of different fund profiles. Consequently a one solution product is attractive to them and when it goes wrong they can hardly complain. A £65million investment in one fund is acceptable if it relates to say 10% of the overall portfolio and then the client should have course be briefed of all possible outcomes. If this wasn't the case then of course he has a case for compensation.

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Eric Haring

Nov 12, 2011 at 15:14

Any other existing Coutts clients out there....satisfied or not with something to comment about the service they have received re investing of your money ??

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Guy Usabreak

Nov 27, 2011 at 10:25

The bond went wrong? Is this correct or sloppy journalism? Normally bonds have a maturity date, government bonds for example, cash in before then and you can make a loss.. Basic investment knowledge required here! Am I missing something? It seems we have not yet reached the maturity date for these bonds.. That seems to me to be the time to consider how good the investment was...

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Ex- Coutts client via mobile

Nov 28, 2011 at 12:18

I have been following Sir Keith's case against Coutts as I was, until recently, a Coutts client, both in private banking and wealth management.

Those clients were clearly misled by Coutts, though the investors were also victims of their own greed.

My own experiences with the bank have been less than satisfactory and I think in their rush to grow they have lost some of their core values and cut corners. The personal service from the private bankers is one crucial area which has suffered.

The discretionary wealth management works by classifying people by risk and time frame. To that end, investors in say the category of wealth enhancement are all treated the same. To me, there is something fundamentally wrong with this as it makes very broad assumptions about investors. The category you sit in can be changed as your appetite to risk changes.

The wealth manager (private banker) is the contact you have who makes suggestions via a quarterly meeting. Your money is invested by someone working to one of the three models (low, medium & high risk). You don't know these people and they have no relationship with an individual customer.

To be fair to Coutts they are trying to get back to what they once excelled at, as well as overhauling systems. You cannot help but feel (clearly see) that RBS has used the bank as a cash cow over the years and failed to invest the money required to compete with other wealth management banks as well as retaining the high level of service that was implied by being a customer.

Things will change with the appointment of Rory Tapner but the fine represents a huge wrap on the knuckles and exposes their failings in wealth management.

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