Thank you for your time and expertise.So if I have this right, I understand that -
* you were trading with borrowed money and making a profit, with which you were able to meet your loan repayment requirements
* you lost 30% of your total accumulated profits to that date in one day, 18 September 2013.
* after that you did no more trading and so of course you were unable to meet the loan repayment requirements.
At this point in one sense it doesn't matter who caused you to stop trading, whether you decided to stop or UBS decided to freeze your trading. The conclusion from 18/09/13 is that your trading was high risk. There is therefore some probability that you would eventually make further large losses and that would not help you or the lender. It is not relevant that you made profits before this date, as a record of a series of profits does not indicate that the level of risk attached to a strategy is low.
Alright, maybe late execution did turn a small loss into a large loss, so maybe that was indeed UBS's fault. But it remains the case that because a few minutes delay caused you to experience an increase in loss from 5% of total profits to 30% of total profits, this indicates a very high risk strategy. It was the right thing that you stopped (or were stopped) using it, you would probably have gone broke anyway.
Also relevant is that your entire business model was high risk - i.e., locating in a low regulation jurisdiction, selecting trading as a means of income, borrowing capital to fund trading, using your own residence as security on the loan. All exceptionally high risk decisions.
So from 08/10/13, your trading is over. You should not have been trying to trade via UBS or anyone else, with borrowed money or your own capital. However, you still had a legal obligation to repay the loan plus interest to the lender.
At this point you adopt a further high risk strategy, which was the legal one - you keep the borrowed money and stop the repayments while you fight the case against UBS. High risk because -
a) resorting to the law is to some extent resorting to a lottery - even experienced lawyers lose cases they thought were sound
b) you risked losing the security on the loan, your main residence
c) you laid yourself open to counter-claims, which you could not fully predict or quantify
d) you would be at a disadvantage in proceedings, through your adversary being able to secure greater and better quality legal support than you could afford
e) by withholding repayments you breach the contract that you are now trying to seek enforcement for.
It might be that most legal cases never come to court Surely at some point did UBS offer to settle? Or you must have had the opportunity to offer to settle?
I am now mixing my opinions with my understanding of your case, but leaving aside what I think, are the facts correct?
Sadly you missing number of facts and inverting others.
Will be interesting if you can make a real exam of your attitude toward my case and a discovery of what caused you to be so biased and to look for a confirmation of your assumption that we are not victims robbed by two big banks (the BNP Paribas is the third still not sued by us).
I divide my reply in two groups of facts in the hope that you may look at from a different point and have a neutral position based on the facts and not on the wrong assumptions.
Here is a number of facts where your expertise was only partially correct
1. Our business model was not high risk, but measured and balanced.:
for every professional active trader, the delay of more than a few seconds can rise lost of profit for more than 30%. Even here on ET many can confirm it, if they will wish to speak. Our whole risk of capital for every trade was very tiny and whole exposure was never more than 2%, the number largely accepted as more conservative and reasonable. For this reason, we did not invest in two stocks which made a very nice jump later - UBS refused to hold stop losses when their offices close, but the market is open! And as you know, they refused our electronic platform and DMA.
2. You omitting the very important fact that UBS refused our electronic platform and DMA. And the whole discussion about delays would not rise. We heard that it can be part of a manager's greed who are getting extra% to their salaries from the trades executed manually or extra fees collected from the clients. While it may be truth motivation, I don't know, and it is not relevant to us. What is relevant is that two of the most reputable service providers miserably failed to serve our activity and created a large number of damages., while showing the deep disrespect for law and civil rights of the consumer and individual traders
3. At the distance of this years, we certainly would not use UBS's product, but it is their fault that they advertise the product which in reality had no intention to offer and planned all ready to wind up in the Bahamas.
As for the whole risk models and risk tolerance, please, allow me few more words:
I believe we are speaking from different towers - considering your writing style and position, you probably born with the capital. We don't. But we were able to create an important for us capital in only three years from first borrowing and then paying back all, and has much more left, which allowed us to have then significantly higher lifestyle, the one which we had no access before. Have you ever done similar? Do you know how much borrowed Jeff Besos? And Starbuck's founders? And others successful entrepreneurs? Where world would be without risk takers?
Here are some other facts, whether your expertise has inverted the truth statements of facts
1. We did not breach the contract and never stopped to pay. You omitting three important facts:
A. If UBS executed my trades in the two weeks followed 18 September 2013, the generated profit was enough to cover interests for the next two years
B. If UBS were executing my trades within promised 20 seconds, we would have funds to pay all the interests up to loan expiration
C. UBS sequestred money from our account and refused to take all interests pre-paid
2. You forgetting that UBS went in liquidation, announced in Media in March 2014, and legally resolved in March 2015.
3. You omitting that UBS refused to settle and accept our offer to ger interests pre-paid and let us use the rest of the capital. It would not be more there concern - in their position, for risk management, they should consider that in case we fail to produce enough capital to repay the loan, we could sell the home.
But they could not, because went already in liquidation from one side, and behind the name UBS there is a branch of people, filled with envy and greed.
4. You omitting Credit Suisse, there was no loan at all. But the Law firm representing both is the same and this is also important to understand of why so stupid and blind aggressivity from the part of UBS's actions - just in hope to squeeze us.
Said that it is very interesting to know, why instead of helping us you are trying to label with inverted facts? While answering to you is already helpful and make me understand more the strength of our position and futility of our adversaries, for which I am grateful, one question still puzzling me - why you are so negative towards me? In the thread "Why you are posting on ET", you stated that your motivation is to help other traders, correct?
So what is wrong with my case? Can it be because my trading strategy is simply different from yours? Is it because we born in deferent worlds and environments? Can it be because you are from institutions side or big hedge funds and is having kind of snobbism towards little flyes who can make big jumps, as Richard Dennis and many others.. Or maybe it is disturbing that with my broken English we already made some exceptional numbers and in only two months generated the whole amount of interests for UBS's loan, until it's expiration plus some good for living, if only trades were executed within promised 20secondd, which is still too long for the today world.
you easily can know my name and background, I don't know why you are in real life. Only you know what is your real motivation in trying to present our clamorous story as a trivial case of humans stupidity instead of understanding and support this ferocious war for the rights and honor fo all individual traders?
Thank you very much for coming back with honesty and sincerity.