Australian Broker magazine Issue 8.15

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$4.95 POST APPROVED PP255003/06906

ISSUE 8.15 August 2011

Trail book broker attempts media gag

Galvanised: Former VOW Financial CEO Jeff Zulman to launch professional trail book consultancy to protect the ‘vulnerable’ after experience with Buy A Trail

 Mark Whittingham offers broker settlement deal to silence negative comment

Mark Whittingham, director of Home Loan Selection Services Pty Ltd (HLSS), has sought to gag mortgage brokers from complaining publicly about his

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trail book broking service, Buy A Trail, after an Australian Broker investigation into his activities. In a draft ‘Deed of Settlement’ document obtained by Australian Broker, HLSS seeks to reach a financial settlement with mortgage brokers that the business is currently in dispute with, on the condition they “cease and desist from making or publishing any defamatory statements”, and “immediately

Getting direct

write and confer with any third parties unconditionally retracting all defamatory statements made and denying the truth thereof”. The settlement offer from company director Mark Whittingham comes after an investigation from Australian Broker, which yielded evidence that multiple mortgage brokers, who have been looking to build their businesses through the acquisition of new trail books, have complained of difficulties in dealings with HLSS and Buy A Trail. Complaints include claims of not having trail books supplied after the payment of a deposit, and most consistently, the difficulty or inability of having these deposits refunded. The amounts in dispute have ranged from a few thousand dollars, into the tens of thousands for large books. In the “Deed of Settlement”, HLSS acknowledges as part of its “Recitals”, that “…the parties are in dispute concerning a course of dealings between them regarding the sale and purchase of trail books”. The document goes on to offer terms of settlement, which includes a promise from HLSS to pay an unspecified sum or “settlement sum” within seven business days into a nominated bank account, which would be considered a “full and final settlement” of the dispute. Another term states that upon receipt of the settlement sum both parties would “agree to mutually abandon any rights, entitlements or Page 20 cont.

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Brokers slam ING Direct service Page 2

Proofing PI Office document printing a new risk Page 4

Higher hurdles 80% benchmark set for conversions Page 6

Inside this issue INVESTIGATION 20 HLSS and Buy A Trail complaints Opinion 23 Support second tiers: ING Direct Analysis 24 An industry succession plan Insight 25 Growing, by getting LinkedIn Market talk 26 The economy: pros and cons Toolkit 27 How to set up solid referrals People 28 Lawler, YBR and the future Insider 30 The new (virtual) property tycoons

8/1/2011 2:36:15 PM


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