Hi
Technically, the BORONs contract indicates that you can submit your signed surrender forms 30 days prior to maturity. I think that is under Clause 2.2. And in Clause 2.3, it indicates that PG will have to pay you within 30 days of acceptance of your surrender form. Knowing that, I submitted my surrender forms to them as early as 8 Dec 2009 which they accepted. They would then need to pay me on Jan 8, the maturity date. Obviously, that did not happen.
I have previous experience trying to re-coup my money dating back to Oct 2009 and ever since then, the only PG person who at least would answer my phone calls (though not always) has been Simon Dawson, the Singapore Client Services Manager. Recently, I have been in contact with him about recovering my matured investments, and he arranged for me to speak with a newly appointed Sales Director of Singapore operations, a Tim Folgeberg (I think its spelled like that). I met up with this guy yesterday and was basically given the same story we have all heard...
Basically, PG has run into some cashflow issues due to BORON products customers not paying (do you believe they have a 90 day credit term, and investors like us are supposed to get our matured money back in 30? How stupid is that!), delays in the final phase of AAA (Philippines) land plots realization due to governmental procedures. In short, they are out of cash, and have been strategising to pay off investors they have owed for more than 6 months first - this being the most pressing. They have been paying off a bit at a time, some 700k in Jan, and they are also struggling to keep the office running. The other thing he mentioned was compensation and he has been trying to get the other Directors to agree to the idea of compensating the delays by offering investors a chance to covered to AAA plots which are due to get the big payoff - how bloody dense can he be? Investors can't even get their money when it is matured, you think they want to wait a little longer for a "guaranteed" (in his own words) payoff from AAA plots? He mentioned that they are soon to realize the payoff from the AAA plots as they are undergoing the final phase of governmental approvals to develop the land. They have got the developers who are willing to come in and he is expecting about USD92m that will get PG back on the surface and allow them to catch up with the backlog repayments to investors.
I told him I wasn't interested in any of that and just want my money back where it is due. I told him to try compensating pro-rata interest on the BORONs instead! In any case, I told him that if they knew they were having all these problems and they were serious about doing their best to meet obligations, why not come clean with investors and provide a schedule for repayment + compensation for lost time? It's probably all bulls**t from his month anyway. I told him I want my money and that's the bottom line. It's giving me a lot of grief and I am already taking action. He finally "promised" to take my case personally to the Directors on 28th to fast track me to the next cycle of payment. He again cannot "promise" me anything but he will try to get me at least part payment and propose the compensation. Ha Ha Ha...
Anyway, I will wait for his call on 29th to see what turns out. Meantime, legal action continues. Its not good though. Legally, our claim for BORON is against a Dubai company, which will probably get us no where. Plots have such a weak agreement that it probably cannot be brought to court. That all from my lawyers so if anyone has better luck with their lawyers, let me know and I will join.
Surprisingly, I got a call from Spring Singapore today regarding the letter of complaint I wrote against PG. I gave them the low down and even mentioned you guys here on this forum. They indicated that they will be performing some investigation and will be approaching the company about its conduct. While this will just be superficial damage to PG, I plan to take them apart piece by piece - hopefully not before everyone affected have recovered their money
In any case, CAD, Spring Singapore, and Legal Actions have been on the board. I will give them a cooling off period and wait until the 29th to see what happens. If it turns positive, will let you guys know. Meantime, keep the pressure on. I want to recover both BORONs and Plots. I am not waiting for maturity anymore and am not going through another round of their charade. Any of you have legal eagles who can help in this, let me know 'cos mine are pretty pessimistic about the whole thing.
Cheers and keep the faith!