To: Michael Ohlendorf who wrote (3095 ) 3/16/1998 8:54:00 PM From: WTMHouston Respond to of 6317
Michael, unless the time and sales data shows that the ask dropped to or below your limit price, you are going to have a hard time....I do not think it will be enough that there were other trades at 6 3/8 unless you are able to demonstrate that your limit order was in line in front of them....which may be very hard to do. That said, the word that they hate to hear is "ARBITRATION." Take a look at your written agreement with them (and if you don't still have it get another one). It will tell you what steps to take. I would start threatening it right away and you should definitely move up the chain of command, whenever someone tells you no. Finally, to the extent that you have any damages, you must mitigate them. If I were PW, my position would be that your damages are limited to what you could have bought the same option for at around the same time that you discovered that the trade had not been executed. If you thought/think it was a good trade, you should still do it...If you fill the trade now at a higher price, you damages are clearly defined...If you fail to pursue the trade, your damages become speculative because there is little if any way to tell what your loss is because you will never have a real closing position. They are not likely to agree to give you your full measure of damages, up front, if at all - whoever said they would stonewall is correct. They will likely look to compromise and probably by adjusting or discounting past or future commissions. My guess, and that is all it is, is that the call was recorded...they do it as much for their own protection as yours. These things happen from time-to-time. They are in an evaluate and damage control mode - you should be too. Hope some of this helps. Troy