Saturday, 15 March 2014

The Whole Truth and Nothing but the Truth

John F Kennedy once said, “The enemy of the truth is very often not the lie, deliberate, contrived and dishonest but the myth, persistent, persuasive and unrealistic” and, after five ineffectual years of mythical post crisis reform and regulation of the UK’s banking sector, the truth has not only failed to set me free but it has also failed to spark the Financial Ombudsman Service’s interest or ruffled a single untouchable HBOS  or Lloyds Banking Group feather.

In a last ditch attempt to persuade the dismissive and the disinterested of my sincerity, I have, over the past two weeks, implemented the following;
  • Prepared, sworn under oath and sent a statutory declaration to the FOS reiterating my claim that the mortgage application my broker submitted on line in 2006 contained false information which I did not supply.
  • Sent HBOS’ customer services department my eight page letter of complaint because, contrary to my expectations, the FOS declined to ask HBOS to comment on its contents as part of the complaints process
  • Simultaneously written to Lloyds Banking Group customer services, Lloyds Group Chief Executive Officer Antonia Horta Osario and Lloyds Group Chief Risk Officer Executive Juan Colombas, stating,
“Following the final decision from the FOS on 10 February 2014 it is now my opinion that the contract entered into in 2006 with the Bank of Scotland by myself and my husband is null and void. This is because it did not conform to due process and it was granted on false information which was supplied fraudulently by [a broker] and then negligently verified by HBOS’s underwriters M**** ******, S** ****** and J** ******.
As a result of the Ombudsman’s findings, together with information gleaned from a Data Subject Access Request, I am now of the opinion that I need to make a new complaint.

Yours faithfully”

Life After Debt

And,

  • In an effort to understand the consequences a regulated  lender might suffer if they were found not to have complied with FCA rules, spoken at length with the FCA consumer helpline about my case.
As a result of my endeavours I have been advised;
  • The FOS have received my “letter” and attached it to my file. There is no mention of them changing their plans to publish the ombudsman’s ruling on my case on their website
  • HBOS’ Customer Services are unprepared to discuss my case any further and can only refer me back to the FOS’s recent ruling
  • HBOS’ Executive team are in receipt of my letter of complaint, it is very important to them and they will be responding to it shortly 
And the Financial Conduct Authority informs me;
  • The FOS are not empowered to rule or comment on cases of fraud
  • HBOS are duty bound by FCA rules to prove beyond reasonable doubt they took adequate measures during the underwriting of my mortgage to verify the information contained in my application was true
  • FCA rules run parallel to the law but, as guidelines, are not legally binding. Lenders are not required to keep compliance documentation for more than a year and the FCA, having asked for full details of the alleged perpetrators, strongly recommend I report my findings to Action Fraud or the police.
Thankfully, the tireless support, diligence and expertise of my FB friends has now put the latter very much in hand. 

Nineteenth century German born philosopher and author Arthur Schopenhauer believed, “All truth passes through three stages. First, it is ridiculed, second, it is violently opposed and third, it is accepted as being self-evident”. All I can now hope for is that, after six excruciating years of ridicule and violent opposition, the truth may finally become self evident in the hands of the Serious Fraud Office.

After all, in the words of Mahatma Gandhi;

 “Even if you are a minority of one, the truth is the truth.” 

1 comment:

  1. I hope that you can finally get somewhere now. It's amazing how little the Ombudsman thinks that it can do. Why can't it report a crime when it sees it? Any other citizen is expected to. Good luck in this next phase of your struggle.

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