Thursday, 16 April 2015

Differences of Opinion

Graduate of the U.S. naval Academy, motivational speaker and author Denis Waitley once said, “Failure should be our teacher, not our undertaker. Failure is delay, not defeat” and while I cannot dispute my failure to bring anyone to account for falsifying my mortgage application continually provides me with an education, the delays incurred by misinformation, ignorance and regulatory belligerence have repeatedly buried me in despair.

Over the years I have spoken to countless fellow victims, whistleblowers, financial journalists, debt consultants, financial regulators and solicitors as well as a plethora of FB friends and twitter users, all of whom have generously shared their expertise. Each nugget of information they have so generously imparted has been carefully stored in my numerous lever arch files, saved on my computer and crammed into my head. As a result, both my head and my computer are now low on memory and my office cupboards are fit to burst.

Yet still, despite my best efforts, there has been nothing to report which warrants even the loosest interpretation of success.

I have been thwarted at almost every turn by the pomposity and arrogance of those working for the collections and mortgage departments at HBOS. Instead of thoroughly investigating my mortgage mis-selling claim they chose misinformation and an unyielding reluctance to share information (information which they are required by law to provide) to deflect and delay my progress and towards an individual reporting mortgage fraud, the Financial Conduct Authority exhibits disinterest and thinly veiled disdain. The Financial Ombudsman Service was equally ineffectual. Not only did they display repeated instances of bungling incompetence which cost me nigh on two years in delays but they actively condoned HBOS’ obstructive behaviour to withhold information which was pivotal to my success.

Since reporting the fraudulent content of my mortgage application to the police last year, I have been told to seek legal advice and, in an effort to secure this, I have presented my case to six different law firms. While my initial approaches have all generated sufficient interest to prompt a request for further information, to date each firm has come back to me with a variety of inaccurate reasons for not wishing to proceed. Discovering that my unsolicited education in mortgage mis-selling has already furnished me with a level of expertise which now exceeds that of some professionals, has not only leftme despondent but my repeated failures to secure legal representation have cost me even more time in delays.

As a result, I now have only eight short months left to make my case before it is deemed statute barred. 

With no money to fund it and only the Fee Free Advice of my Local CAB to rely upon, I had all but given up hope of finding someone to take my mis-selling case to court. Writing further posts to chart my repeated failures seemed pointless, especially when the sole purpose of starting my Life after Debt blog was to raise awareness of ongoing banking criminality, become better informed and increase fellow banking victim's chances of success. However, after seven long years of in depth investigation (while simultaneously dealing with HBOS’ bullyboys) and writing 184 blog posts about each painful step along the way, it seems my determination might have finally paid off.

Thanks to a fellow victim of HBOS who made contact with me after reading my Soulless and Searching post ,I have today received the Terms of Engagement from a firm of lawyers who not only believe my case has merit but wish to take instruction on a no win no fee basis.  As time is short, they have already sent my documentary evidence to a London barrister who specialises in financial cases and mis-selling and I, along with several other HBOS victims in a similar predicament, await his opinion. 

I am nothing short of delighted.

Denis Waitley also said, “[Failure] is a temporary detour, not a dead end. Failure is something we can avoid only by saying nothing, doing nothing, and being nothing” and those who know me will doubtless agree that saying nothing, doing nothing and being nothing has never been one of my strong points. 

So, on the turn of a sixpence, I find my fingers are firmly crossed once again!


  1. Why have the Police not pursued your mortgage intermediary - wasn't there a question of fraudulently completed documentation?

    1. Without them even looking at the evidence I was told by Devon and Cornwall Police that this kind of fraud it is likely to be too complicated for a court to understand and therefore too difficult for them, with their limited resources, to secure a prosecution. They advised me to seek legal advice before supplying them with anymore evidence because they will most likely view my husband and I as prime suspects in the fraud as, in their opinion, we had the most to gain from the falsified application. They also said that even if I can successfully prove I have been a victim of broker fraud, it is primarily a civil matter and not usually a matter the police would deal with.

  2. I reported a similar case about a broker to the police and was told that the lender would have to make the complaint. Since the fraud was committed against them