First Viscount Saint Alban, philosopher, statesman, scientist, jurist and author, Francis bacon once said," It's not what we eat but what we digest that makes us strong: not what we gain but what we save that makes us rich: not what we read but what we remember that makes us learned: and not what we profess but what we practice that gives us integrity" and although I have drawn strength
from words such as these throughout each and every excruciating year spent in the
ruthless jaws of the Halifax Bank of Scotland, I suspect for the vast majority
of those I am forced to deal with, strength of resolve, fair practice and integrity occupy a negligible space among their tasks in hand and this week’s correspondence has offered little opportunity to think otherwise.
Following receipt of the Financial Ombudsman Service’s confirmation
that my miss selling case has been
accepted and is now awaiting allocation to an adjudicator, I have requested a copy of every single document relating to my Bank of
Scotland mortgage from the following
organisations.
- The solicitor who conveyed my mortgage
- The Bank of Scotland archive
- The surveyors instructed to value my property
- The mortgage broker who introduced our application to HBOS
Excited in anticipation of the information
my actions might afford me, I was delighted to find my solicitor happily agreed
to put the matter in hand immediately and, in spite of a history of reluctance to assist in my compliant, I am equally
pleased to report HBOS have agreed to
furnish me with the information I require by 1 April.
Both the
surveyors and the broker have not.
Much to my astonishment, not only have I discovered the surveyors instructed to value my home were salaried HBOS employees, but because of a specific instruction by the Bank of Scotland at the
time of application stating I should
not be supplied with the valuation, these same HBOS employees remain
unwilling to part with any information now. Furthermore, the broker who placed our £790,000 mortgage with HBOS in 2006, and by so
doing earned himself a healthy £4,000 fee, now regrets they are unable to
supply copies of documents relating to my mortgage application because their
regulators do not require them to keep records for this length of time.
As my recently acquired advocate and I smell a rat, I have written to the
Financial Services Authority to ask for their comments on the mortgage brokers letter. I now wait with interest to learn the outcome.
American novelist and author Lloyd Alexander said, “We learn more by looking for the answer to a question and not finding it than from learning the answer itself” and while some continue to seek answers which negate bonus caps and
others prefer profits to serve the greater good, I plan to practice the art of
asking questions of HBOS because I am
convinced it is as organisation where fraud has come naturally and because of
this I am now paying the price.
I would be very surprised if HBOS has destroyed 2006 records. They have a legal obligation to keep for 6 years and have a moral obligation to retain them longer if a dispute is under way. Given your dispute pre-dates the 6 year rule they will be there somewhere. Perhaps you should ask who gave instructions to destroy them. Anyway, the BOS archive and solicitor data should have sufficient information to support your case in the adjudication. In any event I wish you all the very best in this next endeavour.
ReplyDeleteAshley