Astonishments

Yorkshire born Canadian serviceman Harry Banks and reputedly “the crucified soldier” of the First World War once said, "If at first you don't succeed-try to hide your astonishment" and although the events of recent weeks have provided me countless opportunities to follow this advice, hiding my astonishment has been nothing short of impossible.

• I have been astonished to discover my now severely disabled eighty seven year old mother has been required to stay in hospital for two whole weeks as a result of the mismanaged administration of her medication and a shortage of mobility assessment appointments with the community physiotherapist.

• I have been astonished to discover my Incapacity Benefit assessment is subject to an appointment system which not only allows operators to cancel my designated time slot after I have already left home but then puts my benefit in jeopardy if I am unable to attend on a computer generated date which is allocated without consultation.                                                                    

And once again facing homelessness as a result of an unreasonable and violent landlord,

• I have been astonished to discover our neighbours not only own an additional house in which my family and I can be accommodated but, having had five years to observe us care for our current home, would (as of 1 December) like us to become their tenants in a very attractive property in a neighboring village.

However, despite feeling exceptionally relieved to find I no longer face the prospect of  being without a roof over our heads for Christmas, I remain astonished to find ,

• Eleven months have passed since I initiated my second attempt at lodging a complaint against HBOS with the Financial Ombudsman Service,

• Nine months have passed since I originally requested all records held by HBOS pertaining to my mortgage be sent to me via my Data Subject Access Request

• Fourteen weeks have passed since my FOS adjudicator declined to answer my emails for a period of almost three months,

• One month has passed since I reported said adjudicator to his line manager and

• Two weeks have passed since I placed an official complaint with the ICO as the result of HBOS’ non compliance in respect of my Data Subject Access Request.

I am further astonished and nothing short of astounded to learn that, without warning and ahead of the timescales previously agreed by the FOS themselves (and in the absence of the further evidence I have been waiting for the above mentioned nine long months for HBOS to produce) the FOS have now reviewed my mortgage miss selling case and, in the interests of "being fair" to HBOS, have ruled there is insufficient evidence to support my claim that HBOS have been guilty of miss selling my mortgage! 

Famed for his ridicule of the most banal of situations for European based Theatre of the Absurd in the late 1950's, contemporary Romanian playwright Eugene Ionesco once said is it "explanation [which] separates us from astonishment". However, still reeling from both shock and astonishment at the way in which I continue to be dealt with by both HBOS and the Financial Ombudsman Service, it is "explanation" which now separates me in unadulterated astonishment from any understanding of a regulatory culture which prefers to permit the infamous HBOS to with hold evidence and use repeated delays to obliterate my case of complaint rather than take the time to investigate!  

Learning Difficulties

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.