Showing posts with label CAB. Show all posts
Showing posts with label CAB. Show all posts

Sunday, 17 February 2013

Unjust Desserts


American clergyman, activist and leader in the African civil Rights movement, Martin Luther King Junior once said, “A small body of determined spirits fired by an unquenchable faith in their mission can alter the course of history.” However, waiting for history to take a favourable course in the wake of the unquenchable avarice of our unprosecuted banksters has frequently proved beyond the capacity of some to face alone. For us, the determined spirit of the Citizen’s Advice Bureau has been invaluable.

First formulated in 1924 as result a of the Betterton Report on Public Assistance and launched fifteen years later on the day after the break out of the Second World War, this government funded service quickly found debt advice was a key issue for those who sought the expertise of its trained volunteers. After seventy successful years offering free consultations to those in need, their initial two hundred offices had expanded to three and a half thousand UK locations and its 21,500 volunteer staff had assisted some of the UK’s most vulnerable negotiate homelessness, asylum, state benefits, employment law, tenancy rights as well as two major recessions and the onset of the banking crisis.

The CAB now prides itself on being able to assist more than 14.2 million individuals a year. They are supported over the phone and the internet as well as provided with face to face advice from the bureau or visits to their homes. In 2003 following a review of its practices by the Office for Public Management, it was concluded, “the CAB service provides excellent value in return for the public funding it receives. It makes a significant contribution to individuals and communities, as well as to the process of policy-making and service delivery. Its holistic approach, national coverage and independence are to be cherished.”

Ten years have passed since this commendable observation was made and the CAB is currently busier than ever assisting those who have fallen foul of an economic crisis caused by criminality within the banking sector. With only the top 10% of wage earners in the UK continuing to prosper, it goes without saying many of the victims of debt and banking fraud would struggle to find refuge from their assailants without the CAB’s help. Yet despite increasing demand, the CAB has recntly been forced to turn hundreds of thousands of people away because their funding has been axed by 45%.  As a result of these governmental and local authority cut backs they have no alternative but to close offices which are still playing a vital role in the community. Sadly the CAB office which rescued my own sanity is to be one of them.

In contrast to the invaluable contribution being made by the CAB, the delusional and unrepentant bankers armed themselves with weapons of financial mass destruction, used the window of opportunity created by financial deregulation to approach their business activities without moral hindrance plundered the reserves of their banks, their customers and the economy.  Furthermore, by obtaining tax payer funded bailouts to preserve their jobs and their “modest” remunerations, they have cunningly redirected funding formerly earmarked for the auspicious community serving CA B and deftly removed the only means by which many of their victims have been able to fight back.

Roman economist, lawyer and politician Marcus Tullius Cicero once said,” There is no sanctuary so holy that money cannot profane it, no fortress so strong that money cannot take it by storm” and recent history clearly illustrates that a small group of inauspicious bankers have used money to both profane and to storm and it is the Citizen's Advice Bureau and it's service users who are now being forced to pay the price. 

Wednesday, 3 August 2011

All I need Is You

It has annoyed me intensely to be repeatedly accused of “using delaying tactics” and “ignoring a problem which is not just going to go away” by HBOS’s henchwoman at Merrils Ede Solicitors.  It is a statement which could not be further from the truth. I have never enjoyed a disposition which allows me “a head in the sand” approach to anything.  Nor do I have the patience for delaying tactics.

Despite my best endeavours over the past three years, my HBOS trouble's have not only remained unresolved but I have been aggressively pursued by their solicitors for a shortfall which arose from their fire sale of my home. Racking my brains for a solution which would allow me to move on with my life while despondently sifting through the numerous letters both written and received from HBOS, I have concluded it is probably time to write one more, This is because, in my heart of hearts, I know full well the toothless Financial Ombudsman Service will do one of three things, 
  • Sidestep the issues I have outlined in my complaint, 
  • With-hold their opinion a on a technicality or
  • Wriggle out of making any meaningful judgeme 
However strong my argument against HBOS is, I can not see the Financial Ombudsman’s Service setting a precedent which would open another set of misselling flood gates hot on the tail of the recent PPI ruling and, without a face that fits or a high profile case currently in litigation (and supported by a lengthy list of fellow victims) I still believe I am extremely unlikely to be heard. It is for this reason I have decided to give writing to Antonio Horta Osorio chief executive of Lloyds Banking Group another shot. I am, after all, one of “his dead” and I have been waiting without patience to be brought out “from under the drain cover” for a very, very long time.

I strongly suspect Mr Horta Osorio, if made fully aware of my case might well agree that spending more taxpayer and investor money chasing people like myself (who have been left penniless as a result of the banking crisis) for mortgage shortfalls which have already been proven to be unrecoverable, is not good business practice. My problem is not what to write but how to get my message in front of him. 

My previous attempts have repeatedly failed.

However, in the unlikely event that Mr Horta-Osorio's inner circle might finally allow my message to reach him, this is what I would say,

Dear Mr Horta-Osorio,
In October 2008, having previously been kept completely in the dark by my husband and having had no contact with HBOS until this time, I was informed by Dryden’s (HBOS' solicitors) of their plan to repossess my home.  I immediately contacted HBOS to discuss my options and informed them I had secured a tenant who was willing to sign an assured shorthold lease and pay £2,200 a month to rent our property for a three year period. By the time the HBOS' possession order was due to take effect, this sum not only covered the mortgage but would have provided a substantial contribution towards paying off the arrears.  However, HBOS flatly refused to accept this solution when we found ourselves without an income (as a consequence of the banking crisis and our Icelandic business banks collapse) insisting my proposal was made too late for them to consider. 

In November 2008 HBOS to us to court, secured an order for possession which came into effect in January 2009 and completed a forced sale on my home in April 2009.
They were aware from outset neither my husband or I had the means with which to pay any shortfall arising from the discounted sale yet we are now being pursued aggressively for a shortfall which was not only of HBOS' making but for funds they know full well we do not possess.

Furthermore, HBOS’s actions escalated an arrears problem of £27,000 (which I could have been resolved by my proposal) into an unrecoverable mortgage shortfall of £217,000. Despite this, I am now being hounded for this shortfall by HBOS' appointed debt collection solicitors Merrils Ede.  Both HBOS and Merrils Ede have repeatedly been told by both myself and the Citizens Advice Bureau that my husband’s income of £15,000 plus assorted state benefits is simply insufficient to service any of the £1,000,000 unsecured debt we were left with when our property development business failed in 2008.

Following the receipt of our financial evidence from the CAB, the Bank of Scotland has already very kindly offered to write off my husband’s Bank of Scotland credit card (amounting to £15,000) on compassionate grounds, but your  mortgage collections department say that a shortfall of £217,000 can never be written off  whatever our circumstances.  I cannot understanding the thinking behind this let alone work out a solution for demands which are simply beyond our means.

Over the last two and a half years I have been persistently harassed by Merrils Ede Solicitors on HBOS’s instruction. I can only assume our file has proved a means of milking the HBOS cash cow because Merrells Ede, like HBOS, know full well there is no financial resolution I can offer them. Merrils Ede have repeatedly advised me of your plans to issue legal proceedings towards bankruptcy “without further notice” which I can only see as another illustration of how happy they are to recommend the unnecessary spending of HBOS money when both I and the CAB have made it crystal clear we have no capital wealth to offer and no income with which to make a payment arrangement.

On previous occasions I have,

·   Written to your predecessors to explain our circumstances asking for a compassionate write-off in the light of our financial demise.  It has been repeatedly denied.

·   Asked why HBOS did not contact me about our arrears, nor sought to offer me any debt counselling advice or even include me in any conversations at either the inception of our mortgage or later when arrears became a problem. I was told that people in debt rarely want to talk to their creditors and because I am a married woman, they assumed my husband dealt with our finances.

·   And, I have repeatedly asked myself why I was not allowed to save my home and our financial future by renting out our property but I struggle to understand the logic behind an HBOS decision that turned £27,000 of arrears into a shortfall of £217,000.

When you took up the helm at Lloyds banking group this year you famously commissioned your executives to “bring out your dead” asking them to leave no stone unturned.  A “sense of humour failure” was promised if, in twelve months time, more skeletons were found in the Lloyds and HBOS closets. However, I and my family remain one of your concealed dead, festering on an HBOS desk where I lie in a purgatory which has not only put my life on hold but consists of repeated and relentless financial persecution for money I simply do not have.  I have remained in this position for nearly three excruciating years while those at the Lloyds Banking Group move on with their lives. I desperately need the luck of the Irish buy to let borrowers or perhaps the vision of HBOS funded businessman David Murray in order to secure a mortgage shortfall write off and free my family from the continued bullying of HBOS debt collection agents.
On the other hand, if this letter does ever reach you, all I may need is you.

Yours sincerely

Life after Debt

Monday, 13 June 2011

God's banker

Finding myself in need of some respite from my role as Battler of the Banks, I embarked on some recreational research. In doing so I discovered Ian Fraser’s article of March 2009 about God’s Banker. Without reading any further I knew immediately this piece was about Stephen Green, Chief Executive of HSBC.

Having asked the Citizen’s Advice Bureau in January 2009 to help me deal with our creditors I was still sinking under the weight of the abusive correspondence from HSBC. Despite a full CAB explanation of our circumstances, the correspondence from the debt collection agency appointed by HSBC was becoming increasingly threatening in its nature. In desperation I went into the local HSBC branch in June 2009 to explain our position only to be met with the staff’s expressions of hopelessness along with apathetic comments which got me nowhere. I arrived at my friend Chris's house in tears believing there was to be no end to HSBC’s demands and my plight was indeed as hopeless as intimated by the branch employees.

After issuing a few comforting words, my trusty friend and comrade at arms fired up her computer with the statement, “I think it’s time to write to the Chief Executive.” Moments later we were reading that HSBC’s man at the top was an ordained Anglican Priest who had spent a year working at a hostel for alcoholics and I allowed myself a flicker of hope. Believing I might be approaching a man of integrity, I wrote to Stephen Green asking for his compassion in the light of our irreversibly dire financial circumstances and asked if he could arrange for my husband’s debts with HSBC to be written off rather than relentlessly and heartlessly pursued. Mr Green did not disappoint.

In reply to my letter, the Head of HSBC Customer Relations advised me they would not only be writing off the £45,000 my husband owed them directly but they were also able to write off a further £15,000 of credit card debt which was under their management. They concluded with the words they “hoped their decision would bring me comfort and it would go some way towards allowing you and your family to make a fresh start without the worries of the past.” This time I was crying with relief.

Ian Fraser says, “At last an honest banker,” and quotes Stephen Green as saying,
“It is as if, too often, people had given up asking whether something was the right thing to do, and focused only on whether it was legal and complied with the rules. The industry needs to recover a sense of what is right and suitable as the key impulse for doing business” and while Ian founds his remarks “hugely refreshing” I found his actions hugely humane.

However, I find it hugely inhumane HBOS and Lloyds Banking Group still chose to operate in heartless contrast to the kind and logical words, and actions, of God's banker while two years on from the release of my husband’s obligations to HSBC I am still struggling to make any kind of “fresh start” because of their persecution of us.

Wednesday, 27 April 2011

Simple Truths

It appears, in my case, the Financial Ombudsman is not a man but instead a woman. I know this because she has written to me today advising me unless I have a strong argument to the contrary, she will not be able to investigate my complaint against the Bank of Scotland. Apparently, this is not because I have no case, but merely because it is more than the six months since I have, so say, received the Bank of Scotland's letter of final response.

Thankfully, my knowledgeable friend Chris has a different take on this and has spent a whole afternoon with me writinge a reply which hopefully illustrates I am entitled to be heard. After all, the Bank of Scotland's agents Merrils Ede have been in correspondence with me on the Bank of Scotland’s behalf, both via the CAB as well as directly with me, as recently as January 2011. I can only hope this argument of mine (and Chris's) carries weight so I able to make use of the Ombudsman's service to get to the bottom of the three questions I have been asking the Bank of Scotland since October 2008.

1. Why did the Bank of Scotland proceed with forcing the sale of our home?

  • in spite of new government guide lines discouraging this heavy handed approach,
  • in spite of their actions escalating £27,000 of arrears into £217,000 of shortfall
  • in spite of knowing we had a long term tenant willing to pay rent which covered the interest payments.

2. Why has the Bank of Scotland persisted in repeatedly seeking a payment arrangement to recover the shortfall?

  • in spite of knowing full well we have no means with which to do so
  • in spite of knowing the FSA guidelines specifically recommend lenders should not pursue people who have no money
  • in spite of having already written off our credit card on compassionate grounds because of my husband’s breakdown

3. Why has the Bank of Scotland repeatedly ignored letters from me asking for information to support my case against them?

  • in spite of being requested to do so three times in the last six weeks
  • in spite of being repeatedly sent reminders
  • in spite of being told, at their suggestion, I am taking the case to the Ombudsman

I can only hope my Ombudsman has teeth because the truth of the matter is I cannot afford the alternative. I am told it will cost £40,000 to take the Bank of Scotland to court and although I have it on good authority I do have a case against them, sadly, it does not qualify for "no win no fee" status. If this is the norm there is little wonder the Bank of Scotlands of this world have grown accustomed to riding roughshod over us mere mortals, safe in the knowledge we have no means which which to fight back. It suspect it may well be the subject of much amusement for them knowing people in my position have no real chance of being heard. 

There is, however, one aspect the Bank of Scotland has felt perfectly able to write to me about and while one might think it is some form of debt counselling or perhaps even legal or bankruptcy advice, the truth of the matter is the Bank of Scotland is extremely comfortable writing to confirm they have, at last, noted my new address. They have done this no fewer than eight times. According to the American author Henry Thoreau, it takes two to speak the truth, one to speak and one to hear. With this in mind, maybe I should stop lamenting that which the Bank of Scotland seem unable to hear and I should, instead, be taking solace in the simple truth I have, nearly two years down the line, succeeded in getting the Bank of Scotland to realise because they forced the sale of my home two years previously, I now have a new address.

Tuesday, 12 April 2011

Jeremy, Me and Lloyds TSB

"Banks are a danger to any economy"  a guest on Newsnight recently declared. This statement followed news the government funded Independent Commission for Banking will be announcing regulatory proposals aimed to avoid a repeat of the September 2008 banking crisis. Unsurprised to hear Jeremy Paxman could not persuade any bankers, including 43% taxpayer own Lloyds TSB Banking Group, to debate proposed banking guidelines, I am nothing short of amazed, if my case is anything to go by, if he ever manages to extract any form of meaningful communication from them at all. 

The lack of response to Jeremy Paxman's requests has only strengthened my belief there is little hope I will ever achieve any kind of dialogue with anyone within the Lloyds banking Group however hard I try. To date they have ignored all mine and the CAB's efforts to inform them of our unfortunate position and even my doctor's letter referring to my husband suicidal thoughts has secured no respite from their daily threats. I can only assume the LLoyds TSB's executives to whom I repeatedly write asking for respite from this bombardment have elected to willfully disconnect from the everyday world. It seems clear the financial distress of the individual has no interest to those enjoying comfortably appointed Ivory Towers from which to focus on next year's bonuses

Having never been "won't pays" but now, to our great shame, "can't pays" I find it incomprehensible a bank, who has itself been rescued from the brink of financial ruin, is now so unprepared to offer us a lifeline of any sort. While the government, via the tax payer, has seen fit to cover the debts of HBOS to aid economic recovery, for the individual with his back against the wall, banking giants Lloyds TSB and HBOS are compassionless. Thankfully for us they are the exception  rather than the rule. All other creditors have now written off our debts and wished us well in our endeavours for the future. In contrast both Lloyds TSB and HBOS have picked up the very pistol which was once pointing at them, given the order to take aim at my husband and I, and for the past two and a half years, left us on death row, waiting for their final order to fire. 

I can't help wondering if Jeremy Paxman is unable to encourage them to communicate, then how the devil can I?