Shams and Shambles

American inventor and businessman, Thomas A. Edison, once said, “Being busy does not always mean real work. The object of all work is production or accomplishment and to either of these ends there must be forethought, system, planning, intelligence and honest purpose as well as perspiration” and throughout the difficulties of keeping my family afloat while dealing with the aftermath of our financial demise I have, not unlike Edison, remained convinced that a satisfactory resolution to my Halifax Bank of Scotland complaint will only be forthcoming if I remain sufficiently focused on all that is necessary to accomplish the task at hand.

Committed to the pursuit of an intelligent solution to our predicament following the collapse of our property business (2008) and the forced sale of our home (2009) I have diligently, trawled for news of government rescue packages together with banking reforms and financial regulation which might aid my endeavours. With each and every letter I have written, I have increased my understanding of the ways in which huge organisations like the FSA, the FOS and HBOS are expected to operate and familiarised myself with the guidelines by which they are supposed to abide. The by product of this has been a much broader knowledge and a substantial helping of increased confidence.

Entering the beginning of my fifth year of battle, I remain hopeful that media interest, public outrage and my own refusal to be fobbed off by bully boy banksters and their regulators will eventually combine to affect a change which alters the way in which banks have so far been permitted to treat their victims. However, despite my best efforts and the pre Christmas promises of both HBOS and the FOS with regard to my over valuation complaint, I have to concede to date I have accomplished very little and even the past few weeks spent in hot pursuit of a hearing for my HBOS complaint have done nothing to change this.

Tempered in expectation as a result of HBOS’s past performance but, nonetheless, hopeful my long overdue request of almost year might have come to fruition by 2 January 2013 (as per the deadline HBOS set for themselves) I still remain with without word or any sign of progress. Resigned to chalking up this absence of outcome to an all too predictable lack of HBOS inertia in the face of any investigation, I am doubly disappointed to find the FOS, after admitting they miss handled and delayed the investigation into my HBOS compliant early last year, have once again reneged on their assurances to affect investigative compliance from this too big to fail 41% taxpayer owned bank by not insisting they respond to my accusations within the time frame specified.  It is my belief this lack of momentum only goes to prove, despite what the government, the bankers and their regulators would have us believe;

• Rescue packages were designed to rescue the bankers and not those who are having their homes repossessed or their investments devalued
• Fines and settlements have allowed the bankers to move on but not their victims
• Banking fraud has proved a lucrative and prosecutionless pass time which has shown no moral regard for the (estimated) hundred million people it has driven into destitution and suicide
• FSA remuneration codes and EU directives do nothing to encourage banker’s to cap their earnings or persuade them to behave responsibly in the future.

And, when it comes to providing a fair and efficient method by which the individual can seek restitution in the light of these findings,

• The UK’s Financial Ombudsman Service is at best a shambles and at worst a complete sham.

Thomas Edison also said, “I have not failed, I have just found 10,000 ways which do not work” and despite a seemingly unproductive year which includes 44 blog post, 1538 tweets, 16,000 page views together with a fair amount of fruitless endeavours in the hands of the FOS, I remain hopeful I will not discover 10,000 ways which do not work for me before I finally achieve a much needed and long awaited way forward with HBOS.

Literature, Legacies and Legislation

American industrialist and pioneer of the assembly line process Henry Ford once said, “Speculation is only a word covering the manipulation of prices instead of the supply of goods and services” and with an ever lengthening list of criminal practices assembling on the global doorsteps of our errant bankers, it is easy to believe dubious business initiatives embracing a sales rather than service culture have been the modus operandi by which the banking elite have manipulated their way into a life of excess and affluence.

Yet, after decades of the exploitation of financial deregulation to secure profits at any price, CBI chief John Crickland is keen to point out now is not the time to seek payback for all those who have fallen foul of this relentless reign of economic plundering.  Instead he believes we should focus on how best to prevent this legacy of banking fraudulence from coming home to roost. Not only is he calling for legislation to place time limits on claimants who have been miss sold PPI but he also believes people who have suffered Libor related losses should be legislatively discouraged from bringing cases against the culprits for fear the costs of compensation will be impossible to deliver.

However, seemingly unperturbed by either lobbyists worries or recent reports that sixty six billion pounds of bank bailout debt is unlikely ever to be repaid, some of the very same individuals who condoned both Libor manipulation and the miss selling of ever increasing numbers of financial products are still, with the endorsement of their regulators and the law, misrepresenting their forty billion pound toxic loan books to disguise their losses while enjoying sizable rewards for failure. Furthermore, despite austerity led postponement of UK retirement dates along with reduced pension incomes (current and future) for the majority, these morally challenged individuals are also to have a comfortable share of a combined pension fund amounting to in excess of one hundred and four million pounds. Fortunately for them a sum of this magnitude will provide individual annuities of several hundred thousand pounds of indexed retirement income per year.

In contrast, all I can show for the past four years of endless communication with a bank which has already been fined 3.5 million pounds for the miss handling of 45% of its complaints, is £500 in compensation from the Financial Ombudsman for their own miss handling of my case and a half page letter from HBOS advising me they are finally about to investigate my miss sold mortgage.

However, if regulators remain adamant it is both difficult and inappropriate to prosecute banksters for their crimes and legislation continues to find ways to favor them above me, in the absence of resorting to getting those responsible round the throat and attempting to throttle the life out of them, I suspect it is will prove increasingly necessary for me to tweak my game.

To this end I plan to,

• Contact Hilary Messer of RPW solicitors to explore the benefits of a mortgage miss selling class action
• Speak to a mortgage miss selling claims firm to discuss both my eligibility and how best to quantify loss

And

• Compile a list of "fictional" characters from the banking world on which to base my book.

Foundling father and third President of the United States Thomas Jefferson once said, “The glow of one warm thought is to me worth more than money” and despite enduring overwhelming frustration and a great deal of heartache at the hands of both the Halifax Bank of Scotland and the Financial Ombudsman Service, I must admit this last thought has left me feeling I know exactly what President Jefferson means.

Here's hoping some of my readers may be prepared to help me dish the dirt! 

Capitalism and Punishment

Winston Churchill once said, “The inherent vice of capitalism is the unequal sharing of blessings: the inherent virtue of socialism is the equal sharing of miseries” and, despite more than a fifty year interval, capitalist principals continue to force feed financial misery to the masses while our corporate and banking elite remain free to enjoy, and retain, the blessings of bailouts, rescue packages and sweet heart tax deals designed exclusively for their benefit. 
 
One might have thought embracing capitalism would provide the freedom to fail as well as the freedom to suceed but it appears the favoured few have remained remarkably unhampered by their failures and their bad decisions have instead achieved freedom from consequence via the government supported socialising of their losses.  In contrast I, not unlike the banks, but an individual with an unrecoverable deficit void of asset backing, continue to be on the receiving end of a “holier than thou” attitude towards a hand I have been dealt as a direct result of flawed banking risk management policies which saw many of the world’s largest banks run out of money in 2008.

Since then, with only the aid a few charitable hours of CAB time and the help of my trusty friend Christine, I have endeavoured to explain my impoverished circumstances to all our creditors. I have explained over and over again my husband’s vulnerable state of mind has resulted in a low paid job which leaves us nothing to offer towards the repayment of our million pound deficit and repeatedly described the enormous strain constant requests for money have had on our health, our marriage and our children’s family life. Our creditors should be in no doubt that their balances are unrecoverable, not least, because each and every letter has been supported with both financial and medical evidence.

For the past three and a half years I have borne the anxiety of our ordeals alone. I have done this in the knowledge that suicide was never far from my husband’s mind when the burden was his.  Compelled to do everything within my power to prevent my youngest three children enduring the loss of a father in an identical manner to that which their older sisters suffered more than twenty years ago I have, inch by inch, with the help of family, friends and nothing short of huge personal resolve, pieced together a modest lifestyle and a supportive family environment against all the odds.

Year in and year out I have dutifully and covertly prepared financial statements and medical reports for our creditor’s perusal far from sight of my husband’s glancing eye. With each creditors update I always enclose an appeal for a compassionate write off in the light of our unchanged circumstances. This year, however, there has been one fundamental difference to the content of this message of misery because, to my immense joy, not to mention unbridled relief, our most recent medical report states my husband is no longer contemplating taking his own life.

But,

Despite the obvious benefits of this news to me and my children, the Financial Ombudsman’s Service now tell me it is precisely because of the improvement in my husband’s health that Lloyds TSB are now unwilling to consider debt forgiveness at all. After three long years of living with the fear of an intolerable outcome, I am now told Lloyds TSB are looking for a less uplifting change in my husband’s health to be able to reconsidered my family and I for a share in the blessings that came only their way in recent years and not mine.

Unlike Lloyds TSB’s own chief executive, Antonio Horta Osorio, it appears I am destined to enjoy no respite from debt fighting stress. There will be no government bailouts for me nor will there be time off to catch up on my disturbed and troubled sleep. It appears the only hope of freedom from the misery of capitalism’s failures for me is in the unpalatable event of my husband’s demise.

American philosopher Henry David Thoreau once said, “The price of anything is the amount of life you are prepared to exchange for it”, and I was recently shocked to hear that in China a seventeen year old boy’s kidney was the going rate of exchange for an ipad and an iphone.  I am, however, nothing short of astounded to discover that in the UK, the going rate of exchange for £25,000 of unsecured Lloyds credit card debt is no less than the life of a forty six year old family man. Sadly, I cannot see any amount of tightening of the regulatory screws will ever address this.

A declaration of independence

While sitting in my aga heated kitchen on a dull debt clouded spring day I learned  from a very good friend that posting my thoughts on Blogger might bring me one step closer to writing a book. Armed with her encouraging words and a short lesson in how to publish a post, I now plan to tell my story in the hope it may reach those who wish to listen.

Today is the day on which I declare there is more to me than mere stay at home wife and mother. One day very soon I shall tell my tale and in doing so reveal precisely what has happened.