The Whole Truth and Nothing but the Truth

John F Kennedy once said, “The enemy of the truth is very often not the lie, deliberate, contrived and dishonest but the myth, persistent, persuasive and unrealistic” and, after five ineffectual years of mythical post crisis reform and regulation of the UK’s banking sector, the truth has not only failed to set me free but it has also failed to spark the Financial Ombudsman Service’s interest or ruffled a single untouchable HBOS  or Lloyds Banking Group feather.

In a last ditch attempt to persuade the dismissive and the disinterested of my sincerity, I have, over the past two weeks, implemented the following;

• Prepared, sworn under oath and sent a statutory declaration to the FOS reiterating my claim that the mortgage application my broker submitted on line in 2006 contained false information which I did not supply.
• Sent HBOS’ customer services department my eight page letter of complaint because, contrary to my expectations, the FOS declined to ask HBOS to comment on its contents as part of the complaints process
• Simultaneously written to Lloyds Banking Group customer services, Lloyds Group Chief Executive Officer Antonia Horta Osario and Lloyds Group Chief Risk Officer Executive Juan Colombas, stating,

“Following the final decision from the FOS on 10 February 2014 it is now my opinion that the contract entered into in 2006 with the Bank of Scotland by myself and my husband is null and void. This is because it did not conform to due process and it was granted on false information which was supplied fraudulently by [a broker] and then negligently verified by HBOS’s underwriters M**** ******, S** ****** and J** ******.

As a result of the Ombudsman’s findings, together with information gleaned from a Data Subject Access Request, I am now of the opinion that I need to make a new complaint.

Yours faithfully”

Life After Debt

And,

• In an effort to understand the consequences a regulated  lender might suffer if they were found not to have complied with FCA rules, spoken at length with the FCA consumer helpline about my case.

As a result of my endeavours I have been advised;

• The FOS have received my “letter” and attached it to my file. There is no mention of them changing their plans to publish the ombudsman’s ruling on my case on their website
• HBOS’ Customer Services are unprepared to discuss my case any further and can only refer me back to the FOS’s recent ruling
• HBOS’ Executive team are in receipt of my letter of complaint, it is very important to them and they will be responding to it shortly 

And the Financial Conduct Authority informs me;

• The FOS are not empowered to rule or comment on cases of fraud
• HBOS are duty bound by FCA rules to prove beyond reasonable doubt they took adequate measures during the underwriting of my mortgage to verify the information contained in my application was true
• FCA rules run parallel to the law but, as guidelines, are not legally binding. Lenders are not required to keep compliance documentation for more than a year and the FCA, having asked for full details of the alleged perpetrators, strongly recommend I report my findings to Action Fraud or the police.

Thankfully, the tireless support, diligence and expertise of my FB friends has now put the latter very much in hand. 

Nineteenth century German born philosopher and author Arthur Schopenhauer believed, “All truth passes through three stages. First, it is ridiculed, second, it is violently opposed and third, it is accepted as being self-evident”. All I can now hope for is that, after six excruciating years of ridicule and violent opposition, the truth may finally become self evident in the hands of the Serious Fraud Office.

After all, in the words of Mahatma Gandhi;

 “Even if you are a minority of one, the truth is the truth.” 

Malice, Manipulation and Aforethought

American business magnet, investor and philanthropist Warren Buffet once said, “Economic medicine that was previously meted out by the cupful has recently been dispensed by the barrel. These once unthinkable dosages will almost certainly bring on unwelcome after-effects” and, as is the case with so many victims of the current global economic crisis, it seems unwelcome after-effects are precisely what those of us who have suffered at the hands of fraudulent banksters are expected to endure.

It is now fast approaching three weeks that I have been waiting for a response to my letter accusing the Financial Ombudsman Service of favoring Halifax Bank of Scotland in their investigative practices. It seems I am, along with numerous other victims of banking malfeasance, not only expected to swallow said "economic medicine" by the barrel but feel heartily reassured in the knowledge that the very same people who stripped us of our livelihoods and our homes have now, under the watchful eye of our regulators, kicked their culture of greed into touch and will henceforth be operating with our well being at the very core of their corporations.  Now pious and reformed after inadvertently relieving their customers and the global economy of trillions we, the voiceless general public, are urged to believe the following.

     ·        Rewriting the banking codes of conduct will protect us

     ·        Prosecuting banking fraud is neither desirable, practical or good for the economy

 and,

·        New legislation along with revised incentive packages will thwart any bankster’s fraudulent inclinations in the future.

However, if my personal experience of battling with the banks for the past four years is anything to go by, nothing could be further from the truth. In the real world customer well-being is definitely not paramount and irresponsible banking is unlikely to be a thing of the past when I am regularly told by financial regulators,

    ·        Flaunting banking codes of conduct are perfectly permissible as adherence to      them is optional

    ·        Prosecuting a bank is nigh on impossible because it is too difficult to prove intent

    ·        Duty of customer care is not a requirement in law

In the real world, a far off place banksters and their puppet regulators rarely visit,

·        Anglo Irish Bank’s “insane recklessness” not only contaminated the underwriting policy of fellow lenders but was pivotal to a property crash which lost millions of people their homes, their livelihoods, their pensions and in some cases their lives. Needless to say not one iota of reform or regulation has provided restitution for those who paid the price of a calculated manipulation of the property market for elitist personal gain.

In the real world,

·        Loyal Royal Bank of Scotland's commercial borrowers continue to fall victim of “knavish manoeuvres” expressly designed to hijack their assets. By shifting billions in commercial debt and concealing losses via balance sheet manipulation, RBS's bad loans and liabilities have been miraculously transformed into the assets CEO Stephen Hester so desperately needs to successfully implement his recovery programme.

In the real world,

Libor manipulation is not just inappropriate conduct which the banking industry and their regulators have been fully aware of from as early as 1990's , but a manipulative rouse to steal people's hard earned cash and escape unpunished to bask in the profits.

·   And, in the real world,   

·        HBOS are perfectly at liberty to willfully neglect their duty of care, over-sell a discounted, interest only mortgage secured against a family home they vastly overvalued, exclude me from all discussions from the outset, start repossession proceedings without making me aware the loan was in distress, ignore my offer of rental income to service the interest, force a sale which created a £217,000 shortfall and hound me for the re-imbursement of a deficit which came about as a direct result of their highly dubious business ethics and wanton recklessness.

Nineteenth century Civil war veteran and American political leader Robert Green Ingersol once said, “Happiness is not a reward-it is a consequence and suffering is not a punishment but a result” however, if those whose greed resulted in our suffering remains unpunished and regulators are increasingly happy to repackage captured reforms as a solution to an economic crisis which has left millions in financial purgatory, I suspect suffering is destined to be both the consequence and the result for a great many victims of banking criminality for the foreseeable future.

I sincerely hope I am wrong.

Guilty Secrets

One hundred years ago Theodore Roosevelt said, “Behind the ostensible government sits enthroned an invisible government owing no allegiance and acknowledging no responsibility to the people” and as I catch up on my reading with the blogs of journalist Ian Fraser and Stop HBOS campaigner Nicolette Turner, I am provided with yet more evidence to support Roosevelt’s statement.

It appears that Thames Valley Police’s plan to limit their enquiries into the HBOS Reading scandal means they will not be investigating any high level corporate involvement of former HBOS executives despite ongoing allegations of in house fraud at board level. While victims of the HBOS Reading scandal are naturally up in arms about this decision, ex- HBOS risk management executive and whistle-blower Paul Moore has expressed additional concerns at the way LLoyds Bank is responding to this investigation.

Moore said,” I have even been told by very reliable sources that Lloyds Banking Group is not voluntarily offering to help the police with their enquiries. If this is so, it is scandalous. This alleged fraud is a matter of extreme public importance and interest and it is vital that parliament keeps very close eye on how the police and the FSA are doing their jobs and working together with what is going on, through the Treasury Select Committee and the Justice Committee.”

As ever, when it comes to power and money, smoke and mirrors seem to be the first line of defense.  Learning that at least fifty five people have lost their livelihoods along with their companies, as a result of the dishonesty within HBOS, I can’t help wondering how I am ever going to harvest any success in my battle with Lloyds and HBOS myself.  Nicolette Turner and her fellow victims of the HBOS Reading fraud have fought for years with very little success in spite of police involvement and repeatedly lobbying both past and present governments for help.

Today I took two of my children for an eye test and when my ten year old son, always ready with an impromptu question, asked the optician,” What is the most disgusting thing you have ever seen?”  I found myself searching for a subject that would sit at the top of my own “most disgusting” leader board.  I concluded the following,

·        Self-indulgence to the detriment of others

·        Absence of integrity

·        Not taking responsibility for ones actions

In the words of Theodore Roosevelt’s niece Eleanor, “In the long run we shape our lives and we shape ourselves. The process never ends and the choices we make are ultimately our own responsibility.” As the wife of an individual whose business failed due to the economic climate and the simultaneous demise of both Heritable Bank and the property development market I am, according to HBOS, supposed to accept that I am jointly and severely liable for the choices my husband made even though HBOS aided my husband’s decision to keep me financially in the dark.

However, when it comes to Lloyds and HBOS executives, it is evident that they are totally unprepared to embrace their responsibilities with integrity and are pleading that they shouldn’t be held responsible because, allegedly, they were, like me, kept in the dark and unaware of what was going on within their bank. Even though this outrageous double standard is both elitist and downright unfair, there appears to be no governing body prepared to make these "untouchables" accountable. Because of this, social justice is unlikely ever to be attained and the greater good is destined to remain second place to the indulgences of the high ranking corporate individual.

      This I find truly disgusting.

How much is enough?

Recently Ian Fraser, reporter and BBC journalist introduced me to William Hopper’s financial observation “The credit crunch is like an atomic bomb”.  My attention was immediately captured by his succinct explanation of how a shift in attitude over a four hundred year period has produced the unstable economy we have today.  In his article Hopper praises the legacy of the migrating East Anglian Puritans who, in the 1630s, moved to the USA with their “gift” of good management. This gift was an ethos grounded in the belief pursuit of an ideal society with a focus on the common good is paramount.

Hopper goes on to lament our current global trend which rewards hot-housed qualifications in favour of the hardworking endeavours of our economically sound ancestors.  In contrast to today’s executive, these fore bearers were prepared to work hard to make their way up the ladder of expertise to gain valuable shop floor experience before taking their place in the board room.

It appears the most significant shift in attitude came about in the 60s and 70s when managers became hired hands who no longer came up through the ranks but instead arrived with MBA’s from business schools who taught them to focus on deals and numbers. This new age administrative managerial authority entered the market place believing short term shareholder value was the executive’s number one goal and these values bred a culture which, at best, condoned individual self interest and in the case of the banks, whole heartedly embraced it. The move away from what was perceived as old fashioned Puritan ideologies led to “incompetence on an unprecedented scale that has extended over much of society” and is particularly rife in the banking industry today.

The worship of self interest was further fuelled by the expanding of a credit funded economy where ethical considerations within the banking fraternity were waived in favour of a promise of wealth creation for the masses. In reality this bubble of self-deception produced nothing of the sort and only widened the gap between rich and poor leaving the poor even poorer and high ranking banking executives with a taste for unprecidented riches. William Hopper says, “Banks that are seen as too big to fail are too big to regulate and therefore too big to live. I would add Lloyds and HBOS are also too big to know when they are flogging a dead horse or much less care about the impact their "double standard" acts of cruelty are having on my family.

No doubt it is also the reason HBOS were also too big to consider it worth their while to intervene and prevent the destruction of twenty two families lives when they learned, from the victims, long before the police made their arrests, of a long standing fraud which is now referred to as the HBOS Reading Scandal. I was once asked by a financially independent workaholic, “How much is enough?”It appears, for the powers that be within HBOS, the obscene multi million pound bonuses paid out year on year are still not enough to secure ethical policies, compassionate solutions and the forward thinking integrity of our Puritan forefathers. I can only wonder with trepidation, what it will actually take to affect the necessary shift in attitude when a credit crunch, which has been compared to an Atomic Bomb, has had little impact on how HBOS thinks and behaves.

It was Albert Einstein who once said "relativity applies to physics not ethics" and sadly  I can see this is precisely the case when it comes to the attitude of our casino  banksters who have without apology, brought this economy and my family to its knees.