Lest We Forget

Canadian born writer and theologian William Paul Young once said, “Forgiving is not about forgetting but it is about letting go of another persons’ throat” and having spent the past five years within the strangle hold of our creditors, I am thankful the vast majority of them have chosen to forgive.  However, I have returned home from a very welcome break with my family to be greeted by some correspondence which clearly  illustrates letting go of our throats is the last thing the Halifax Bank of Scotland and Lloyds Banking Group have in mind.

It has been six months since the Financial Ombudsman Service both ruled in my favour and awarded compensation for the distress and inconvenience that Lloyds Banking Group’s miss-handling of my husband’s credit card debt caused. Since then Lloyds have not only sold the debt twice but ignored both the income and expenditure form I completed as well the offer of settlement I made.  I am now faced with compiling yet another Financial Ombudsman Service Complaint at further cost to both myself and the tax payer.

I had hoped, as a result of my four letters to the HBOS Data Subject Access team, I would be returning to the missing documents pertaining to my miss sold mortgage.  Instead, I have received a letter which the reveals  the following:

       HBOS’s internal credit check document does not list the extent of the borrowing which was outstanding at the time of my mortgage application

       HBOS do not hold any accountants evidence to support my mortgage application

       HBOS do not hold a financial fact find of our circumstances in support our mortgage application

       HBOS continue to be unsuccessful in their endeavours to obtain information from their in house solicitor or surveyor

       HBOS are unprepared to disclose the reasons why my broker was removed from their panel during the underwriting of my mortgage

       HBOS are unprepared to send me their compliance check list on grounds it is not my personal information

This was my response;

Dear HBOS Data Subject Access Team,

Ref: *******

Thank for your letter dated 23 July 2013 and the further copies of information I requested along with your comments.

However, I have some further requests.

1.     Please may I ask you to confirm the credit reference summary is an external credit check document carried out to establish the level of financial commitment a customer already has at the time of application and not just an in house list of HBOS borrowings based on internal information and details supplied by the broker. If it is not, please supply me with copies of the external credit check carried out at the time of underwriting my mortgage.

2.     Please may I ask you to supply me with copies of the letters the DSAR team have sent to both Colleys Surveyors and Pathway Residential Lawyers requesting complete copies of my files.

3.     I would like to draw your attention to the Liberty Guide to the Human Rights Act 1998 in which it states, ““if information about you is held by your doctor, by your bank, by a credit reference agency, by your employer or by the tax-man, the likelihood is that it will be [available to you under the rules of a Data Subject Access Request because it is deemed to be] your personal data”. [This extends to] “personal data where it is processed to learn or record something about that individual or where the processing of that information has impact on that individual”. In the light that removing my broker from your panel may have had an adverse effect on the underwriting of my mortgage and your internal compliance checklist may well prove inadequate checks at the underwriting stage of my mortgage application have impacted on me personally, I would like to, once again, request that you supply me with the following;

•        Documentation which explains to the reasons my broker was removed from your panel.
•        The name of the department or the person responsible for overseeing my mortgage in the light that my broker was no longer at liberty to oversee it.
•       The internal regulatory checklist which complies with the FSA rules for the responsible underwriting of residential re-mortgages.

I look forward to hearing from you,

Yours sincerely

LAD

Soon after I sent this letter I was asked the following two questions by an Associated Press journalist. In the light of my ongoing battle and my recently received communications from both the Lloyds Banking Group and Halifax Bank of Scotland, I stand by the following answers.

Q. Do I feel the banks can now be trusted?

A. I have never enjoyed blind faith in the banking industry but, coming from a financial services background myself, I expected the banking fraternity to abide by the law, operate within regulatory guidelines and, as professionals, exercise a duty of care towards their clients in all their transaction. I believed they would follow a strict regime of client fact finding to establish which loans, investments and life policies were appropriate for their customers and I assumed them would pursue a responsible and ethical approach to the underwriting of anything they sold. I now know, as a result of my own experience, this has been far from the case and because of this I no longer trust them in any shape of form. Neither do I believe they possess the integrity or the incentives to address the cultural issues which have supported their long standing penchant for profiting from their customers by miss selling and manipulation. Despite the economic crisis and widespread hardship their actions have caused, they have suffered little consequence for their fraudulent behavior. No heads have rolled (other than those of their victims) and fines which bare little relation to the amount they have successfully procured and kept by way of ill gotten gains, only pay lip service to their empty promises of change. 

 Q.Would I consider taking out a mortgage or investing with them again?

 Because of a banking system which continues to reward dishonesty and avarice, I and my family lost our home, our livelihood and our financial future so there is little chance I will ever secure another mortgage and I no longer enjoy a level of remuneration which allows me to save. However, should I, by some wild stretch of the imagination one day be eligible for a mortgage, I would never agree to using a lenders in-house solicitor to convey my mortgage nor would I allow their in- house surveyors to value my property. I shall never ever again permit a mortgage broker to submit an online mortgage application in my name. Furthermore, I would not take out a joint and severally liable mortgage without written agreement from the lender confirming they would contact me separately from my co borrower (even if he is my husband) about every aspect of my mortgage application, its underwriting and its administration throughout its term. In the unlikely event I might one day have money to invest, I would not touch the banks with a barge pole.

William Paul Young also said, “Forgiveness does not create a relationship. Unless people speak the truth about what they have done and change their mind and behavior, a relationship of trust is not possible” and although I hope one day I might be able to forgive those bankers who have chosen to keep their hands firmly around my throat for the past five long years, I most definitely will not be forgetting their names.

Discovery of Truth

Nineteenth century philosopher and critical thinker Arthur Schopenhauer once said, “The discovery of truth is prevented more effectively, not by the false appearance of things present which then mislead into error, nor by weakness of the reasoning powers, but instead by preconceived opinion, by prejudice” and there is little doubt in my mind that preconceived opinion played a major role in keeping the extent of banking criminality and its capture of our government from the wider audience for many a year.

Even now, after countless government inquiries, regulatory investigations and whistle blower revelations the “company line”  along with that of outgoing governor of the Bank of England, Mervyn King, is to refer to banking crimes as system errors or mistakes and in so doing allow the culprits to remain at liberty while a molecular level of banking criminality continues to contaminate far and wide. Common sense and history tell us rewarding illegal behavior only encourages more of it yet in the absence of any deterrent or moral restraint, banksters have been permitted to wreak economic carnage while their regulators have refused to use the law to affect redress.

Invisible to the naked eye of regulatory enforcement and further aided by the preconception derived from a misplaced belief that banking integrity must still be inherent in the City, the light touch of deregulation has served only to pave the way for tantalizingly lucrative but nonetheless entirely illegal pastimes for those with sufficient power with which to implement them.

In the last decade alone banks have;

•  Laundered money for drug cartels
•  Laundered money for terrorists
•  Sold toxic mortgage products
•  Miss sold insurance products
•  Misrepresented the nature of their loan books
•  Disguised volatile investment products as low risk to off load their exposure
•  Misrepresented their exposure to risk.
•  Engaged in insider trading
•  Manipulated markets, LIBOR and anything else they could lay their hands on.
• Participated in various Ponzi schemes and,
• Cooked their books to mislead the government, their regulators, their investors, their shareholders and the general public alike.

As a direct result of these crimes many people have lost their homes, their livelihoods and their financial futures. Prejudged by the banks and their henchmen to be scoundrels and wasters who are not prepared to face up to their responsibilities (rather than being acknowledged as victims of banking criminality) we have been left with only two options.

• To accept ruin at the hands of these scurrilous banksters and withdraw, with our families, to wait for the relentless persecution of their henchman.

•  Fight for our futures with the assistance of the Financial Ombudsman Service.

Having chosen the latter I have, over the past five years, become well versed in each and every guideline set down for the behavior of creditors during the complaints process. However, being privy to this information has made it no less distressing to discover the Halifax Bank of Scotland have chosen to instruct their debt collectors to initiate recovery proceedings for my disputed mortgage shortfall during the complaints process. Deeply troubled by actions which blatantly flaunt both regulatory and mortgage code guidelines, I have been nothing short of astounded to receive the Financial Ombudsman Service’s response to my request that they ask  HBOS to suspend recovery action until my case has secured a Financial Ombudsman Service ruling.

This was their reply,

Dear [Life after Debt]...

“I have spoken with Bank of Scotland regarding the letters you provided and your statement that you are finding them distressing [however,] I must manage your expectations at this time ...  to ensure you are fully aware of what we at this service can ask a business to do.

We are able to ask a business to suspend any litigation activity that it has started or intends to start while we investigate a complaint. However while we can ask the business to do this, there is no obligation for it to agree.

Yours sincerely,”

Financial Ombudsman Service Adjudicator

The executives of big banks invariably pretend wrong doing is only ever committed by one or two low level employees while both their personal and corporate objective is always to comply with financial regulators, financial guidelines and the law. However, when the truth reveals a bureaucracy such as the Financial Ombudsman Service has insufficient power to insist a lender comply with their own code of conduct and guidelines, I can only conclude there is little chance they will defy longstanding prejudice and preconception to flex their  feeble musculature in support my over valuation and mortgage miss selling case. 

Tennessee born Republican politician Ric Keller once said, "You can lead a bureaucrat to water but you can't make him think" and, if my own predicamnet is anything to go by, I can only assume this is precisely what our untouchable banksters have been counting on.

Ridiculous Enemies

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 while bonus pots continue to unashamedly reward the untouchables for their ever increasing list of banking failures, it is no surprise to find the words of this ancient Roman theorist still ring uncomfortably true.

Reputedly focused only on electoral gain, Cameron and Osborne do nothing to bring our elitist banking fraudsters to account while regulatory figure heads Turner and Wheatley prefer to promote the fallacy that the dirty deeds of banking avarice are but a distasteful memory of the unregulated past. In preference to making use of the laws of incorporation  to the secure the prosecution of those who chose to serve themselves at the expense of the majority, banking losses remain socialized while those who condoned them keep the wealth their dishonesty has afforded them.

In contrast, the  opportunities to seek recompense for those who fell foul of this culture of miss selling and manipulation are limited by way of cut backs to legal aid and the withdrawal of funding to charitable organisations such as the CAB. Yet, driven by the terror of an alternative which could herald the breakdown of the current financial system (not to mention the loss of influential friends and their much valued votes) our two faced politicians have left the victims of this criminal banking culture abandoned and defenseless in the jaws of their oppressors. As one would expect the ongoing governmental trend to pretend and placate the voters rather than address the root cause of the banking crisis, has done nothing to deter the same self serving and morally bereft people who now insist that lessons have been learned.

In the real world it is business as usual for the bankers and despite much talk about plans to serve both the economy and the customer, the long suffering individual is still being persecuted and bullied into untenable submission. The cases below represent the tip of a huge iceberg which is unlikely to feature on any politician or regulator's radar because, unlike powerful corporations with budgets for legal and financial advice, the individuals concerned have once again been hung out to dry having been left with no alternative but to succumb to the whims of the all powerful banks demands and then crawl away to seek some quiet solitude in order to lick their wounds. This is because many have neither the stomach , the knowledge or the means by which to stand up to the wanton disregard of the banking fraternity they are forced to deal with.

Over the past few months I have discovered;

HSBC, who laundered 600 million in drugs money and paid only the equivalent to a few weeks profit in fines as a consequence, are unprepared to renegotiate the terms of a 15% LTV mortgage of an employed professional woman, and a mother of three, who cannot make ends meet now her husband has been sectioned under the Mental Health Act. She has never missed a payment and had originally planned to repay her loan in five years time. She has been told by HSBC she has no alternative but to sell her beloved family home of twenty years as quickly as possible.

HFC, a key offender in the miss sold PPI scandal, have repeatedly told a chronically ill widow that her 30% LTV mortgage must be repaid in full. She has been advised her mortgage cannot be rescheduled  (her husband died without sufficient  life assurance to repay the loan) despite having made every payment in full every month for twenty years and a guarantee from her pension provider confirming she can afford to continue to pay. She is faced with the unpalatable prospect of selling her lovingly restored home as quickly as possible.

Barclays, who made a healthy profit from the manipulation of LIBOR rates, repeatedly told an 85 year old woman who believed she had purchased a lifetime mortgage  at 20% LTV that she would have to repay the outstanding balance on her mortgage with immediate effect or face the ordeal of the bank applying to the courts to take possession of her home. On attempting to initiate a formal complaint she was told it was unlikely to be dealt with until after her house had been forcibly sold.

And,

HBOS, who have earned themselves the reputation of being the worst bank in the world , unnecessarily forced the sale on my home rather than allow me to rent it to cover my mortgage payments, spent the past four and half years telling me a woman has no right to be informed separately from her husband about mortgage arrears if her husband is already in discussion with them and, having made use of a fictitious purchase price and purchase date in order to over value my home and sell me a mortgage in the first place, now tell me the discovery of these falsified facts has nothing to do with them. Furthermore, in true HBOS bully boy fashion, I have received two demands from their debt collections agency despite HBOS’s own acknowledgement that they understand my case is currently under investigation by the Financial Ombudsman Service.

French enlightenment writer, historian, philosopher and master of wit, Voltaire, once said, “I have only made but one prayer to God, a very short one: O Lord make my enemies ridiculous, and God granted it” and if recent events are anything to go by, ridiculous enemies appear not to be the exclusive domain of Voltaire!

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.

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. 

No Change of Circumstance

US president, Ronald Reagan once said, “Governments view of the economy could be summed up in a few short phrases: If it moves tax it. If it keeps moving regulate it. And if it stops moving subsidise it” however if this is indeed the economic philosophy of the UK government too there is clearly a great deal of latitude in its interpretation as, to date, “if it keeps moving regulate it” has yet to register on the banking reform To Do list while “if it stops moving subsidise it” has only been applicable if it further strengthens the position (and the power) of the banksters.

For the vast majority of us, economic crisis has meant a 3% decline in wages (in real terms) but, despite being the villains in the mix, the banking elite have enjoyed a very different outcome. Instead of wage cuts and austerity measures they have enjoyed both tax breaks and subsidies along with a very respectable 37% increase in their remuneration packages while “ New Few”  have basked in an even more astounding 49% increase on 2010 earnings amounting to more than 900 times that of an average wage packet. 

David Cameron may wish us to believe we are all “in this together” but good sense dictates we are most definitely not and where Obama’s “settlement” to rescue homeowners with underwater mortgages has admittedly fallen foul of state governors discretionary powers to use these funds to prop up their deficits, our UK government has paid lip service to justice for the victims of banking fraud and instead sold on shortfall debt arising from RBS repossessions to replenish the coffers depleted by bank bailouts while repeatedly turning a blind eye to the crimes of the banking elite.

As the gap widens between the rich and the poor and irresponsible banking continues to go both unpunished and unregulated, it is only the Icelandic government who appear to have addressed the distress of the individual.  Debt forgiveness of residential mortgages over 110% of their 2008 valuations has not only played a huge part in rescuing their economy but it has saved a large proportion of their householders too. However, in the UK oligarchs continue to rule our politicians, reports of banking fraud continue to fall on deaf ears and as a result those of us with Bank of Scotland created mortgage shortfalls can only look forward to endless years of persecution born out of widespread regulatory lethargy and banking avarice.

British writer, novelist, columnist, Conservative Party politician and 3rd Baronet, Sir William Robert Ferdinand Mount says, “Britain will begin to heal its divisions only when oligarchs and their opposite, the poor, are reconnected to the rest of the society, so that the first are no longer seen as uncontrollable and the second as irredeemable”. Unfortunately, for the less than affluent individual this is unlikely to become a government directive because, if my own HBOS experience is anything to go by, the government along with our errant bankers have one fundamental viewpoint in common.

They believe, because they are all in it together, the individuals who makes up the 99% simply do not count.

Debt Sentences

If Albert Einstein once thought our technology exceeded our humanity, I can only imagine what he would say of our banking culture today.  This week alone I have read an open letter of resignation from a Goldman Sachs executive director speaking of toxic investment practises along with an ex banker's declaration stating his “mildly revolting” earnings pale into insignificance when compared with the current “completely obscene” remunerations of his untalented former colleagues.  In these circumstancest is not difficult to conclude a bland, mediocre man at the helm of the FSA has been essential to ensure this unregulated reign of economic terror has continued for as long as it has.

On hearing these revelations from within the financial sector it has been no surprise to also hear the FSA’s lengthy and expensive investigation into the Bank of Scotland has finally confirmed precisely what so many of us already knew via a government commissioned report which exposes gross misconduct on the part of the Bank of Scotland’s board of directors. At long last the way has been paved for a much overdue wave of criminal prosecutions against the too big to fail perpitraitors of these economic crimes.

Yet, despite evidence of banking fraud finally reaching the public domain, I am still facing a fight to obtain a full Financial Ombudsman’s investigation in to my own case because this very same infamous banking giant has chosen to make use of an FSA jurisdiction clause to thwart further assessment of my complaint. This clause dictates an individual has only a six months to bring a case to the Financial Ombudsman’s Service while, in contrast, the Bank of Scotland have jurisdiction for twelve years to pursue me for a debt they have both created and, despite their denials, continued to correspond with me about for three years.

It has also come to light that if I sign to accept their jurasdiction arguement and agree to their “goodwill” offer to remove Merrels Ede solicitors from my case giving me eighteen months respite from their pursuit, I could well be acting to my detriment in more ways than one. Tempting though it is to obtain this guarantee from the Bank of Scotland, it is my belief signing an agreement of this nature will in itself be an admission of my responsibility for a debt I have always believed the Bank of Scotland created and not me. Furthermore, not only will my signature amount to an admission of this liability but it will also re-calibrate the twelve year clock from the day I put my mark on the Bank of Scotland's document and  in so doing extend their jurisdication for my pursuit by another three years. At present I stand three years into this debt sentence.

Equally infuriating is the fact that the Bank of Scotland are to not to receive so much as a slap on the wrist from the FOS for setting their brutish debt collectors  on me, because, in spite of being in receipt of more than twenty letters from myself and the CAB explaining, in detail, my reduced financial circumstances, the FOS are happy to believe the Bank of Scotland were not fully aware of my position. It is said banks who have been the subject of bailouts are continuing to prove the economic theory of moral hazard true in that those who go unpunished because of  government rescue packages continue to make the same mistakes. If my case is anything to go by, the Bank of Scotland are no exception to this rule and are now, more than ever, keen to lay the blame firmly at the door of the individual while using every rouse they can to wriggle out of their moral obligations to the victims of their greedy, self actuating behaviour.

So, as the school holidays approach and my case remains unresolved, I am forced once again, to negotiate with a very disgruntled Financial Ombudsman’s adjudicator who never fails to go to great lengths to be more than fair to my gigantic adversary. Explaining my desperate need for unencumbered child free time to give my case the attention it deserves, I have (thankfully) secured her reluctant consent for an extension to her deadline. This will give me a much needed opportunity to take advice and pursue some FSA technicalities of my own. However, I am told the price I have paid for this opportunity is I will never secure this kind of consideration from her again.

George Bernard Shaw once said, “The reasonable man adapts himself to the world: the unreasonable one persists in trying to adapt the world to himself. Therefore all progress depends on the unreasonable man” and despite recommendations from many who know me, along with a fair few from those who don’t, it seems acting beyond the reason of others is the only way left for me to secure progress towards a debt free life for my family.

But,

Thanks to my FOS extension, I now have four debt fighting free weeks to spend with my children and in the words of the reggae band playing outside the Radio Four Workshop for script writers I went to this weekend, I say to all those who have expressed concern for me this week,

“Don’t worry, be happy, every little thing is going to be alright!”

...and I’m keeping my fingers crossed that Bob Marley is right.