Shocks and Horrors

Founder of the Johnson Publishing Company, grandson of slaves and the first African American to appear on the Forbes 400 list, John Harold Johnson, once said, “Dream small dreams. If you make them too big, you get overwhelmed and you don’t do anything. If you make small goals and accomplish them, it gives you the confidence to go on to higher goals” and, as a victim of the banking crisis, I have been left with no alternative but to face our family’s problems in much the same way.

Still reeling from the loss of my home, my livelihood and my financial future, I have spent the past five years piecing together a life which was shattered as a consequence of the fraudulent behaviour of the banks. Initially my goals were as small as I could make them but at times it was impossible not to be daunted by objectives I was regularly told were insurmountable because of our circumstances.

•      Unable to stay in our home, I left no stone unturned in my search for a house.
•     Unable to produce a satisfactory credit reference I located landlords who were prepared to accept character references
•     Unable to cover the heating costs of the only house available to me I obtained permission to take lodgers
•     Unable to fund my children’s school fees I swallowed my pride and went cap in hand to ask for bursaries

 And,

•          Unable to arrest HBOS’s relentless pursuit of my massive £217,000 mortgage shortfall, I approached the Financial Ombudsman Service to make a complaint.

As a result of my efforts,

•     My husband, my children and I have had five uninterrupted years in a vast, crumbling, family friendly farmhouse.
•     My landlord has, for the first time ever, enjoyed five years of uninterrupted rental income safe in the knowledge we would care for and make minor repairs to his crumbling pile.
•     My lodgers have enjoyed the comforts of living in a family home at a price they could afford.
•      My children have benefited from an independent education at a school which was struggling to maintain its numbers

And,

•      The Financial Ombudsman Service agreed, on two separate occasion, to adjudicate my case against HBOS

However, after five years of painstakingly working to rebuild our life, I have watched in horror as much of what I initially achieved has unravelled over the past six months;

•     A hand delivered Section 13 notice from our landlord’s solicitor dictates a 50%  increase in rent will be effective from 5 Dec and as a result of our inability to pay my family and I are facing homelessness again.
•     Finding any property via letting agents has proved hopeless as, five years on, they remain unable to put us forward without a satisfactory credit check
•     Full bursary funded independent education for my dyslexic son’s secondary education is unlikely to be forthcoming as it is improbable he will achieve the required 55% grade in his common entrance exam.

And,

•     After ten months of rebuilding my second HBOS case of complaint when the Financial Ombudsman Service mishandled my first submission, my adjudicator has finally replied. I have had to waited twelve whole weeks to hear;

“I would like to apologise for not responding to the previous emails you sent across or keeping you updated on your complaint...[but HBOS] has confirmed that it is unable to get hold of [their in house conveyance solicitors] Pathway Residential Property Lawyers. It has confirmed it has called the contact numbers it holds which have a recorded message stating the service is no longer in use. It has also been unable to find a direct website in relation to the business. It has written to them but it would appear that it is unlikely a response will be received. As such I am unconvinced that any further information will be able to be obtained to add as evidence to your complaint...[therefore] I feel it would be right for me to start my consideration of your complaint as it would appear that there is little further information that can be obtained” .

As a result of this experience I can only conclude exoneration for HBOS is the normal result of toothless regulatory apathy while negligent record keeping along with obstructive behaviour appear to be banking business practices intentionally designed to impair complaint. If this is indeed the case, it is little wonder Lloyds Bank and HBOS’ CEO Antonio Horta Osorio, against a back drop of wide spread public hardship, is happy to publicly proclaim they are “back to being a normal company” safe in the knowledge that those of us who are still suffering from the shocks and horrors of  the fallout from their actions continue to be overwhelmed however much we manage our expectations and tailor our goals.

Many of us are still;

•     Unable to stay in our homes.
•     Unable to produce satisfactory financial credit references
•     Unable to find adequately paid employment
•     Unable to cover our heating costs

    And,

•     Unable to arrest the relentless pursuit of fraudulent creditors by making a complaint to the Financial Ombudsman Service.

     American writer, associate editor of Fortune magazine and futurist Alvin Toffler once said, “Man 

     has a  limited biological capacity for change. When this capacity is over whelmed, the capacity for the 

     future is shock” and having ridden and survived a five year holocaust of  brutal and unsolicited change            only to find myself no further forward, leaves me shocked, overwhelmed and a seemingly

     insurmountable distance from Antonio Horta Osorio’s “back to being normal”.

     This is too is simply unjust.

Duty of Care

US business school graduate, National Security Agency potential recruit, governmental consultant and author of The Economic Hitman, John Perkins, once said, “This Empire, unlike any other in the history of the world, has been built primarily through economic manipulation, through cheating, though fraud...” and although he was speaking of the way in which the US miss sold debt to under developed countries to acquire political leverage and economic gain, endless investigations into the banking crisis would suggest the US  was not the only Empire to profit from economic manipulation, cheating and fraud.

However, despite revelations that widespread manipulation, cheating and fraud has been at home within the UK’s banking culture for many a year, not one high ranking executive or board member has faced criminal charges. Like the Economic Hit Men in Perkins book, highly-paid professionals have cheated the nation out of trillions while the Parliamentary Banking Commission’s outrage has endorsed the public face of our government. However, behind closed doors, evidence suggests the leverage of the all powerful banskters has neutralized political and regulatory muscle and in so doing created an untouchable elite who still enjoy the benefits of the obscene and exceptionally lucrative carrot without fear for the consequence of the stick.

 As a result of this unspoken rule of thumb it is clear a miss selling complaint such as mine represents little more than a minor irritant to the minions of the corporate con-men who remain practiced in the art of denial.

It has been,

• Five years since I first learned my mortgage was in arrears,
• Five months since I received HBOS' response to my claim that our mortgage was miss sold,
• Five weeks since I first asked for, and listed in detail, the information I require from HBOS to progress my complaint and
• Five days since I received what they tell me is their best attempt at providing me with all I have asked for.

After hours of wading through reams of screen prints and under writing notes, I have now learned (according to HBOS),

• My husband is a professional sportsman
• We are owner/occupiers of a large house without a mortgage

And,

• Neither HBOS or their surveyors owe a Duty of Care to customers with remortgages.

Knowing full well my husband has never been a sportsman (professional or otherwise) and the place I call home has not only been owned by our landlords family for decades but been rented to us for the past four and a half years, I was suspicious HBOS’s claims regarding their obligations to provide Duty of Care might prove equally fictitious.

Further investigations have revealed,

• My conveyance was carried out by HBOS’ in house solicitor as was my survey and this situtaion may well constitute a conflict of interest in both cases
•  A surveyor cannot produce a valuation inspection report without liability, as their code of conduct indemnity insurance does not permit an opinion to be given without responsibility.

And

• A fee free remortgage submitted by a broker does not permit a lender to abdicate from their responsibilities to provide a Duty of Care.

In 2011 Lloyds Banking Group “set out a new vision and strategy to be the best bank for customers...[and promised to be] a more transparent organisation that delivers”. However, if my own case is anything to go by, HBOS, who now reside under the umbrella of Lloyds, have demonstated no plans to deliver anything but hogwash to me and the only strategy they seem to have embraced has been to send me a constant stream of inaccuracies and denials for the past five years.

In the words of American foundling father, principal author of the Declaration of Independence and third President of the United States, Thomas Jefferson, “The eyes of our citizens are not sufficiently open to the true cause of our distress. They ascribe them to everything but their true cause, the banking system” and while this may well have been true of my perceptions before our financial demise, this particular citizen has certainly had her eyes opened to the unscrupulous and negligent business practices of HBOS now.

Here's hoping documenting my battle with HBOS and posting it via my blog on the internet helps open the eyes of a fair few more!

International Happiness Day

Self improvement guru, lecturer, and author of How to Win Friends and Influence People Dale Brekenridge Carnegi once said, “It isn’t what you have or who you are or where you are or what you are doing that makes you happy or unhappy. It is what you think about it” and today, on International Happiness Day, I could not agree more.

Once devastated to the point of ill health I am relieved to say I am no longer the woman who could once be found underweight, completely bald from stress and cowering in her soon to be repossessed home. Police officers from the Armed Response Unit do not now frequent my drive to discourage angry tradesmen from laying siege and the threat of a claw hammer to my husband’s head is not what I think of when I hear a knock at my door. No more do I endure the involuntary stomach flips which used to go hand in hand with a glimpse of the postman approaching my house and neither do I answer each and every phone call with the trepidation of a woman braced for the onslaught of hard line debt collectors and their verbal abuse.

It has taken almost five years, upwards of three hundred and fifty letters, forty or more debt counselling consultations, three full blown Financial Ombudsman Service investigations, one hundred and fifty five blog posts, twenty thousand two hundred and ninety four page views,  one thousand nine hundred and ninety six tweets,  an inordinate amount of political and economic reading,  numerous phone calls, countless comments on facebook together with thousands and thousands of man hours to discover that although happiness is not dependent on what I have, where I am or what I am doing, happiness is definitely about having something to hope for.

American author and essayist Elizabeth Gilbert once said, “Happiness is the consequence of personal effort. You fight for it, strive for it, insist upon it, and sometimes even travel around the world looking for it. You have to participate relentlessly in the manifestations of your own blessings. And once you have achieved a state of happiness, you must never become lax about maintaining it. You must make a mighty effort to keep swimming upward into that happiness forever, to stay afloat on top of it” and although financially our circumstances have remained unchanged, I am very pleased to report that by fighting, striving and insisting I have not only discovered that I have been a victim of mortgage fraud but I have also found someone who investigates financial fraud on behalf of clients trapped by the wrongdoing of lenders and their associates who is prepared to take my case.

Because of this I now most definitely have hope and it is for this reason, today on International Happiness Day, I feel truly happy!

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!

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. 

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.

All Sants' Day

Son in law of Islamic prophet Mohammed and first male convert to Islam, Ali ibn Abi Talib once said, “One who acquires power cannot avoid favouritism” and in spite of four years of public outrage over the impotence of the UK’s regulators and a tumultuous term at the helm of the Financial Services Authority, for former banker and recently retired chief executive of the FSA (2007-2012), these ancient words have proved wholly true.

Infamously accused by MP’s of being asleep at the wheel at the height of the UK’s bank bailouts, for Hector Sants 2012 has been a remarkably good year. With an annual pay package rumoured to be worth a comfortable three million pounds for a regulatory position at Barclays and a knighthood coming his way in the New Year it is extremely hard to marry his current good fortune with a track record which found him napping while the UK’s banksters reaped havoc with the lives of everyone but their own. As a direct result of the FSA’s negligence, countless people have lost their homes, their livelihoods and their financial futures and aside from those who have been tricked by the banks into purchasing PPI, the majority have received no restitution for losses which occurred because the FSA, under the guidance of Hector Sant, chose not to,

• Regulate responsibly
• Prosecute banking criminality
• Protect the banks customers

The banks Hector Sants regulated,

• Fraudulently sold unsuitable products to their customer to increase their profits
• Manipulated Libor rates to serve their own interests and camouflage their exposure to risk
• Disguised their flawed loan books and sold them as blue chip low risk investments to negate their losses
• Insured themselves against a property crash they knowingly created

Hector Sant did little to stop them. 

I can only concluded that the favours of the powerful heading Hector Sants' way over the coming months can only be for Hector Sants' services to banksters and not banking. Speaking as a victim of the notorious Halifax Bank of Scotland who has unsuccessfully fought for the last four years to secure the assistance of both the FSA and the FOS in my mortgage mis-selling case, the decision to honour individuals whose actions were pivotal to onset of the banking crisis only serves to illustrate how these failure continue to be rewarded leaving the rest of us to pay the price of the financial sector’s avarice.

Ali ibn Abu Talib also said,“As long as fortune is favouring you, your defects will remain covered” and if the New Years honours list is an accurate measure of policy, it seems papering over the the cracks remains very much the order of the day. 

Little wonder the banksters believe they are above the law.

Whitewash and Christmas

Former United States Presidential Candidate, three times governor of Colorado and lawyer, Richard Lamm, once said, “Christmas is a time when kids tell adults what they want and adults pay for it. Deficits are when adults tell the government what they want and their kids pay for it” yet despite four long years in the grips of a global financial crisis it remains an unwelcome fact that both adults and kids are still paying the price of a banking crisis deficit which lined our banksters pockets with millions while their regulators condoned and excuse them.

During the past year we have been encouraged to believe 2012 was to be the year in which regulation and banking reform would finally make a difference.

•    Martin Wheatley, managing director of the FSA said,

“CEO’s are ultimately accountable for the way their staff are incentivised, so we expect them to take a real interest in fixing this [and] we have made sure the firms where we found failings are fixing their incentive schemes, improving governance and controls and, in the worst cases, checking past sales to identify if mis-selling has occurred.”

•     Andy Haldane, executive director of financial stability at the Bank of England said,

“The occupy movement has been successful in its efforts to popularise the problems of the global financial system for one simple reason : they are right” and “policy makers like me will need [their] support in delivering radical change” while this “quiet but unmistakable leaf is being turned” by our bankers.

•     Danny Alexander, UK Treasury chief secretary said,   

     What I want to see is [banking reform] recommendations made quickly so that we can get on and implement them, which is, I think what the people of this country want to see".

    

    However, despite encouraging words, the talk of 2012  proved cheap and instead of our banking fraternity calculating the prospects of repaying their ill gotten gains, it is only EU threats to cap their remunerations to a modest couple of million which have captured their undivided attention while, in complete contrast to the lifestyle afforded the favored few who waged economic war on the masses, the victims of their banking crimes continue to endure,

• Widespread and economically damaging unemployment  
• Austerity measures which have cost the average family more than twenty pounds a week
• Possession order applications against UK homes filed, on average, every two and half minutes

Insisting “we are all in this together” Prime Minister David Cameron said, 

“ It takes time to recover and we've got to do more. We’re going to do more. We’re going to roll up our sleeves and do everything possible to get business going in Britain, to get housing going, to get jobs going.”

However, if Andrew Bailey, chief executive designate of the Prudential Regulatory Authority’s words are to be believed, nothing could be further from the truth. Without a shadow of a doubt it appears,

•    Some banks are just too big to fail
•    Some banks are just too big to jail

And unlike the rest of society,

•    Some bankers enjoy carte blanche to operate outside the law 

Benjamin Franklin once said, “A good conscience is a continual Christmas” and while I cannot pretend my four years of fighting and two years of complaining to the FOS about HBOS  is in any way reminiscent of an eternal Christmas, I cannot help but wonder how those responsible for the avarice and arrogance which brought about levels of widespread hardship likened only to that of a world war have, despite all corporate, governmental and regulatory attempts to whitewash their crimes, enjoyed the festive traditions of proffering goodwill to all men or the peace of a good conscience during the fourth Christmas of this ongoing economic crisis.

Fat, Cats and the Cream

Albert Einstein once said, “Wire telegraph is like a very, very long cat, you pull its tail in New York and his head is meowing in Los Angeles. Radio operates in exactly the same way: you send signals here they receive them there. The only difference is that there is no cat” yet, despite almost one hundred years of technological advancement and much virtual cat tail pulling on my part I have, until this week, remained both impatient and noticeably void of any communication on the subject of my Halifax Bank of Scotland mortgage miss-selling case or my complaint sighting unfair practices within the Financial Ombudsman Service.

Regularly experiencing,firsthand, the lack of regulatory impetus which continues to halt the complaints progress for the individual, it has been no surprise to hear that not only are global financial reforms falling behind schedule but the larger banks have been given yet more time (some as late as 2019) to comply with new risk management regulation. In a climate where the UK's Treasury Select Committee are fearful that without their oversight the long awaited Financial Services Authority report into the collapse of HBOS may not otherwise be “fair and balanced” it is not difficult to imagine the individual will never be heard with the odds so grossly and unequally stacked against them.

Reports stating the UK’s corporate and banking elite are not only having a profitable and prosecution free recession but will also enjoy an average of 27% in pay increases this year only add to an over all sense of futility felt by those suffering the job losses and home repossessions as a direct result of widespread banking criminality and unlawful market manipulation. Far from reconciling the vast and ever increasing divide between those of us who have been forced to shoulder the consequences of economic terrorism and those who continue to turn it to their advantage, it is nigh on impossible to believe anyone but the cream of the FTSE elite can expect anything even close to economic justice or a comforting pre-Christmas windfall.

Further more, with the knowledge that some victims of PPI miss-selling waited almost two decades to secure redress for this multi billion pound act of corporately endorsed banking fraud while four long years having passed since Tony Boorman, the principal Financial Ombudsman in 2008, first told Channel Four several banks were under investigation for mortgage miss-selling, it has been nothing short of fanciful to hold hopes that endless hours of carefully researched communication will result in one individual’s anguish being either acknowledged or heard by anyone other than a few loyal FB friends and a modest number of Life after Debt Blog and Twitter followers.

However, this week nothing could be further from the truth. I am delighted to report, after years of fighting and writing, I have received,

• Two hundred and forty five page views, twenty four comments, seventeen additional followers along with fifteen retweets all as a result of my Platitudes and Placations post

•   A formal acknowledgement from the Financial Ombudsman Service stating that, after almost a whole year of waiting, my overvaluation complaint is finally being investigated by HBOS

And

• A lengthy letter from the FOS team manager which fully investigates their dealings with me, “sincerely apologizes” (twice) for their “failings” in the handling of my case and ask me to accept £500 by way of compensation for the “distress and inconvenience” I have suffered.

Albert Einstein also said, “Reality is a mere illusion” and despite the impression that countless hours dedicated to stating my case had seemingly fallen on deaf ears, in reality, my very, very, long communication cat has been howling its head off. I only wish those who caused the "distress and inconvenience" could be made to pick up the bill instead of the long suffering taxpayer.

Platitudes and Placation

Financial Times Chief Economics Commentator, Martin Wolf once said, “The conclusion to be drawn from [the Bank of England’s executive director for Financial Stability Andy] Haldane's work is that an out-of-control financial sector is eating out the modern market economy from inside, just as the larva of the spider wasp eats out the host in which it has been laid” and with mounting evidence to support claims that the FSA have neither the stomach nor the inclination to prosecute banking criminality, the best that victims of the UK’s banking crisis can expect from reform is a ring side seat for an endless round of regulatory wrist slapping.

Placated with promises of integrity and more customer focused business models, the FSA have allowed the individuals within the banking fraternity (whose greed cost hundreds of thousands of UK residents their livelihoods along with their homes) to escape the consequences of their actions with little more than,

·        a smidgen of public humiliation,

·        a fraction of a single year’s bonus in fines 

·       and a marginally demeaning ban from working in the city

While retaining,

      ·        several very desirable residences,
      ·        a substantial asset based net worth
      ·        and very sizeable pensions

Despite amassing a great deal of this wealth by indulging in all sorts of elaborate chicanery-including the widespread abuse of structured investment vehicles, conduits, derivatives, securitizations and collateralized debt obligations, boost leverage, gaming the regulatory system and avoiding tax, the Peter Cummings(HBOS) and the Fred Goodwins (RBS) of this world are left to lick their meaningless wounds aggrieved at being singled out for FSA tokenism. In contrast, the victims of this banking plague of financial spider wasps are expected to suffer the blanket approach to asset stripping which followed the near collapse of our financial system and plunged the UK into four long years of economic crisis.

During this time,

       ·        UK home repossessions have averaged nearly 3000 a month

       ·        UK unemployment has risen to 2.53 million

       ·        And austerity led government cut backs in both the NHS and Benefits department continue to be hugely detrimental to the nations most vulnerable.

Yet with UK regulatory eyes seemingly fixed firmly on how best to help those who perpetrated a global financial crisis retain both their wealth, and in some cases their power without either party losing face, I fear there is little hope for those of us seeking sanctuary from the relentless pursuit of lenders who are intent on socializing their losses from the property crash they created.  It is, nevertheless, mildly encouraging to find limply legislated lip service has not been the only method by which some of the fraudulence of global banksters have been addressed.

In this month alone,

        ·        Former Anglo Irish Bank chairman and two of his senior executives are to be tried in a criminal court over banking irregularities which have cost the State 29 billion
.       ·        The United States Government has filed a fraud lawsuit against Bank of America Corporation alleging the bank cost taxpayers more than one billion in losses when they sold defective home loans to government backed mortgage companies Fannie Mae and Freddie Mac.
        ·        US home owners launched a class action against banks who repossessed their homes following the calculated use of Libor manipulation to inflate mortgage repayments and affect default.

Scottish astronomer, academic and computer scientist William Samson once said, “A writer lives in a state of astonishment. Beneath any feeling he has of the good or evil of the world lies a deeper one of wonder at it all. To transmit that feeling, he writes” and while I do not deny I am regularly in a state of astonishment over the behavior of the UK's financial regulators, I cannot help but wonder how, despite widespread evidence of banking fraud and continued public outrage, banksters are slipping affluently off the hook into retirement, with the vast majority of their spoils in tact, to enjoy a life of elitist comfort completely Scot-free.

It is certainly not a future their victims can anticipate and this is reason, I write.

Guilt and Weakness

German born theoretical physicist, Albert Einstein, once said, “Any intelligent fool can make things bigger, more complex and more violent. It takes a touch of genius, and a lot more courage, to move in the opposite direction” however when it comes to regulating our errant bankers or taking them to task for their crimes, it appears genius and courage are not to be called on. I am certain it is because of this that my dealings with the Financial Ombudsman Service continue to make little progress.

Following a full review of my file, a process which took a further three weeks, I am now told,

·        The FOS do not accept they are guilty of giving an unresponsive HBOS countless opportunities to discard my case on jurisdiction grounds whilst simultaneously hounding me for instant replies in order to be “fair to the business”.

·        The FOS do not accept they are guilty of unnecessarily asking me to collate my case in detail, despite declining it on grounds of jurisdiction after weeks of preparatory work, nineteen months later

·        The FOS do not accept they are guilty of favouring HBOS despite a period of nine months with no progress from the time I lodged my over-valuation complaint

However, in complete contrast to the tone of the majority of their letter I am also told,

·        The FOS sincerely apologise for their lack of diligence with regard to securing an HBOS response to my over valuation complaint. 

Mildly encouraged by this minor step forward yet resigned to the inevitability of endless waiting, I can only conclude the FOS's lack of impetus in this instance is not merely oversight due to unprecedented levels of complaints but is instead an endemic reluctance to tackle the UK's bankers and an clear indication of their discomfort at the prospect of unearthing another bankster miss-selling (or rather sub-prime overselling) scandal.  For this reason it is no surprise to hear,

•        Royal Bank of Scotland feel justified in their lobbying for legislative changes to enable them to repossess properties with distressed mortgages more quickly
•        The FSA are happy to risk more subrime selling by formally relaxing capital and liquidity rules for UK banks
•         While Martin Wheatley believes widespread miss-selling is a far cry from theft

With mounting evidence to suggest economic reform, financial regulation and banking prosecutions will amount to nothing more substantial than an after dinner speech, it seems the new chairman of the British Bankers Association, Sir Nigel Wicks, is correct in saying “we must all take personal responsibility for the restoration of trust in banking”. His words could not ring truer now that it is abundantly clear the restoration of trust in our bankers is to have nothing to do with the genius of our regulators and has even less to do with the courage of our Financial Ombudsman Service.

Albert Einstein also said, “Weakness of attitude becomes weakness of character” and I suspect this is precisely what errant bankers are counting on to escape prosecution for their crimes. I hasten to add weakness of attitude and weakness of character is not what the Halifax Bank of Scotland or the Financial Ombudsman Service can expect to encounter in their dealings with me.