Differences of Opinion

Graduate of the U.S. naval Academy, motivational speaker and author Denis Waitley once said, “Failure should be our teacher, not our undertaker. Failure is delay, not defeat” and while I cannot dispute my failure to bring anyone to account for falsifying my mortgage application continually provides me with an education, the delays incurred by misinformation, ignorance and regulatory belligerence have repeatedly buried me in despair.

Over the years I have spoken to countless fellow victims, whistleblowers, financial journalists, debt consultants, financial regulators and solicitors as well as a plethora of FB friends and twitter users, all of whom have generously shared their expertise. Each nugget of information they have so generously imparted has been carefully stored in my numerous lever arch files, saved on my computer and crammed into my head. As a result, both my head and my computer are now low on memory and my office cupboards are fit to burst.

Yet still, despite my best efforts, there has been nothing to report which warrants even the loosest interpretation of success.

I have been thwarted at almost every turn by the pomposity and arrogance of those working for the collections and mortgage departments at HBOS. Instead of thoroughly investigating my mortgage mis-selling claim they chose misinformation and an unyielding reluctance to share information (information which they are required by law to provide) to deflect and delay my progress and towards an individual reporting mortgage fraud, the Financial Conduct Authority exhibits disinterest and thinly veiled disdain. The Financial Ombudsman Service was equally ineffectual. Not only did they display repeated instances of bungling incompetence which cost me nigh on two years in delays but they actively condoned HBOS’ obstructive behaviour to withhold information which was pivotal to my success.

Since reporting the fraudulent content of my mortgage application to the police last year, I have been told to seek legal advice and, in an effort to secure this, I have presented my case to six different law firms. While my initial approaches have all generated sufficient interest to prompt a request for further information, to date each firm has come back to me with a variety of inaccurate reasons for not wishing to proceed. Discovering that my unsolicited education in mortgage mis-selling has already furnished me with a level of expertise which now exceeds that of some professionals, has not only leftme despondent but my repeated failures to secure legal representation have cost me even more time in delays.

As a result, I now have only eight short months left to make my case before it is deemed statute barred. 

With no money to fund it and only the Fee Free Advice of my Local CAB to rely upon, I had all but given up hope of finding someone to take my mis-selling case to court. Writing further posts to chart my repeated failures seemed pointless, especially when the sole purpose of starting my Life after Debt blog was to raise awareness of ongoing banking criminality, become better informed and increase fellow banking victim's chances of success. However, after seven long years of in depth investigation (while simultaneously dealing with HBOS’ bullyboys) and writing 184 blog posts about each painful step along the way, it seems my determination might have finally paid off.

Thanks to a fellow victim of HBOS who made contact with me after reading my Soulless and Searching post ,I have today received the Terms of Engagement from a firm of lawyers who not only believe my case has merit but wish to take instruction on a no win no fee basis.  As time is short, they have already sent my documentary evidence to a London barrister who specialises in financial cases and mis-selling and I, along with several other HBOS victims in a similar predicament, await his opinion. 

I am nothing short of delighted.

Denis Waitley also said, “[Failure] is a temporary detour, not a dead end. Failure is something we can avoid only by saying nothing, doing nothing, and being nothing” and those who know me will doubtless agree that saying nothing, doing nothing and being nothing has never been one of my strong points. 

So, on the turn of a sixpence, I find my fingers are firmly crossed once again!

Soulless and Searching

Non-conformist Welsh minister, Presbyterian preacher and prolific seventeenth century religious author Matthew Henry, once said, “There are none so deaf as those who will not hear and none so blind as those who will not see” and for those seeking justice for financial injuries suffered as a consequence of the bankster driven economic crisis,  Henry’s words ring particularly true.

Recent years have not only revealed the numerous ways in which the UK’s banks have been prepared to defraud their shareholders, their customers and the taxpayer but they have also served to demonstrate the extent to which those who govern and regulate their actions have been prepared to turn a blind eye. As a result, very little has changed to the way in which banks do business and even less has changed to the way in which they treat their victims.

These days little mention is made of businesses crippled by miss sold interest rate swaps, pensioners whose incomes halved when “with profit” promises could not be kept or families who have suffered the consequences of miss sold mortgages. Instead, we are encouraged to put the past behind us and embrace the current signs of economic recovery feeling safe in the knowledge that “new” banking regulations are playing an invaluable and pivotal part in the UK’s economic success.

Cameron, Carney and Wheatley would all have us believe,

• The irresponsible avarice driven banking of the crisis has been addressed by a cap on cash bonuses (despite obscene bonuses still being awarded in shares).
• Jailing bankers for market manipulation or clawing back pay and bonuses will serve no useful purpose.  
• Getting under the skin of what was going on in the industry, [has enabled the FCA to carry]...out research to make sure the stark message issued was understood and being acted upon”
• And, accepting hundreds of thousands of pounds in political donations from HSBC does not colour the perspective of government policy

But, for those who have fallen foul of criminal banking, selective awareness is not an option and while predatory bankers and those who benefit from their favours thrive, the victims of banking crime are not only forgotten but left to battle for justice using a system which stacks the odds firmly against them.

• It has taken thirteen years of investigative reporting and a high court ruling to address the widespread mis-selling of PPI
• It took more than a decade and a government bill to secure very limited redress for those who were parted from their pensions by Equitable Life
• It has taken ten years (so far) and a Serious Organised Crime Agency investigation to raise a mere flicker of interest in the plight of the victims of the HBOS Reading scandal

And,

• True to form, it has taken seven years of media coverage and industry whistle-blowing to expose the mechanics of widespread mortgage mis-selling but still no Ombudsman ruling or formal regulatory interest.

Without access to Legal Aid or private funds to initiate a lawsuit and in the absence of a previously established track record of proven mortgage mis-selling cases to run on, my recently appointed DAS Legal representative has fallen by the wayside and, as a result, I now wait braced and unprotected for the next debt collecting onslaught from the Bank of Scotland.  Unlike the banks and the bankers, I have not been allowed to put the past behind me. Nor have I been able to get on with my life. Without legal representation, the best I can hope for is that the unscrupulous Bank of Scotland’s newly appointed debt collecting solicitors Drysdenfairfax might finally, after seven long years of my asking, chose to make use of my full case history to open the eyes and ears of their completely disinterested client to the fact that not only am I absolutely penniless but I, like the Bank of Scotland themselves, have been a victim of their panel approved broker’s very lucrative mortgage fraud  too.

As per usual, I will not be holding my breath. 

American born moral and social philosopher and author, Eric Hoffer, once said, “Disappointment is a sort of bankruptcy-the bankruptcy of a soul that expends too much hope and expectation” and after all these years of searching for assistance and, in the absence of any form of Bank of Scotland communications, here’s hoping my latest attempt to secure a lawyer, this time one who specialises in mortgage mis-selling, will not result in any further bankrupting of my soul.

Maltesers and Madmen

The Maltese physician, inventor, author of Six Thinking Hats and the man who coined the term “lateral thinking”, Edward de Bono, once said, “Unhappiness is best defined as the difference between our talents and our expectations” and this has certainly proved the case for me in my fruitless attempts to get the Bank of Scotland to write off a mortgage shortfall their irresponsible lending culture, their gross incompetence and their rapacious greed created.

Throughout the past six unhappy years I have spent countless hours explaining;

•  Neither my husband or I have anything more than a subsistence income with which to support our three children.
• Neither my husband or I have any capital with which to repay an alleged mortgage shortfall of £217,00,

And, as a result of my recent findings, further explained,

• Like me, HBOS has been a victim of broker mortgage fraud and, as a result of the falsifications which were submitted by the broker in an online application, their mortgage contract with my husband and I is not only void but cannot be enforced.

However, rather than respond to my repeated requests for documentary evidence to help support my case against the broker with the Cornish police, I have just returned from my much needed two week holiday with family to eight letters from the Bank of Scotland and their solicitors not only asking for payment in full but telling me;

•       “We understand that this account is not in dispute”
•    “There is no valid reason for it to remain unpaid”

And,

•        "We do not wish our request for payment “to have a detrimental impact on your personal finances”

Edward de Bono also said, “Most of the mistakes in thinking are inadequacies of perception rather than mistakes of logic” but after six years of flogging the HBOS dead horse I can only wonder...

WHAT ARE THESE PEOPLE ON?

Estimates and Equanimity

Stoic philosopher of service and duty, champion of equanimity in the face of conflict and the last of the five good Roman Emperors, Marcus Aurelius once said, “If you are distressed by anything external, the pain is not due to the thing itself, but to your estimate of it: and this you have the power to revoke at any moment” and, in the face of the  Financial Ombudsman Services painfully disappointing decision to reject my Bank of Scotland mortgage fraud compliant, I have spent the past few weeks revoking its power to distress by investigating and collating my evidence in readiness to give to the police.

During the process of making inquiries aimed at presenting the clearest of pictures, I have discovered the following,

• The Financial Ombudsman Service is not empowered to comment or rule on mortgage fraud and, according to the Financial Conduct Authority, should have made this clear to me from the outset.
• My local Serious Fraud Office are currently dealing with numerous broker driven mortgage frauds which are almost identical in nature to that of my own case. 
• Inland Revenue records show our taxable income for the preceding three years to our mortgage application was a mere 17% of that stated by the broker on our mortgage application.
• The mortgage application submitted to HBOS in March 2006 was not (as I originally assumed) self-certified but instead a full status application offering our company’s accounts as evidence of income and,
• Mortgage fraud can only be reported to the Serious Fraud Office in the district where the crime was committed.

Convinced this type of mortgage fraud was expertly designed by HBOS and merely implemented by the broker intermediary who introduced it, I made another request to HBOS’ executive team, this time asking them why they chose to remove the broker intermediary from their panel during the underwriting of my mortgage.

This was their response,

“With regards to your concerns about the removal of KMS from our intermediary panel, I have been in contact with our Credit Team and they have confirmed that both KMS and ******* ****** are still on our panel for intermediary business through the Halifax Brand under panel number***********...[and] the broker panel number [used previously] was not cancelled until October 2010 and was deleted as Arrangement Ended. This usually indicates a change of FSA status (such as principal) but is more likely to be due to the fact that the Bank of Scotland brand ceased taking introducer business in 2010. Therefore, our systems would update to show that the intermediary related to the panel number applicable to your application would no longer be on our panel as at today’s date.”

However, this lengthy and seemingly plausible explanation once again takes no account of the Bank of Scotland’s own underwriting screen notes for 2006 which clearly state,“The intermediary keyed for this application has been taken off the panel. Please refer to explain it for the appropriate course of action to take” which does not sound the least bit like a 2010 system update to me.Needless to say, I have now shared this information with Antonio Horta Osario’s executive team and am hoping they might  finally see fit to furnish me with a more meaningful reply.

British Indian novelist, essayist and author of Satanic Verses, Salman Rushdie once asked, “How do you defeat terrorism?” His answer was, “Don’t be terrorized” and after six years of living with the terrifying consequences of a financial holocaust in which the Banksters of Scotland have played a significant part, I now live in hope that it will be information which finally sets me free.

As ever, I wait without patience for some results!

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.” 

Fines and Punishment

Psychiatrist, social critic of moral and scientific foundations of psychiatry, author and academic, Thomas Szasz, once said, “Punishment is now unfashionable...[instead] we prefer a meaningless collective guilt to meaningful individual responsibility” and little illustrates this more effectively than the regulatory approach to the fraudulent actions of the banks.

Over the past three decades, a fraternity of banksters have systematically condoned, endorsed and turned a blind eye to illegal activities which have made them multi-millionaires but, to date, not one of them has personally paid their dues for crimes which include;

•  Money laundering for drug cartels
•  Money laundering for terrorists
•  Mortgage fraud when initiating loans
•  Repackaging toxic loans and selling them as low risk investments
•  Betting against these investments to make themselves money
•  Engaging in insider trading and market manipulation
•  Misrepresenting their losses and their loan books
•  Miss selling vast numbers of financial products
• Rigging Libor ratings

As a result of their actions, a culture of criminality has permeated the core of what was once a service industry and when the consequences of banking avarice rendered too big to fail institutions insolvent, the UK was faced with the prospect of economic collapse and public anarchy or picking up the pieces with tax payers money.

Told we had no reasonable alternative but elect the latter we,

• Committed to spending up to 1.162 trillion pounds on bailing out the banks,
• Allocated 10 billion pounds to banking reform,

And,

• Were promised those responsible would be taken to task

As a result of investigations into the skulduggery of the banking crisis both the UK and the US regulators have levied the following fines;

      HSBC (2012). Fine: £1.1 billion. Reason: Money laundering

      JP Morgan (2013). Fine: £572 million. Reason: 'London Whale' trading scandal 
      

     UBS (2009). Fine: £485 million. Reason: Tax evasion

     Standard Chartered (2012). Fine: £415 million. Reason: Anti-sanctions

       ING (2012). Fine: £385 million. Reason: Anti-sanctions

       Goldman Sachs (2010). Fine: £359 million. Reason: Misleading investors

        Credit Suisse (2009). Fine: £333 million. Reason: Anti-sanctions

        ABN Amro (2010). Fine: £311 million. Reason: Anti-sanctions

        Barclays (2010). Fine: £280 million. Reason: Libor manipulation

        Lloyds Bank (2009). Fine: £218 million. Reason: Anti-sanctions

But opting for a meaningless collective punishment funded wholly from banking profits and not the pockets of perpetrators has done nothing to arrest the greed which has driven us to a banking crisis and has instead allowed those responsible to;

• Keep their jobs
• Keep their ill gotten gains
• Avoid prosecution
•  Enlist George Osborne to fight the EU bonus caps in court.

And this year,

• Share a bonus pool of nearly £4 billion which amounts to a shade less than all the larger fines of the US and UK banks put together and gives the recipients an estimated 82.2% rise on the bonus pool  of last year.

In complete contrast to the collective luck of the UK’s banksters, over the past five years,

•  3.7 million UK jobs have been lost
•  35,000 to 50,000 people in the UK have lost their homes each and every year
•  Debt fueled suicide has increased and in some areas has risen by as much as 64% 

And,

•  It has become all too evident that there is no incentive for either the Financial Ombudsman Service or Halifax Bank of Scotland (now disguised as Lloyds) to give my five year old mortgage "miss selling" complaint the attention it deserves.

Ancient Greek philosopher, author, teacher and polymath, Aristotle once said, “The generality of men are naturally apt to be swayed by fear than reverence, and they refrain from evil rather because of the punishment that it brings than because of its own foulness” but if the penchant for collective and meaningless punishment continues to leave those responsible for the banking crisis unaccountable for their crimes, then fear and foulness may well be all we, the victims of the banking crisis, can anticipate.

This is quite simply unjust.

Socially Useless Banking Regulation

Ardent socialist, co-founder of the London School of economics, novelist and playwright George Bernard Shaw once said, “Until the men of action clear out the talkers, we who have social consciences are at the mercy of those who have none” and true to form, the talkers would have us believe austerity measures along with the reform of banking regulation have put both the heartache and the economic implications of the banking scandal firmly behind us.

Keen to keep us all abreast of the good news we are told;

•       “Britain is holding its nerve...the British economy is on the mend...[and]... we are going to make sure that everyone benefits from this recovery.” Chancellor George Osborne
•          “People need clarity over interest rates... to remove any uncertainty and to allow them to make economic decisions.” Governor of the Bank of England, Mark Carney
•        “Britain is seeing the green shoots of recovery...it is healing...and it is out of intensive care,"David Cameron’s spokesman to Reuters (on a daily basis) 
•      "Investors from around the world [are] investing in a British bank [and it] is a sign the British economy is turning a corner", George Osbourne after the sale of 6% of Lloyds bank to overseas investors.

However, for the  99% of us who occupy the real world, the picture remains significantly less rosy;

• The long overdue FSA/FCA investigative report into the collapse of HBOS is to be delayed until next year.
• “Economic recovery has been restricted to those at the top...it is not recovery for most people” Labour spokesman to Reuters 
• “A significant cohort of UK borrowers could experience financial difficulties if interest rates were to rise during a period of subdued income growth,” Financial Stability Report
•  Living standards in the UK are lower than they have been for a decade because inflation is still outstripping wage increases Reuters
•  Barclays and Lloyds have set aside a further 450 million to compensate people they have defrauded and Lloyds have used delaying tactics to encourage complainants to give up on their claims. 

In addition to these far from comforting social truths,  

• The recently published bi-annual Financial Stability Report states, the banks Financial Policy Committee relaxed the regulations for the UK’s big four lenders to allow them to "reduce their capital requirements by 20%"  and in so doing has provided them with a further 70 billion of cunningly disguised bailout.

Meanwhile, trapped between the legacy of widespread and hitherto unpunished banking avarice and the greed of my landlord, my family and I wait, without patience, for;

• HBOS to supply me with information I require to progress my case of complaint to the FOS
• The FOS to respond to my 1 August request that they ask HBOS to supply me with the information I have been awaiting for eight long months
• My landlord's builders to finish their noisy decimation of the Grade 2 listed property I have called home for the past five years

 And,

•  A letter from my landlord’s solicitor to advise me he wishes to increase my rent by a staggering 50% as a result of the installation of an extremely expensive, entirely unsolicited, sustainably fuelled heating system.

In October 2012, Any Haldene, Executive Director of Financial Stability and member of the Financial Policy Committee, made a speech to Occupy Economics to advocate socially useful banking. He said “concrete, practical proposals for change” would be delivered by way of banking reforms which addressed the five “c’s” (culture, capital, compensation, credit and competition) and further stated, “We know too that the costs of crises are felt disproportionately by the worst-off in society whose living standards tend to fall not just relatively but absolutely”. Yet, five arduous years on since my family and I lost our home, our livelihood and our financial futures, the talk continues while, for the 99%, the painful consequences of the crisis remain unchanged.

Stoic philosopher, inspirational master of equanimity and the last of the five good emperors of Rome, Marcus Aurelius, once said, “The guest at the lower end of the middle couch...who is digging in his big mouth with a toothpick is a fraud. He has no teeth” and while I wait, without mercy for the toothless Financial Ombudsman Service, to progress my miss selling complaint against HBOS, I can only conclude both the talkers, the bankers and the regulators are precisely the same.

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.

Adverse Effects

Former US Ambassador to Spain and nineteenth century author Washington Irving once said, “There is, in every true woman’s heart, a spark of heavenly fire which lies dormant in the broad daylight of prosperity but which kindles up and beams and blazes in the dark hour of adversity” and in the face of further obstacles of my own, kindling up and blazing with heavenly fire seems the only way forward.

During the past month I have been advised by our land lord,

• He wishes to carry out building works on a neighbouring property which will necessitate the decimation of our back garden throughout July and August.
• He is switching our central heating system to that of sustainable fuel in two months during which time he expects us to use up all the LPG and oil we have already purchased for next winter
• Our residential tenancy is in jeopardy because, not only have we enjoyed a very low rent for the past four years but, despite having been given permission to have lodgers at outset, we are technically in breach of our lease.

During the past fortnight I have been advised by the HBOS data subject access team,

• Their mortgage department is not responding to their requests for the information missing from my mortgage file
• Their in house solicitors are proving impossible to contact
• Their in house surveyors have ignored all their requests to communicate

And,

During the past week I have repeatedly advised my twelve year old dyslexic son,

• Being repeatedly punched, scratched and sworn at by two of his classmates while on their five day French trip is a serious offence.
• The cuts and bruises he has suffered will soon heal and neither show or hurt
• Reporting bullies is always the right thing to do despite the discomfort from the fallout.

Ancient Greek philosopher and teacher Epicurus once said, “You don’t develop courage by being happy in your relationships every day. You develop it by surviving difficult and challenging adversity” and it is at times like these I can only hope he is right!

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!