Rot and Regulators

Marcus Aurelius once said, “Everything we hear is an opinion, not a fact. Everything we see is a perspective, not the truth” and having opened an email from the Ombudsman’s adjudicator, I am endeavouring to focus on the wisdom of this Ancient Roman Emperor’s as I contemplate my appointed FOS representative’s thinly veiled words of contempt for my fourteen page letter asking for her help.

While the FSA are happy to spend tax payers money by the million on “shaped” investigative reports that avoid holding RBS executives to account and David Cameron continues to trade on his selective Christian principals to explain how “quick [he] has been to forgive the bankers” along with his “biblical” reasons for not seeking retribution, it seems evident the circling of waggons to protect the select few is high on the Financial Ombudsman’s Service’s agenda too. I have grown used to the obstructive attitude of the complaints business as a result of my pursuit of a full, formal and detailed investigation into the unnecessary forced sale of my home by HBOS.

Since I initially contacted the FOS for their help in April 2011 I have been told,

·       They “cannot interfere with the commercial judgement of a business” despite the fact that it clearly states on their web-based consumer fact sheet that, “In some ways we are like a court of law- and our Ombudsmen are like judges.”

·       It is not their job to look back at a situation “with the benefit of hindsight” and change the outcome in spite of their consumer fact sheet stating, where an individual has lost out because of a business’s actions, “we can tell the business what to do to put things right”.

·       They cannot see how “exactly [I] expected [HBOS] to contact me directly” with regard to the mortgage arrears that led to repossession of my home even though I have on good authority HBOS have a legally binding “duty of care” to me in this respect.

·       They cannot see “how it would have been possible for [me] to have dealt with these arrears on my own even if [HBOS] had managed to contact [me] directly” or make use of this information to avoid the repossession of my family home, despite in clearly stating in the HBOS Mortgage Conditions Booklet that letting an HBOS mortgaged property is an option albeit “with the lenders permission”. In fact the FSO’s own technical note explains, in detail, how they investigate a complaint about premature or unnecessary repossession.

·       They “cannot see there is anything to be gained by addressing each of the points within my complaint individually” even though it clearly states in their fact sheet they “don’t take sides and always take a fresh look at the situation.”

Yesterdays FSO correspondence now states,

·        “As [HBOS] initially stated that the complaint was outside of the Financial Ombudsman's jurisdiction, it is likely that this element will need to be dealt with first [and] as such it is likely to be sometime until this is finalised” and my case passed on to an Ombudsman for investigation.

Astounded by the throwing of an HBOS favouring spanner into the works and further outraged because I believed I had addressed the issue of juristiction and laid it to rest at outset, I cannot pretend to be surprised I have unearthed yet more evidence of regulatory tolerance for banker’s criminality. Furthermore I was  completely unprepared to find the Financial Ombudsman Service would, like HBOS’s own complaints department, be unashamed of their tainted allegiances and unrepentant for their acts of discrimination against me to the extent they would put it in writing.

Having compiled my reply I remain in wait, once again, in the hope my HBOS compliant will  receive the airing I believe it deserves while I marvelling at those who believe we are best served by watered down banking reform and regulation. With David Cameron descibing himself as an intermittent but practising Christian who allows himself to “ignore the biblical passages concerning the sick and the poor”  there is little wonder the way is left clear for our regulators to feel empowered to protect the favoured few.  Bureaucratic endorsement of regulatory apathy and injustice for the majority not only ignores basic human values in favour of supporting the prosperity of the self appointed elite but the self-interest of government driven directives to forgive the criminal actions of the casino bankers avoids their prosecution and leaves their swag bags bloated an untouched.

Thomas Jefferson once said,“ Is it less dishonest to do what is wrong because it is not expressly prohibited by written law?” I for one cannot imagine this is a conundrum the greedy bankers, David Cameron or his puppet regulators spend any time whatsoever deliberating over. For the favoured few the law, government guidelines and codes of conduct created for the benefit of the greater good are completely irrelevant.

Blissful budgets

Ever mindful that my children’s school holidays should focus on quality family time and not my battle with the banks, it is always my intention to keep my ongoing traumas to within the hours that my children are at school. I believe strictly adhering to this regime for the past three years has not only enabled me to compartmentalise “my work” at the debt fighting coal face at a safe distance from family life, but it has also preserved my sanity, my strength and secured the re-growth of my hair.

Carefully planning my tiny half term budget to attain maximum reward from an income that amounts to little more than 15% of that which we enjoyed before the demise of my husband’s property business I have,

·        Entertained friends and family on a number of occasions courtesy of the plentiful and economically helpful M & S staff waste sale

·        Arranged two cinema trips for early morning showings courtesy of pre-purchased and hugely discounted tickets financed by my mother

·        Repeatedly invited my children’s school friends to visit in an effort to breathe new life into our favourite board and card games.

Although our life style has changed dramatically since the days of the pre-credit crunch melt down of the property market, I take pride in the knowledge we have lived without discomfort and within our means since the terrifying loss of 85% of our income and 100% of our assets in 2008. Resigned to the harsh reality we are no closer to paying off the million pound deficit we were left with, I am thankful our losses have not increased and am relieved that all but a handful of our creditors have accepted pursuing us will be costly and futile.

In contrast to the satisfying peace and quiet of my modest life I am acutely aware Occupy Wall Street protesters and right wing Tea party campaigners alike are far from satisfied that the US government is taking any meaningful steps towards cutting its coat according to the available cloth.  Both factions continue to be incensed by an untenable situation created entirely by the greedy casino banker’s courtship of subprime lending. As a consequence of this flawed mortgage business together with their hoodwinking of governments and institutions alike into believing their lending books were, in fact, perfectly safe vehicles for the cautious investor, the subsequent government banking bailouts have taken the US national debt to an unprecedented fifteen trillion dollars leaving this unwieldy super power teetering on the verge of global default.

While US politicians attempt to thrash out a solution to government cash flow issues which, if put in household terms, involve expenditure of nearly twice the budget and with only 10% in cut backs to help balance the books, I have been forced to break my holiday embargo on my own credit crunch war due to one of the very banks who actively tailored their lending portfolio to suit subprime borrowers and then required a government bailout of 3.55 billion dollars in November 2008 because of their recklessness. US based Capital One have not only authorised the sending of three letters to me over this half term period but left me feeling both anxious and confused over their content.

This week alone Capital One tell me they are,

·        Happy to look into why they have been instructed to pursue us in the light of receipt of the copy letter they sent me last year stating their decision was not to pursue us. I am asked to “bare with them” while the matter is investigated.

·        Instructing immediate court action as I have repeatedly failed to communicate with them and have left them no alternative.

·        Employing the services of a doorstep collection agent, an action which I, so say, have brought on myself by making no attempt to respond to their numerous attempts to contact me.

Incensed by three such conflicting pieces of correspondence I rang Capital One’s UK agent and asked them which letter I should regard as an accurate indication of their intentions only to be told it was impossible to know as Capital One do not reply to their letters!

I can only conclude, just like their UK counterparts who also chose to romance subprime lending and create fictitious lending book valuations, Capital One are far too busy to deal with their correspondence.  I have little doubt their days are taken up with counting the benefits of privatising the gains they have secured from their government bailouts while the rest of us mere mortals are left smarting from the global fallout of their nationalised debts.

I was interested to read the words of ancient Roman lawyer and statesman Marcus Tullius Cicero who said,

“The budget should be balanced. Public debt should be reduced. The arrogance of officialdom should be tempered and the assistance to foreign lands should be curtailed, lest Rome become bankrupt.”

I feel safe to say this is evidence that some things never change.

Hogwash and other things

Late one wintry evening whilst silently racking my brain and the internet, for answers to our untenable position, I typed "HBOS complaints" into my google search engine. After the initial surprise, relief, shock and horror at what I found, my blood  began to boil. Because I had been completely consumed by the impact the financial crisis was having on my families life, the fraudulent dealings of HBOS had totally pass me by. 

For two and a half painful years not only I had remained unaware I was not alone in my suffering but I was also oblivious to the fact the Bank of Scotland were the subject of the majority of mortgage complaints made to the Financial Ombudsman Service. I was astounded to find 40% of these mortgage complaints were found in the complainant's favour. Not only was it a relief to know I shared my desire to expose the Bank of Scotland's skulduggery with other victims but I also discovered there were a bloggers, such as Stop HBOS, and the BBC broadcaster and reporter Ian Fraser who were also revealing a catalogue of scandalous dealings within this too big to fail bully boy bank. I am now following  both in an effort to keep abreast of any new developments.

However as a result of further internet searches, I have been further shocked by the report that the Bank of Scotland moves to restructure buy-to-let debt - The Irish Times - Thu, Feb 10, 2011.  It appears the Bank of Scotland, in exceptional circumstances, is to offer some buy to let investors who have fallen into deep negative equity an opportunity to sell at less than the value of their mortgages without come back.  The Bank of Scotland says that they will not be burdening these people with any shortfall obligation.

It goes without saying I am truly happy a solution has been arrived at for those in Ireland who are experiencing mortgage distress and shortfalls but because of HBOS' blatant double standards, I find it nothing short of outrageous that those of who are suffering in the same way in the UK are not enjoying similar treatment. Instead of forgiveness we have been forgotten and this is simply unjust.

Surely the Bank of Scotland's UK residential customers are equally deserving of an opportunity to move on with their lives. Yet, instead they have chosen the buy to let sector to bestow their compassion and are romancing the Irish press with statements which show them in the warm compassionate light of benevolent benefactors.  "Exceptional circumstances" should apply to people in my position. People with three small children who have had their homes, their livelihoods, their health and their hope of ever having a debt free or (even debt manageable)   financial future.  What about our struggle with a £1,000,000 unsecured debt, ill health, bereavement and my husband's suicide plans?

The article states they cannot get "blood from a stone" yet this is precisely what they have been trying to get from us via their Merrils Ede appointed henchwoman. Merrils Ede state on their website that they treat debt collection as if it is their own money and make no differentiation between "can't pay" and "won't pay".  It is for two and half years I have woken every morning wondering if my husband is to recover from his beating at the hands of the Bank of Scotland. I repeatedly rack my brains as to how I can put a stop to the Bank of Scotland's ongoing persecution of my family.  Beside myself with anger and frustration to find their callousness is set to continue because they can only empathise with Irish clientele with second homes and investment properties.

It is now abundantly clear to me all I and the CAB have ever received from the Bank of Scotland in reply to our frequent and lengthy letters explaining my family’s desperate plight, is complete and utter hogwash. 

The Bank of Scotland has  definitely not heard the last of this!