Busy Getting Nowhere

American journalist and author Sidney J Harris once said, “The two words information and communication are often used interchangeably, but they signify quite different things. Information is giving out: communication is getting through” and while it remains abundantly clear I am still a long way off getting through to banking giants Lloyds and HBOS, I have been the recipient of a varied and plentiful supply of information from varied number of sources in the interim.

I have recently discovered,

·        Friend’s committee meetings, contrary to popular opinion, are not a forum from which to explore new ideas but instead serve purely to facilitate more of the same.

·        BT Internet hot spots, unlike their TV advertising campaign would have you believe, can only be accessed by spending a inordinate amount of time on the phone to their overseas call centre.

·       Private landlords who substantially reduce the rent are often loath to spend money on essential structural repairs to five hundred year old properties regardless of the consequences.

·        Parliamentary Ombudsmen, despite their swift reply to my consumer complaint, have completely miss-understood the nature of my grievance in the name of efficiency.

And

·        Government guidelines along with the guidelines of the Financial Ombudsman Service for banks dealing with customers in arrears, or facing repossession are completely irrelevant when the FOS assess the merits of a formal complaint.

It appears, despite my tentative forays on twitter and the plethora of information I have subsequently gleaned from all who have kindly responded to my posts, for those of us who remain locked in battle with the banks, there is still an inordinately long way to go to affect a success communication of our predicament to both the government and their banking regulators. I do, however, take some solace in the words of both American anthropologist Margaret Mead, and the twelve year old Canadian girl who quoted them when she expertly explained how banks have defrauded and robbed our economy on U-Tube this week, “Never doubt that a small group of people can change the world. Indeed it is the only thing that ever has.”

I sincerely hope she is correct.

Sink or Swim

In the mid 1800’s American activist, journalist and abolitionist William Lloyd Garrison said, “You cannot possibly have a broader base for government than that which includes all the people with all their rights and with an equal power to maintain their rights.” He was speaking in support of the emancipation of slaves at the time and, although I do not pretend to claim the banking crisis is equal in abhorrence to the plight of the twelve million Africans who were sold into slavery between the sixteenth and nineteenth centuries, there are definitely parallels.

Like the slave traders, there are a number of bankers worldwide who have pursued personal gain with no regard for the pain and suffering levied on others. When those enslaved by debt could no longer afford their mortgages, often as result of austerity related job losses, these bankers threw them out of their homes along with their families without a backward glance. Having systematically asset stripped the global economy to line their own pockets, this very same fraternity has maintained an aloof detachment from the cruelty their psychopathic and narcissistic actions have had on their victims. Masterfully in denial of all culpability, they have stood by while millions of homeowners (forecasters predict twenty five million foreclosures in the US alone) had both their livelihoods and their equity removed from their grasp with a single expertly placed blow.

Shackled indefinitely to mortgage shortfalls as a direct result of bank profiteering, and bullied and beaten by the banks henchmen, the individual is also expected to pay the price of the global economic crisis. In contrast the bankers are still enjoying remunerations of up to 500 hundred times that of the national average earnings. For many of those trapped in debt sentences for life, emancipation is unimaginable and with debt forgiveness out of the question, it is little wonder there has been a 36% increase in the suicide rate. Even more staggering, this figure by far exceeds the 21% increase in suicides during the Great Depression of the 1930s.

Throughout the years of financial crisis help for those paying the consequences has definitely not been at hand. The UK government and their regulators have paid little more than lip service to the much needed rescue packages promised to those experiencing mortgage distress while news of a further drop in share price for many of the “too big to fail” UK banks following the announcement of two billion dollars in losses at “too complicated to control”JP Morgan only serves to highlight how little has changed since the onset of the global recession.

While the Greeks and the Spanish struggle to reach any solution at all, newly elected French prime minister, Francoise Hollande may well have had the task firmly in his sights when he stated, “My principal adversary has no name, it has no face, and it does not belong to a political party, it has never presented its candidature and has never been elected but it still governs. This adversary is the world of finance” but, encouraging as his words are, he too has yet to deliver.

However, in the US, it appears the tide may at last be turning.

Distressed homeowners with underwater mortgages and more than two months of arrears are to receive aid in the form of principal reduction in an effort to enable them to stay in their homes. After year long government negotiations the banks in question hope to avoid 850 million dollars of penalties by financing a rescue package for the individual which not only avoids the huge costs and the heartache of foreclosure, but helps those in difficulties get back on their feet. Although some would say the twenty five billion dollars set aside to implement this is still not enough and the banks have, once again, got off lightly, it is a far cry from the heartless foreclosure policies of the UK’s banking industry.

Delighted to hear our American cousins are soon to benefit from the support of a government prepared to take some of their errant bankers to task, I cannot help but wonder why a similar settlement has proved impossible to arrange for sufferers of negative equity mortgages here in the UK. Had this been the case when I was in the grips of repossession at the hands of HBOS, my story would have been very different to that which I tell now.

Thomas Jefferson, third president of the United States once said, “When people fear the government there is tyranny: when the government fear the people there is liberty” and hearing these words I am left wondering what future can we in the UK can expect when it blatantly obvious that our government lives in fear of the banks.                                                                                                               

Perceptions

Whilst I am unsurprised by Rupert Jones’s article in the Guardian stating FSA figures show property repossessions are on the increase, I am amazed twenty two people, who appear not to have been repossessed themselves, have commented so emotively on the subject. Even more remarkable is the fact only one person from the twenty two who had something to say laid any blame at the door of the banks.

If this cross section is anything to go by, the Guardian reading public feel the government and the banks have a lot to answer for but  ultimately it is the individual who is to blame if their houses are repossessed. The commenting public simply believe “chickens have come home to roost” for the irresponsible mortgagees who have over stretched themselves by purchasing houses they could not afford.  In more than one case these errant and homeless individuals are condemned for making a fuss over something which is not even a “life or death” matter and accused of having used yet more taxpayer’s money for personal “bailouts” of futile self created situations.

Financial self interest is well represented in these comments while only minimal amounts of sympathy, very little understanding and virtually no empathy are evident. Bearing in mind it is well documented most repossession cases come about as a direct result of loss of income, I find it extremely unpalatable to discover so many people feel at liberty to cast the first stone. I can only conclude this is because they feel secure in their belief losing a home through repossession is not something which happens to people like them.  I can only wonder if opinions might alter if they were aware of the following;

·        HBOS excluded me from all conversations about arrears on my jointly mortgaged home on the grounds that I am a married woman.

·        HBOS went to court to obtain a possession order for my home based on a report from an HBOS appointed debt counsellor with whom neither my husband nor I have ever had a consultation.

·        HBOS refused to discuss reduced payments or any other options when I discovered our arrears and instead applied for possession through the courts four weeks later.

·        HBOS refused to allow me to agree a three year tenancy for my house with a revenue stream which covered my mortgage interest.  This option was available six months prior to them forcing the sale of my home.

·        HBOS forced a sale on our family’s home of ten years while fully aware of my husband’s health, unresolved grief from the loss of both his brother and mother from Motor Neurone disease and subsequent failure of his business.

·        HBOS carried on with their plans to repossess in spite of knowing my husband was actively looking for employment since his business failed due to the economic recession and the demise of our business bank, Heritable.

·        HBOS turned a mortgage with ten months of arrears into a £217,000 shortfall.

·        HBOS seized a £150,000 share of the equity in my home they had no right to as they did not ensure I was advised to take independent legal advice from my husband when he raised capital against our home for business purposes.

·        HBOS destroyed any chance of capital recovery for us forever yet still feel they can make regular demands for repayment of a shortfall they created by their actions.

·        HBOS have continued to harass and victimised me for two and a half years over money they are fully aware we do not have.

I sit, as ever, in my kitchen wondering if the Guardian readership cross section is truly representative of the masses. If it is, what a shock the masses are going to receive if they, like me, fall foul of HBOS’s illogical, vindictive and discriminatory business practices. They say ones perception of any problem is determined entirely by where you are standing when you perceive it.  I hope those who have seen fit to sit in judgement of the less fortunate may see fit to review their stance when they learn of my experiences at the hands of HBOS,

but,

I won't be holding my breath.

Viva Espana

They say life is what happens to you while you are busy making other plans and today I wholeheartedly subscribe to this observation.  In the space of hour I have visited my eighty four year old Mum, called in on a friend for a coffee, told my lodger Daryl not to leave rotting stinking food in our fridge, advised the Chairman of the school Governors their marketing strategy is flawed, praised the Friends secretary for all the hard work she is doing on the up and coming summer ball, explored how best to prepare for a court case against the Bank of Scotland with my solicitor, and discussed the legal implications with our tenant in Spain in the event of the imminent repossession of our apartment.

In reality any one of these subjects would be more than enough for my addled brain but knowing full well success usually comes to those who are too busy to go looking for it, I always feel compelled to do everything I have agreed to. The job I had planned for today was simply to establish what Banca Caja in Spain want to do with our apartment on the Costa Del Sol. We haven't been there for three years and have made no payments for most of this time to either Banca Caja, who hold the mortgage, or the community who provide the maintenance services for the complex. Bizarrely enough, it was only when some good friends found a long term tenant for me who expressed a interest in buying it, the real trouble started.

Discovering the rent being offered was enough to pay all the interest on the mortgage with Banca Caja as well as 95% of the Community fees, I foolishly thought those concerned would be pleased if I arranged for my tenant to pay these amounts direct to both of them. It was at this point the madness began. On moving in, my tenant, who enjoyed watching the BBC channels on TV was disappointed to find that the Community satellite was failing to provide them. He approached the community manager about a repair but was told it would not be forth coming without a committee vote. This was because our financial difficulties had resulted in 9000 euros of arrears.

At the committee meeting the Chairman of the Community recommended a vote to a force sale of the apartment on the pretext that the equity from this be used to recoup the amount owing. No amount of explaining on my part that the property had 100,000 euros of negative equity would deter him. I later discovered, his motive had less to do with settling an outstanding community account and a lot to do with acquiring our apartment cheap for his friend.

 My tenant, who by this time was feeling very insecure, suggested I write to my bank and my solicitor to verify his position.  I did this only to hear that the bank also wished to take possession of the apartment too but had not done so because they had forgotten to impliment it two years previously. I was assured that my tenant could remain in residence due to his protected tenancy and he would be allowed to purchase the apartment within a five year period. Banca Caja went on to say that they would, in exchange for my agreement to this, write off the 100,000 euros negative equity and arrears and settle all outstanding bills against the property including the Community fees.

Hallelujah, I thought.

Everyone is happy (except perhaps the Chairman of the Community’s bargain hunting friend) and no stupid “Bank of Scotland type” debt collecting persecution tactics for me to deal with either.
The icing on the cake was that, during the following weeks, Banca Caja stopped allocating the rent payments to my mortgage account. When I enquired why, they insisted that it was no longer necessary as any interest due when the repossession was implemented would form part of the write off. My tenant, whose solicitor advised him he had to pay rent to someone to protect his tenancy rights, has continued to pay it to me and I have now purchased a modest holiday with the proceeds.
Thanks Banca Caja you have been great but do you realise, I wonder, that you have still not repossessed my apartment.

I am now wondering if maybe you have forgotten again.