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!

Ridiculous Solutions

Ancient Greek mathematician, physicist, engineer, inventor and astronomer Archimedes of Syracuse once said. “Give me a lever long enough and a fulcrum on which to place it and I shall move the world” and, despite an HBOS penchant for obstructiveness, I, like Archimedes I am still hoping a little leverage, along with the evidential support from my HBOS Data Subject Access Request will eventually produce some world moving success of my own.

The Liberty Guide to Human Rights 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”. However, much to my own consternation and that of my Financial Ombudsman Service adjudicator, it has proved extremely difficult to acquire all the HBOS documentation relating to my mortgage miss selling case.

Eleven weeks have passed since I was allocated an FOS adjudicator to investigate my complaint and I am still waiting for HBOS to provide me with the following information,

•           Full details of the valuation undertaken for mortgage purposes on 26.4.06 by Colley’s Surveyors.
•          Confirmation of who was responsible for overseeing the processing  of my mortgage (as the file notes I have received so far say my broker was removed from the panel during its underwriting).
•          The reason my broker was removed from the panel in the first place
•          Copies of all of  the HBOS and broker’s compliance check sheets associated with my mortgage application
• .      A full copy of the HBOS and broker Fact Find which supported my application.
• .      Copies of all documentary evidence supplied by our accountant
• .      An explanation as to why, according to my screen notes, my application was eligible for a maximum loan of £1,260,050 when my home supposedly enjoyed a risk assessment value of £925,000 and our application was for a remortgage amounting to £795,000.
• .      A full copy of HBOS’ contracted solicitors file for my conveyance

And

• .      The identity of the individual who was responsible for underwriting and signing off my remortgage in May 2006.

Anxious to expedite matters, I rang HBOS to solicit a more immediate reply.

I was told,

·         The incomplete copy of my file should not have been sent out without fully addressing my requests
·         My questions would be answered (or declined depending on whether or not they are deemed to be personal data) within 14 days

And, (seemingly totally unaware of the fact that the DSAR team have already ready sent me the names of at least three people who worked on the underwriting of my remortgage)

·         I will never be provided with the names of the individuals who underwrote my mortgage as this would constitute a breach of HBOS’ employee Duty of Care.

Keen to keep the Financial Ombudsman Service abreast of the situation in general I wrote to my adjudicator and was informed,

·         I have already had eleven weeks grace to provide additional evidence
·         The FOS must be fair to both parties at all times,
·         To provide me with a further extension to gather evidence would be unfair to HBOS and
·         If I have not received the evidence I am waiting for before 28 June, the FOS investigation into my complaint is likely to proceed without it.

Greatly disturbed by the dubious logic of my adjudicators comments, I replied with the following,

“Dear Financial Ombudsman Service Adjudicator,

Thank you for explaining to me how things work and I understand my case cannot drag on indefinitely and nor would I wish it to. 

In an effort to expedite matters, earlier today and before I received your email, I spoke to the DSAR team at HBOS who apologized for agreeing to send me information and then not acting on it. Today they have assured me, once again, they will reply within 14 days with regard to the information I have asked for. Thankfully they have also offered to help secure my files from their contracted surveyor Colley's and their contracted solicitors Pathways Residential Mortgages as they say this information should have been available to me in the first place. According to **** **** on the HBOS DSAR team, contracted surveyors and solicitors often misunderstand that the individual is entitled to have sight of their own files.

Although I appreciate you must make sure you are fair to both sides and 11 weeks is a long time to wait for me to supply additional evidence, I believe the fact that I have been unsuccessfully requesting this evidence from HBOS for much more than 11 weeks is in itself unfair. I am now very worried to hear you may well have to proceed with my case on the 28 June regardless of whether or not HBOS have fulfilled my request for valuation and conveyance information. I believe progressing your investigation without all the evidence will only serve to disadvantage my own case of complaint while actively encouraging HBOS to drag their feet in the future and this is not fair to me.

I would like to take this opportunity to reiterate that I am more than happy to collate and send the further evidence I spoke of as quickly I can, once I have received, it but sadly the time frame still rests firmly in the hands of the HBOS DSAR team.

I do very much appreciate where you are coming from but hope you won't mind me pointing this out.

Yours sincerely”

Life After Debt

The Mad Hatter in Lewis Carroll’s Alice in Wonderland once said, ““If I had a world of my own, everything would be nonsense. Nothing would be what it is, because everything would be what it isn't. And contrary wise, what is, it wouldn't be. And what it wouldn't be, it would” and,  if the results of last week’s communications with both HBOS and the Financial Ombudsman Service are a measure by which to assess them, it appears that in the world of the Financial Ombudsman Service and that of the HBOS Data Subject Access Request team, the logic is precisely the same.

Nevertheless, I have no alternative but to I await their replies.

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!

Discovery of Truth

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

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

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

In the last decade alone banks have;

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

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

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

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

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

This was their reply,

Dear [Life after Debt]...

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

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

Yours sincerely,”

Financial Ombudsman Service Adjudicator

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

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

Loss and Losses

Best known for his ironic and well plotted novels examining class, turn of the twentieth century English novelist Edward Morgan Forster once said, “We must be willing to let go of the life we have planned, so as to have the life that is waiting for us” and in October 2008 this is precisely what my family and I were forced to do.

• I let go of my home when HBOS forced its sale
• I let go of our livelihood when my husband’s business bank went into administration,

And,

• I let go of my financial future when I discovered a million pounds worth of unsecured debt.

As a result of this,

• I let go of my pride in always having paid my way,
• I let go of the friends who could not endure the knowledge of our indebtedness and
• I let go of any hope of ever affecting a recovery.

In the years that followed I lost, my financial reputation, my hair and my confidence and the life which was waiting for me definitely was not the one I would ever have chosen.

Over the past three months alone I have also let go of,

• My car under the terms of voluntary surrender
• Our Spanish apartment now it has been seized by the bank and,
• A fair amount of my time now my eighty six year old mother has become increasingly dependent on me.

However, while “letting go” has naturally been fraught with grief for I life I no longer have, the life which was waiting for me has also delivered some unexpected rewards.

• The kindness shown by those who continue to come to my aid has been nothing short of astounding
• The written word in the form of my comments and my blog has not only given me access to expertise but provided me with the voice I longed for and,
• The product of my hard work, focus and bloody minded determination has not only encouraged infamous banking giants and their regulators to sit up and take notice but from time to time it has even made them squirm!

Retired four star general and American statesman Colin Luther Powell once said, “A dream does not become reality through magic; it takes sweat, determination and hard work” and although I continue to wait, without patience, for my un-redacted HBOS file there are I now days when I dare to dream all that will be required of me to let go of in the future is the mortgage shortfall debt these infamous banksters chose to create and saddle me with over the past five excruciating years.

This is the life I have planned for and this is the life I sincerely hope is waiting for me.

Fates and Futility

Democratic US senator and noted civil rights activist Robert F. Kennedy once said, “ First is the danger of futility: the belief there is nothing one man or one woman can do against the enormous array of the world’s ills-against misery, against ignorance, or injustice and violence. Yet many of the world’s great movements... have flowed from the work of a single man. A young monk began the Protest Reformation, a young general extended an empire from Macedonia to the borders of the earth, and a young woman reclaimed the territory of France. It was a young Italian explorer who discovered the New World and a 32 year old Thomas Jefferson who proclaimed that all men are created equal so, with these commendable achievements already in the bag, how hard can it be to bring a few bankers to task?

Deemed “woefully unsound” by MP Andrew Tyrie and the parliamentary commission on banking standards, one might easily assume shirking ones fiduciary duty, turning a blind eye to money laundering, manipulating Libor rates, hard selling inappropriate toxic products and cooking the books to maximise their remunerations  might prove sufficient to bring about the sternest of criminal charges. However, for a gang of HBOS untouchables, the consequence of wreaking havoc with the UK economy and leaving widespread hardship in their wake have been nothing if not “alternative” in their nature.

Indentified by the FSA as far back as 2003 as an“accident waiting to happen” and led by just a few high ranking individuals who chose to use ineffectual financial regulation, a gullible government and the most malleable of auditors to promote “growth at any price", the HBOS three road rough shod over all who stood in their way for many a year. Blinded by greed and self importance they chose to ignore reports of fraud and warnings of dangerously high levels of risk and instead bullied, threatened and dismissed those who spoke out. As a result their “colossal failures” have cost 921 million in fallen share values, 20 billion in tax payer bailouts, 35,000 in in-house job losses and the repossession of countless homes and small businesses.

To date the personal cost to those responsible has been nothing more than a smattering of token fines, some nominal sessions of naming and shaming and a sprinkling of bad press.

HBOS chairman Lord Dennis “cuckoo land” Stevenson, who enjoyed more than £815,000 per anum for a role he viewed as part time, was indignant he should be required to step down from his chairmanly duties despite being found to be either “deluded or dishonest” for the part he played in concealing HBOS’s imminent collapse. However, he has continued to enjoy a variety of roles in well remunerated employment within the financial services industry by miraculously side stepping a ban from holding a directorship or working in the city and does not currently face any criminal proceedings.

Former HBOS chief executive James Crosby (2004-2006), who infamously bred a culture of dismissal for those who opposed his risk management views, chose to return his knighthood for services to banking and, after much pressure, volunteered a reduction of 30% to his £572,000 indexed annual pension. However, the millions he reaped in HBOS share options (two thirds of which he sold just before the bank’s collapse) along with his equally sizable bonuses have remain unencumbered. After his HBOS departure, he was not only offered, and accepted, the deputy chairmanship of the FSA but took up a number of lucrative positions on various boards because, despite widespread public outrage, he too faced no ban or criminal charges.

Boardroom brawling HBOS Chief executive Andy Hornby (2006-2009), who may well have found “the die was cast and it was too late for him to make any significant change" to avoid disaster, not only managed to avoid financial forfeiture for concealing (with the help of his KPMG auditors) 47 billion in HBOS losses before their LLoyds takeover but also managed to benefit from a “change of control payment” on his departure. Paid for by the tax payers bailout, he took £251,000 in cash and 2051 shares on top of his salary, his pension contributions, his awards in lieu of pension and his redundancy payments. Since then he has enjoyed the most senior of roles with both Boots and Coral, without a whisper of prosecution over his HBOS conduct.

Gordon Brown confessed, "I should have done more to prevent the banking crisis," and David Cameron assures us he "will make sure the banking crisis will not happen again”. However, while Downing Street continues to allow the bankster conscience to dictate their fates rather than their crimes, it is little wonder I who have battled with the untouchable Halifax Bank of Scotland for almost five years, have been unable to acquire an un-redacted version of each and every piece of information held on my HBOS file in order to progress my Financial Ombudsman Service case of complaint.

  

US novelist and former financial trader, Philipp Meyer once said, “"Give a small number of people the power to enrich themselves beyond everyone's wildest dreams, a philosophical rationale to explain all the damage they're causing, and they will not stop until they've run the world economy off a cliff" and while our government and their regulators prefer to endorse the calculation of capital as a solution to the banking crisis instead of prosecuting the banksters grossly inappropriate corporate conduct, all we can expect globally, nationally and individually is...

A whole lot more of the same. 

Right and Wrong

Leading romantic poet, army officer and popular spokesman for Roman Emperor Augustus Quintus Horatius Flaccus once said, “A portion of mankind takes pride in their vices and pursues their purpose; many more waver between doing what is right and complying with what is wrong” and little illustrates this more effectively than the current relationship between the government, the banks, their regulators and their victims.

Paralysed by potential for further unfavourable economic consequence, our government remains malleable in the hands of our unprosecutable banksters.  Discretely exploring “The Bank Confiscation Scheme for UK and US Depositors” to cover future bank bailouts, their mantra is forgive and forget in the name of economic recovery and their course is set for redirecting both the blame and the costs of the crisis onto the shoulders of the most vulnerable. Insisting the bankers lucrative history of over-zealous incentivising is merely misguided rather than criminal , our politcians and regulators have used smoke and mirrors to conceal the full extent of the banksters crimes (many of which have yet to immerge) hoping they will pass unnoticed by the silent and unsuspecting majority.

Before taking up office, David Cameron famously said, "We all know, in our hearts, that as long as there is deep poverty living systematically side by side with great riches, we all remain the poorer for it" yet this week, as a direct result of banker bailouts, “an avalanche of benefit cuts will hit the same households over and over, with no official assessment of how far this £18bn reduction will send those who are already poor, into beggary”. In contrast, financial regulators repeatedly excusing corporate criminality on the governments instruction have failed to persuade those who reaped their illicit rewards, without prosecution, to employ moral fiber to tailor their future. As a result, a culture of entitlement for failure lives on amongst the very people whose avarice sentenced millions to a lifetime of hardship.

• Libor rigging at Barclays has not thwarted the 39 million pounds received in bonuses this year, 17.5 million of which is to be received by just nine individuals.
• The money laundering of 881 million dollars for the drug trade has not resulted in a single prosecution at HSBC or at any other bank for that matter.
• Neither has sleeping at the Financial Services Authority wheel cost chief executive officer Hector Sants his knighthood.

And nor have

• HBOS, the worst bank in the world, who have refused to answer all further correspondence from me, seen fit to furnish me with the information I ask of them via my Data Subject Access Request.

I have, however received word from my newly appointed Financial Ombudsman Service adjudicator who informs he is (at long last I might add) looking forward to securing a response to my HBOS miss selling case from...

Santander!?

Quintus Horatius Flaccus also said, “It is no great art to say something briefly when, like Tacitus, one has something to say; when one has nothing to say, however, and none the less writes a whole book and makes truth into a liar - that I call an achievement” and if lip service to banking reform and the reams of meaningless correspondence I have regularly had the misfortune to receive from both Halifax Bank of Scotland and the Financial Ombudsman Service is anything to go by, 

I find that Quintus Horatius Flaccus is definitely not wrong!!