Guarded Lies

Polish born Karl Jozef Wojtyla, influential twentieth century leader and second longest serving pope in history, John Paul II once said, “An excuse is worse and more terrible than a lie, for an excuse is a lie guarded” and now that I am in receipt of a second Financial Ombudsman Service adjudicator assessment which once again excuses action in the face of HBOS wrong doing, I too believe excuses are indeed terrible and in the case of the FOS, tantamount to guarded lies.

Already in my sixth year of battle, I have spent the last twelve months acquiring documentary evidence to support my suspicion that the mortgage I was sold by the Bank of Scotland in June 2006 was granted as a result of false information supplied by a broker whom HBOS paid £4,500 in fees to introduce. I believe our income figures and our property valuation were massaged by both HBOS and the broker to ensure our financial position matched their lending criteria and because the application was submitted on line by the broker, my husband and I were oblivious to the methods which had been employed to secure us a re-mortgage.

Obtaining the full un-redacted files of all the documentary evidence I require from HBOS has proved an arduous task which is still not complete and despite making the FOS aware of HBOS’ obstructive practices in this regard, I have repeatedly been put under enormous pressure to agree to my case proceeding without the incriminating evidence I have been seeking. As a result of an ultimatum I was given by the FOS to produce my findings by 31 January or else forfeit my case, I was forced to submit my lengthy but nevertheless incomplete eight page letter of “further evidence” sighting several examples of underwriting practices which I believe can only be interpreted as fraudulent. In it I listed the numerous ways in which my adjudicator has both misunderstood my case and, in a previous assessment, elected to use false figures supplied by HBOS to draw his conclusions rather than the substantiated information I supplied.

I  also drew his attention to the following;

• My mortgage application was submitted, on line, without my husband or I being privy to the information used
• Once the mortgage was approved, my husband and I were asked to sign two separate declaration pages on two separate occasions on forms that were otherwise blank
• At no time did we meet the broker or anyone connected to the sale of the mortgage as all transactions were carried out via email, post or telephone
• The brokerage representative who signed and verified photocopies of our passport for identity and money laundering purposes is unknown to us.
• The broker asked us to send him photocopies of our passports but at no time did he request that he see the originals.

Having received a copy of the original application form (albeit missing the declaration pages) in January 2013 as a result of a miss selling complaint I made to HBOS, I  learned the following;

• The earned income figures submitted by the broker were grossly over-estimated and unsurprisingly amount to precisely what was required to comply with HBOS’s two and a half time income multiple underwriting requirement
• Although my husband was a property developer at the time of application and has never been a sportsman professional or otherwise, HBOS show his occupation to be that of a professional sports person.
• The income details submitted were not verified with our accountant despite us being told it was an underwriting condition at outset and HBOS themselves tell me there is no fact find to support the sale of my mortgage, no affordability checks on file and no obligatory FSA compliance check list.

In addition I strongly suspect,

• HBOS’s in house valuer rubber stamped an overly high valuation of our property because they were told we purchased the property in 2004 for £890,000 despite HBOS’s own in house solicitors’ file for its conveyance clearly stating we purchased our house in 2000 for £250,000
• And, for reasons HBOS are unprepared to share, it appears HBOS removed our broker from their panel during the underwriting process of our mortgage and as a result of this it is highly likely that the execution of our mortgage deed constituted an unauthorized sale. If this proves to be the case, the contract HBOS believe they have with us is void.

Satisfied this evidence of HBOS wrong doing would give the FOS nowhere to hide, I hoped my efforts would finally secure me the long overdue and thorough investigation my case deserves.

This is my FOS adjuducator’s response;

Dear [Life after Debt],

“Thank you for your email and attachment of 28 January 2014. As confirmed in my email of the same date I am responding to your attached letter.

Having reviewed its contents I’m afraid I have very little to add to my position on your complaint, as outlined in my opinion letter of 13 November 2013. While I take into account all of the comments you have made, our service’s role is to concentrate on what we believe are the main and relevant issues in your case. As an impartial organisation we do not take instruction from either party as it is for us to decide what evidence we consider is necessary and relevant to our investigation.”

Furthermore my adjudicator informs me,

• My broker could not be deemed to have been over incentivised to sell me an unsuitable mortgage as I signed in agreement to him receiving his fee
• It is not reasonable for me to claim over valuation now when I had no objection to the valuation the surveyor gave at the time and,
• Because the original application form shows a level of income which is sufficient to support the mortgage applied for, he "considers this...to be fair and in line with good industry practice..."

Needless to say I have, by way of an appeal, asked for my case to be referred to an Ombudsman for a ruling. I can only hope he/she has a more comprehensive understanding of mortgage complaints than my current adjudicator.

Economics graduate, former radio, film and television actor and 40th US president Ronald Reagan once said,” Protecting the rights of even the least individual among us is basically the only excuse the government has for existing” and if this is truly the case then what, I wonder, is our government’s excuse for the existence of a toothless and grossly incompetent Financial Ombudsman Service who actively dismiss the legitimate complaints of the individual while condoning the guarded lies and excuses of a corrupt banking industry?

Truth and Truman

Christof, the fictional allegory of the omnipotent programme maker in TheTruman  Show once said, “If his was more than just a vague ambition, if [Truman] was absolutely determined to discover the truth, there’s no way we could prevent him” and as I enter my sixth year of battling  with HBOS over my miss sold mortgage and its resulting £217,000 shortfall, I can not help but wonder  if  I too have unwittingly secured a  leading role in my own real life reality show. If only a little more effort and absolute determination was all it would take to unearth the truth and nothing but the whole truth about the underwriting of my HBOS mortgage.

To date, despite my best efforts, I am still without copies of  the mandatory compliance documents which should have accompanied the sale of my HBOS mortgage and all I have to show for my endeavours is yet another notch on my FOS complaints file as a result of the second complaint I have lodged, and won, against yet another biased and incompetent Financial Ombudsman adjudicator.  However, I am delighted to report that my absolute determination to confront and overturn the FOS’s unfair ruling has rewarded me with the following:

·         An investigation into the actions of the adjudicator who made the ruling in favour of HBOS without allowing me to submit further evidence

·         An apology from the FOS adjudicator for repeatedly ignoring my emails over a period of three months

·         A  retraction of the unfair FOS ruling of  November 2013

·         An extension until  31 January 2014  to allow me time to submit my additional evidence

With a traumatic year and an unwelcome house move firmly behind me it appears absolute determination in 2014 has afforded  me some more very welcome news. I am now in receipt of a very apologetic letter from HBOS stating a copy of my mortgage conveyance file  is finally on its way as well as notification from the Information Commissioner's Office advising me HBOS is to be investigated for failing to supply me with the compliance documentation  I requested under my DSAR a year ago.

Christof also said,  “I am The Creator - of a television show that gives hope and joy and inspiration to millions” and while I can hardly describe my blog posts or my life as providing hope, joy or inspiration to millions, I, like the viewers of The Truman Show can’t help but be continually wondering, “How [and when] is it going to end?”

Here’s hoping 2014 turns out to be a happy and peaceful one for us all.

Astonishments

Yorkshire born Canadian serviceman Harry Banks and reputedly “the crucified soldier” of the First World War once said, "If at first you don't succeed-try to hide your astonishment" and although the events of recent weeks have provided me countless opportunities to follow this advice, hiding my astonishment has been nothing short of impossible.

• I have been astonished to discover my now severely disabled eighty seven year old mother has been required to stay in hospital for two whole weeks as a result of the mismanaged administration of her medication and a shortage of mobility assessment appointments with the community physiotherapist.

• I have been astonished to discover my Incapacity Benefit assessment is subject to an appointment system which not only allows operators to cancel my designated time slot after I have already left home but then puts my benefit in jeopardy if I am unable to attend on a computer generated date which is allocated without consultation.                                                                    

And once again facing homelessness as a result of an unreasonable and violent landlord,

• I have been astonished to discover our neighbours not only own an additional house in which my family and I can be accommodated but, having had five years to observe us care for our current home, would (as of 1 December) like us to become their tenants in a very attractive property in a neighboring village.

However, despite feeling exceptionally relieved to find I no longer face the prospect of  being without a roof over our heads for Christmas, I remain astonished to find ,

• Eleven months have passed since I initiated my second attempt at lodging a complaint against HBOS with the Financial Ombudsman Service,

• Nine months have passed since I originally requested all records held by HBOS pertaining to my mortgage be sent to me via my Data Subject Access Request

• Fourteen weeks have passed since my FOS adjudicator declined to answer my emails for a period of almost three months,

• One month has passed since I reported said adjudicator to his line manager and

• Two weeks have passed since I placed an official complaint with the ICO as the result of HBOS’ non compliance in respect of my Data Subject Access Request.

I am further astonished and nothing short of astounded to learn that, without warning and ahead of the timescales previously agreed by the FOS themselves (and in the absence of the further evidence I have been waiting for the above mentioned nine long months for HBOS to produce) the FOS have now reviewed my mortgage miss selling case and, in the interests of "being fair" to HBOS, have ruled there is insufficient evidence to support my claim that HBOS have been guilty of miss selling my mortgage! 

Famed for his ridicule of the most banal of situations for European based Theatre of the Absurd in the late 1950's, contemporary Romanian playwright Eugene Ionesco once said is it "explanation [which] separates us from astonishment". However, still reeling from both shock and astonishment at the way in which I continue to be dealt with by both HBOS and the Financial Ombudsman Service, it is "explanation" which now separates me in unadulterated astonishment from any understanding of a regulatory culture which prefers to permit the infamous HBOS to with hold evidence and use repeated delays to obliterate my case of complaint rather than take the time to investigate!  

Shocks and Horrors

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

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

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

 And,

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

As a result of my efforts,

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

And,

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

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

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

And,

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

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

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

Many of us are still;

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

    And,

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

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

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

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

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

     This is too is simply unjust.

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.

Friggatriskaidekaphobia

Lawyer, politician and seventeenth Prime Minister of Canada, John Napier Wyndham Turner once said, “Substantive and procedural law benefits and protects landlords over tenants, creditors over debtors, lenders over borrowers...” and, as a victim of the financial crisis, I know each and every word of this statement to be true.

Over the past five years I have been told,

• Creditors who hound are not bound by their regularity codes of conduct because these are only guidelines
• Requests made by he Financial Ombudsman Service of lenders under investigation are not binding and therefore they are not obliged to comply

And,

• Regardless of the terms laid out in the Housing Act for the treatment and rights of tenants, my landlord holds all the cards because, at any point after the first six months of my assured short hold tenancy, he can give me two months notice to quit.

However,

• I have also been told by both our local police and my solicitor that if my seventy five year old landlord ever enters my rented home uninvited and physically attacks my husband again, we will be well within our rights to bring a case against him for harassment and common assault,

Revolutionary, socialist, philosopher, economist and sociologist Karl Heinrich Marx once said, “Landlords, like all other men, like to reap where they have not sown” but I hoping, after the events of this Friday the thirteenth, my elderly, hot headed landlord might now be wondering if he is about to reap a whole lot more than he bargained for!

Hammered

Eighteenth century German philosopher, cultural critic, poet, writer and composer Friedrich Wilhelm Nietzsche once said, “There are people who, instead of solving a problem, tangle it up and make it harder to solve for anyone who wants to deal with it” and much to my dismay this is precisely the position I find myself in now.

When, in November 2008, HBOS acquired a court order to repossess our family home, I contacted the landlord of a property which I knew had been reduced to a cold, leaky, rat invested shadow of its former glorious self. Too onerous a task for even the most robust of tenants to consider anything other than fleetingly, it had stood empty for the majority of the time that it had been available to let. However, where some saw a crumbling country pile which offered only ice cold winters, damp rooms and a fair few furry friends as housemates, I saw a five hundred year old home which was long overdue some TLC along with a landlord who might actually consider us, despite our financial circumstances.

After some tense moments of negotiation with regard to both our adverse credit history and the level of rent we could afford, the deal was done and in January 2009 we moved into a dilapidated manor house with Tudor origins. Over the past four years and nine months we have endured constant leaks, inadequate heating and all manner of wildlife infestations, but, with the help of our family and friends, we have battled with the elements to turn a once neglected house into a home and, until recently, believed all concerned were delighted with both the transformation, the financial arrangement and the way in which we have kept on top of the minor repairs.

However, following a meeting with a company advocating sustainable heating systems supported by the government’s renewable heat incentive, the attitude towards us has most definitely changed.  

After months of surveys and sales pitches, my seventy five year old landlord is now convinced we are grossly underpaying. Furthermore, he is adamant the installation of a bio-mass boiler (at a cost of somewhere in excess of £130,000) will not only service our family's heating requirements along with those of the four small commercial units he rents out in the adjacent barns, but it will also provide him with a generous return. Based on calculations produced by the salesman who remains blissfully unaware/disinterested in the ongoing structural problems of the property or the letting difficulties of the past, he has advised our landlord that the property will command a further £500 a month more in rent, inclusive of central heating fuel once the new heating system is operational.

What my landlord, his solicitor and the heating agent have failed to appreciate when formulating their calculations is;

·         A smattering of ancient radiators, many of which are broken and all of which are fed by small gauge pipes, will not be sufficient to provide adequate heating in a house of this size, however efficient the boiler

In order to stay warm I will still need to spend a further £240 to heat the water and fuel the fires on top of the inclusive rent

·        While my husband has enjoyed a cumulative wage increase of 7% over the past four years (amounting to approximately £90 a month in total) this has only served to reduce our reliance on tax credit and has not increased our household income

·         I am already in possession of £1066 pounds worth of Calor gas fuel for the winter (for which I am unable to obtain a refund) which I am still paying £154.00 per month

·         The ongoing economic crisis has not improved the chances of acquiring tenants for very large, expensive to run shabby old houses which are not water tight

And,

·         Demolishing listed outbuildings and listed walled gardens without the necessary consents usually ends in tears.

So, while I now await the outcome of irate neighbors incensed by the unapproved decimation of my historic rented home, a formal rent review via an agent which will inevitably result in my being served notice to quit and the information I have been waiting for from HBOS since February, I cannot help but be astounded to discover that despite my letter of the 1 August 2013, the Financial Ombudsman Service’s adjudicator has been unable to press HBOS to provide me with the documentation I have repeatedly requested of them via my Data Subject Access Request because he has, until yesterday...

Misplaced my correspondence!

The imminent Friedrich Wilhelm Nietzsche also said, “Whoever does not know how to hit the nail on the head should be asked not to hit it at all” and as a result of the summers endless shenanigans, I am fast coming to the conclusion there are many who should have laid their hammers to rest some time ago.