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” continues to disguise banking crimes as mistakes and in so doing allows 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 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 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

 Manipulating markets, LIBOR and anything else they could lay their hands on.

Participated in various Ponzi schemes and,

Cooked their books to miss lead 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 accepting we are the victims of banking criminality) those of  

us who find ourselves in this position have been left with 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 chose to instruct their debt collectors to initiate recovery proceedings for my disputed shortfall during the complaints process. Deeply troubled by HBOS’s actions, I was nothing short of astounded to further discover the Financial Ombudsman Service’s response to my request they ask  HBOS to desist from their recovery action until my case 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 affect a simple instruction despite their request being supported by both Regulatory and Mortgage Code of Conduct Guidelines, I can only conclude I have little chance of them defying prejudice and preconception to flex their feeble musculature in 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 case is anything to go by, I can only assume this is precisely what our untouchable banksters are 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 I 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 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” while David Cameron assures us he "will make sure the banking crisis will not happen again” but while Downing Street continue 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, to date, 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!! 

International Happiness Day

Self improvement guru, lecturer, and author of How to Win Friends and Influence People Dale Brekenridge Carnegi once said, “It isn’t what you have or who you are or where you are or what you are doing that makes you happy or unhappy. It is what you think about it” and today, on International Happiness Day, I could not agree more.

Once devastated to the point of ill health I am relieved to say I am no longer the woman who could once be found underweight, completely bald from stress and cowering in her soon to be repossessed home. Police officers from the Armed Response Unit do not now frequent my drive to discourage angry tradesmen from laying siege and the threat of a claw hammer to my husband’s head is not what I think of when I hear a knock at my door. No more do I endure the involuntary stomach flips which used to go hand in hand with a glimpse of the postman approaching my house and neither do I answer each and every phone call with the trepidation of a woman braced for the onslaught of hard line debt collectors and their verbal abuse.

It has taken almost five years, upwards of three hundred and fifty letters, forty or more debt counselling consultations, three full blown Financial Ombudsman Service investigations, one hundred and fifty five blog posts, twenty thousand two hundred and ninety four page views,  one thousand nine hundred and ninety six tweets,  an inordinate amount of political and economic reading,  numerous phone calls, countless comments on facebook together with thousands and thousands of man hours to discover that although happiness is not dependent on what I have, where I am or what I am doing, happiness is definitely about having something to hope for.

American author and essayist Elizabeth Gilbert once said, “Happiness is the consequence of personal effort. You fight for it, strive for it, insist upon it, and sometimes even travel around the world looking for it. You have to participate relentlessly in the manifestations of your own blessings. And once you have achieved a state of happiness, you must never become lax about maintaining it. You must make a mighty effort to keep swimming upward into that happiness forever, to stay afloat on top of it” and although financially our circumstances have remained unchanged, I am very pleased to report that by fighting, striving and insisting I have not only discovered that I have been a victim of mortgage fraud but I have also found someone who investigates financial fraud on behalf of clients trapped by the wrongdoing of lenders and their associates who is prepared to take my case.

Because of this I now most definitely have hope and it is for this reason, today on International Happiness Day, I feel truly happy!

Ridiculous Enemies

Roman economist, lawyer and politician Marcus Tullius Cicero once said,” There is no sanctuary so holy that money cannot profane it, no fortress so strong that money cannot take it by storm” and while bonus pots continue to unashamedly reward the untouchables for their ever increasing list of banking failures, it is no surprise to find the words of this ancient Roman theorist still ring uncomfortably true.

Reputedly focused only on electoral gain, Cameron and Osborne do nothing to bring our elitist banking fraudsters to account while regulatory figure heads Turner and Wheatley prefer to promote the fallacy that the dirty deeds of banking avarice are but a distasteful memory of the unregulated past. In preference to making use of the laws of incorporation  to the secure the prosecution of those who chose to serve themselves at the expense of the majority, banking losses remain socialized while those who condoned them keep the wealth their dishonesty has afforded them.

In contrast, the  opportunities to seek recompense for those who fell foul of this culture of miss selling and manipulation are limited by way of cut backs to legal aid and the withdrawal of funding to charitable organisations such as the CAB. Yet, driven by the terror of an alternative which could herald the breakdown of the current financial system (not to mention the loss of influential friends and their much valued votes) our two faced politicians have left the victims of this criminal banking culture abandoned and defenseless in the jaws of their oppressors. As one would expect the ongoing governmental trend to pretend and placate the voters rather than address the root cause of the banking crisis, has done nothing to deter the same self serving and morally bereft people who now insist that lessons have been learned.

In the real world it is business as usual for the bankers and despite much talk about plans to serve both the economy and the customer, the long suffering individual is still being persecuted and bullied into untenable submission. The cases below represent the tip of a huge iceberg which is unlikely to feature on any politician or regulator's radar because, unlike powerful corporations with budgets for legal and financial advice, the individuals concerned have once again been hung out to dry having been left with no alternative but to succumb to the whims of the all powerful banks demands and then crawl away to seek some quiet solitude in order to lick their wounds. This is because many have neither the stomach , the knowledge or the means by which to stand up to the wanton disregard of the banking fraternity they are forced to deal with.

Over the past few months I have discovered;

HSBC, who laundered 600 million in drugs money and paid only the equivalent to a few weeks profit in fines as a consequence, are unprepared to renegotiate the terms of a 15% LTV mortgage of an employed professional woman, and a mother of three, who cannot make ends meet now her husband has been sectioned under the Mental Health Act. She has never missed a payment and had originally planned to repay her loan in five years time. She has been told by HSBC she has no alternative but to sell her beloved family home of twenty years as quickly as possible.

HFC, a key offender in the miss sold PPI scandal, have repeatedly told a chronically ill widow that her 30% LTV mortgage must be repaid in full. She has been advised her mortgage cannot be rescheduled  (her husband died without sufficient  life assurance to repay the loan) despite having made every payment in full every month for twenty years and a guarantee from her pension provider confirming she can afford to continue to pay. She is faced with the unpalatable prospect of selling her lovingly restored home as quickly as possible.

Barclays, who made a healthy profit from the manipulation of LIBOR rates, repeatedly told an 85 year old woman who believed she had purchased a lifetime mortgage  at 20% LTV that she would have to repay the outstanding balance on her mortgage with immediate effect or face the ordeal of the bank applying to the courts to take possession of her home. On attempting to initiate a formal complaint she was told it was unlikely to be dealt with until after her house had been forcibly sold.

And,

HBOS, who have earned themselves the reputation of being the worst bank in the world , unnecessarily forced the sale on my home rather than allow me to rent it to cover my mortgage payments, spent the past four and half years telling me a woman has no right to be informed separately from her husband about mortgage arrears if her husband is already in discussion with them and, having made use of a fictitious purchase price and purchase date in order to over value my home and sell me a mortgage in the first place, now tell me the discovery of these falsified facts has nothing to do with them. Furthermore, in true HBOS bully boy fashion, I have received two demands from their debt collections agency despite HBOS’s own acknowledgement that they understand my case is currently under investigation by the Financial Ombudsman Service.

French enlightenment writer, historian, philosopher and master of wit, Voltaire, once said, “I have only made but one prayer to God, a very short one: O Lord make my enemies ridiculous, and God granted it” and if recent events are anything to go by, ridiculous enemies appear not to be the exclusive domain of Voltaire!

Learning Difficulties

First Viscount Saint Alban, philosopher, statesman, scientist, jurist and author, Francis bacon once said," It's not what we eat but what we digest that makes us strong: not what we gain but what we save that makes us rich: not what we read but what we remember that makes us learned: and not what we profess but what we practice that gives us integrity" and although I have drawn strength from words such as these throughout each and every excruciating year spent in the ruthless jaws of the Halifax Bank of Scotland, I suspect for the vast majority of those I am forced to deal with, strength of resolve, fair practice and  integrity occupy a negligible space among their tasks in hand  and  this week’s correspondence has offered  little opportunity to think otherwise.

Following receipt of  the Financial Ombudsman Service’s confirmation  that my miss selling case has been accepted  and  is now awaiting allocation  to an adjudicator, I have  requested a copy of  every single document relating to my Bank of Scotland  mortgage from the following organisations.

• The solicitor who conveyed my mortgage
• The Bank of Scotland archive
• The surveyors  instructed to value my property
• The mortgage broker who introduced our application to HBOS

Excited in anticipation of the information my actions might afford me, I was delighted to find my solicitor happily agreed to put the matter in hand immediately and, in spite of a history of reluctance to assist in my compliant,  I am equally pleased to report HBOS have agreed  to furnish me with the information I require by 1 April.

Both the surveyors and the broker have not.

Much to my astonishment, not only have I discovered the surveyors instructed to value my home were salaried HBOS employees, but because of a specific instruction by the Bank of Scotland at the time of application  stating I should not be supplied with the valuation, these same HBOS employees remain unwilling to part with any information  now. Furthermore, the broker who placed our £790,000 mortgage with HBOS in 2006, and by so doing earned himself a healthy £4,000 fee, now regrets they are unable to supply copies of documents relating to my mortgage application because their regulators do not require them to keep records for this length of time.

As my recently acquired advocate and I smell a rat, I have written to the Financial Services Authority to ask for their comments on the mortgage brokers letter. I now wait with interest to learn the outcome.

American novelist and author Lloyd Alexander said, “We learn more by looking for the answer to a question and  not finding it than from  learning the answer itself” and  while some continue to  seek answers which negate bonus caps and others prefer profits to serve the greater good, I plan to practice the art of asking questions of HBOS because I am convinced  it is as organisation where fraud  has come naturally and because of this I am now paying the price.