Warning to LIP’s and Homeowners:
I am not surprised that this country has been taken for a merry go round ride that has lasted for 25 years. It has cost this nation its ‘financial status’ and classified into history as ‘Broken Britain’ by the very Politicians and the legal system put in place by them. The citizens of this country now held to ransom by the same ‘financial criminals ‘who threaten to take their business elsewhere, should suffer the same pain they have inflicted on the masses, be‘charged’ as those petty criminals are charged and hounded. The country fraudulently has been milked and duped, and these Politicians too weak to rein them in, as the horse has bolted and the country have been brought to its financial knees. The banks declared losses to make sure that the tax payer does not benefit from their investment.
My recent case 2009-2012 against my mortgage lender was dismissed in Court unfairly two years after I was allowed to escalate my case to include Conflict of Interest by the lender.
The lender had instructed their ‘designated company solicitor’ to act on the behalf of themselves and me. The key Facts clearly state that all ‘legal costs’would be paid as an ‘incentive’ with no exceptions or clear indication in plain simple English or in legal jargon that I had to take independent legal advice and these costs would only cover the ‘conveyance’ and not ‘legal advice’. The designated company solicitors went on to inform my previous mortgage lender that they were instructed to act on my behalf. They proceeded to do this without my written or verbal permission and then went on to instruct my broker to act in a legal capacity to conclude the mortgage.
All these ‘entities legally’ allowed to trade were aware that I did not benefit from any legal advice and the half filled application forms raises eyebrows as to how this re-mortgage was allowed to be concluded by the designated solicitors with boxes left un-ticked as to how this mortgage would be repaid after the term was over with no savings plan put in place as this was an interest only mortgage, no terms and conditions contracts in place signed by both parties that clearly lays all the terms and conditions and the start and end date of this contract.
This mortgage was concluded without legal representation for me and no written or oral disclosure presented to the Court to prove that I was advised to take independent legal advice as they had convinced the Circuit Court Judge that they had done so. In addition there was no legal representative from the lenders on the day of the signing of the deed.
The Judge found in favor of the solicitors, and the lenders not forgetting the broker stating that each did not have a duty of care towards me…the borrower of a home re- mortgage.
These ‘Designated’ company solicitors are given the duties to sign on the behalf of the lender amongst other legal duties. This had enabled them to sign the deed as an unnamed solicitor had done so in 2005 in proxy. The Mortgage Company had to be aware that the designated duties would also include their solicitor to protect their interest as ‘paramount’. The Mortgage Company was also being aware that their solicitors would go on to employ themselves to act in the conveyance and transfer of funds etc. to my account etc. The same solicitors were also instructed to act on my behalf by the lenders to conclude the mortgage in 2005 and then were instructed to evict me in 2006 or they had instructed themselves… as powers given to them, when I fell behind on the mortgage by a few months. This evicting was the ‘first resort and not the last’ and I was refused all help with no respite. They committed perjury and abused the Administration of Justice Act by stating that… ‘No payments were made since inception’…when they knew that the remortgage was a new one taken in June 2005 and arrears began in after the hit and run accident that saw my car written off in Sept 2005. I paid six installments before falling into arrears in Jan 2006 and all my pleas for help were made to deaf ears and their attempted to evict my family and myself using my car accident as an excuse for the eviction. The Courts breached our liberty by allowing this eviction that did not take into consideration of my circumstances as the Administration of Justice Act states, and proceeded to order the eviction.
I cleared all arrears and fell back into a one month arrear pattern as I tried to play catch up until 2009. I was seriously unwell from 2005-2008 until I had seven injections in my spine and it took a year to 2009 to finally to walk again and wean myself off the drugs I was given to stem the pain. In 2009 I realized when I requested an annual statement of accounts that they had added 5,500/- to the principal of the mortgage without advising me. This was one of the purposes of me instigating the case against them as I was stonewalled to the point of distraction in 2009.
Their agent advised me over the phone that they had the ‘right to charge any amounts at any time paid to third parties’. I found it hard to digest a copy sent in 2009… the Mortgage Conditions 2004 E& Wales in 2009 that calls itself a ‘booklet’ states. Shockingly there was no Terms and conditions contract drawn up to accompany the deed that has ALL THE TERMS signed by both the lender and the Borrower. This clause was never explained to me legally before I signed the deed or I would never have taken the Mortgage Company to court. This important clause and the consequences of what help would be given at any time of arrears was never included as part of the Key Facts to make the borrower aware of exact charges and legal fees would be added.
A power of attorney was also taken from me without my knowledge by my broker who was instructed to act in a legal capacity and went on to verify me and coerced me into signing the deed that day as I attempted to change my mind. I was threatened by him that I would be liable for excessive fees for wasting his time when I was told no lawyers would attend as promised that day, and there was no legal representative of the lenders. MY MIND DID NOT FOLLOW MY SIGNATURE as this is the honest truth. In addition I had come to know the day before that broker was sexually harassing my daughter at the time and I politely told him off that morning shortly before the signing. This broker who allegedly worked as a part time retainer mortgage consultant that ceased to trade in 2009 did not clarify what his role would be and that he could act as a witness to the charging deed and act in a legal capacity to verify me legal etc.
It is unbelievable that law allows a ‘booklet’ to have the same weight that a ‘contract’ should have in financial matters that involves a large amount of money and a person’s right of liberty to live in a home who has been suddenly caught up in an ‘after math’ of a car accident to be evicted and allows the lender to callously benefit from the misfortune of the homeowner, run into ‘short term’arrears. The costs of this eviction case was also added to the principle sum and the court later forbade me to demand this back and also forbade me to rely on the Human Rights Act as the liberty of my family life along with my three kids was breached.
In 2009 despite me requesting disclosure by the Freedom of Information Act they dragged their feet. This prompted me to apply for an Unless order, again this order was dismissed purely on the biased recommendations of the Defendants legal team the same designated company solicitors who continued to drag their feet that all disclosure was given. In 2010 when I was given permission to escalate the case to include conflict of interest all the charges that they refused to accept as liability was offered back in refund and finally despite not accepting the amount and not forewarning the court my mortgage was reduced by an amount of around 4500/-. I then found out that they had secretively charged me two sets of interest rates during the fixed interest period one on paper via Direct Debit and another was added to the principle sum from the moment of inception of this remortgage.
As the case progressed I was horrified by what I had experienced. My paperwork began going missing in court, bundles and applications went missing and I was made a perfect scapegoat for just being a LIP as I was led down the garden path by the Court and the Defense Barrister. The Defense Barrister was greeted by the Circuit Court Judge as, ‘Hi Good morning…miss… it has been a long time…?’ Friendships…between Judges/ solicitors/ Barrister and lenders as I was later warned by two solicitors who are not connected.
Applications made to request the transcripts of hearings also dismissed conveniently as the lenders convinced the Court that it was the brokers fault. I was then coerced into getting the Broker on board the case they knew would complicate the case. I applied for the broker and the company solicitor of the lender to be added to the case. This application went missing in the court. I was blamed for not making it at all despite evidence of an email sent and reference made in an appeal two weeks later. This added 15,000/- in Court costs when all my appeals and applications were denied as having no merit. Every single application made that would benefit my case was thrown out as having no‘merit’.
I complained to every organization, the Information commissioner’s office, and including the OJC to complain about the Judges behavior was a waste of my time. The Personal support unit also was aware of the loss of bundles and applications in court as they were lodged in their presence. As the due process of the Court went through its motions I was accused of wasting Courts time. I was not given the chance to prove what the Judge termed as ‘nonsense’. After the bundle sent to the Broker was returned I had tracked him via Face book and informed him of the case etc. At the time he did not have legal representation so I had no other choice but to inform him directly. He went on to report me to the Police for harassing him and I was taken aside by two Police Officers on the 23rd Jan 2012 and was warned not to make any contact with the broker. I politely told them I had no other choice. The ‘Harassment’ that warranted the waste of time of the two Officers who took the trouble to attend the court to serve me with a warning when I had made contact and left messages for the concerned Police Officer who could have easily come home to serve me with the notice. Unbelievable!
Timely disclosure was not given and my case was deliberately dragged on despite knowing my health conditions and complicated court procedure. The Mortgage lenders and their legal agents perverted the course of Justice condoned by the Judges despite me making the Judges aware. I was ignored mocked, humiliated and my rights to a liberty, fair hearing and audience have been denied. The Judges were rude, aggressive and totally unfair in their verbal treatment towards me I felt verbally attacked by two of the Judges to the point of great distress that brought on serious anxiety attacks on Court premises as I was ridiculed by the Judges who accused me of not knowing the law. My head was placed on the platter for the mortgage company and the legal agents of both the broker and the lender. I believe they were pushing me to lose my temper so they could charge me with disrespecting the Judge. The seriously flawed judgment based on 'personal opinion' took on the biased recommendations of the lenders Barristers who was party to perjury as I was further prevented from applying for my case to be transferred to the High Court. The Judgment found that the ‘joint broker’ who was paid a fee from the lenders and myself, ‘the lenders’ and their ‘company solicitors’ had no duty of care towards me.
I am devastated that there was so much ‘collusion’ first by the broker, the lenders and their designated company solicitors, then by the Judges protecting themselves as I took them all on. Every LIP or a Lay person should be treated with dignity and respect and the court should be a neutral ground for litigation with equality of arms. I found myself in a den of hungry lions eager to rip me apart as the Judges who were there to prevent this stood, watched and mocked. I was set up to lose my case. I was told not to expect pity when all I was doing is answering a question and demanding to know why the Court had allowed them to benefit from evicting me and taking advantage of my illness, and I was told that I was not going to be allowed to benefit from this mortgage by a Judge when I informed the court that the mortgage itself was Void.
Even more shocking is that the Courts are now looking to allow conflict of interest…and have allowed the Mortgage Conditions 2004 England & Wales to be used as an 'instrument that allows serious conflict of interest' in favor of the lender since it was introduced in 2004. Every single loan and mortgage is borne out of conflict of interest as borrowers were sold dodgy PPI’s that would never protect them from the noose of the credit rating sites that has cost the homes and businesses of millions since the last 25 years after the endowment scandal.
Both the Conservatives and Labor each pass the buck to each other, are the two main Political Parties in power since the Second World War, are all implicitly involved as they have allowed the Banks and Mortgage lenders to rip this nation apart by removing all regulations that reigned them in. Home Owners or Mortgagors… DO NOT HAVE ANY RIGHTS AT ALL. This is contradictory to the Property Act of England and Wales 1925 as the Financial institutions hold this nation and Europe at ransom they should be treated as financial criminals and should be prevented from trading elsewhere in the world.
The Court costs of 40,000/- has now been added to my mortgage by the lender without a court order and in addition to the 15,000/- that the lenders company solicitors and the broker is demanding. I have lost my faith in the Courts I am badly shaken, still recuperating after undergoing two operations in August last year as my health conditions drag on. I was unable to make an appeal to the High Court in time as I believed it would be a waste of time and would add more costs. How could I make a request for my case to be heard in High Court when the Circuit Judge clearly stated in his judgment that he felt this case was not a High Court matter and my appeal would be thrown out, and further how could I make an appeal with regards to the excessive costs added to my mortgage when the Mortgage Conditions 2004 E & Wales allows this and the courts have not ordered these costs? I was informed by the Courts that they have not ordered the costs and the lenders are depending upon an agreement? There is no physical written financial contract with my signature other than the booklet mentioned on the deed.
So as I pick up the pieces to my life again I have no regrets that I did. If this is not 'conflict of interest' the definition should be changed in the dictionary. They attempted to take my home when I was too ill to stand against them, they attempted to benefit from my illness, they set me up by perverting the course of Justice and won, and now they have added a large amount to my mortgage! What can I expect from the very people who have been condoned to trade by those in power? As Political parties come and go…one lives in hope that a once Great Nation will find its feet again!
Julie de Souza 1stMarch 2013