Hi everyone,
I was badly advised by my bank regarding an investment which turned out to be a scam and I lost a great deal of money and ended up with a large overdraft and a huge mortgage as a result, (as I paid back friends who had also invested) the bank told me they`d checked out the investment and it was sound, and actively encouraged me to run up a large overdraft which when the deal went wrong, (in reality, all they wanted was the considerable funds depositing in their bank and were prepared to do or say whatever they needed to in order to get my agreement to do this and their file notes which I now have, prove this!), they secured on my property via an `all monies charge`, I had no idea what this meant until recently when they are trying to get possession of the whole of my property, (house, land and buildings with permission to convert to residential), I am unable to raise capital due to the fact I cannot afford any further repayments to anyone. I complained to the FOS about my bank and the bank told them that `due to the passage of time`, they didn`t have many of the necessary documents and so the FOS ruled against me, and so the bank started repossession proceedings against myself, I submitted a defence and counter claim, (which was done by my then barrister) and the judge agreed I had a valid defence and that the matter should go to trial. As part of the banks disclosure, I was astounded to receive many of the documents the bank had told the FOS they didn`t have `due to the passage of time`, I therefore complained to the FOS again on December 5th 2014, at the end of December I still hadn`t heard anything from the FOS so telephoned them and they told me they`d sent out an acknowledgement letter on 11th December which I hadn`t received so they e-mailed it to me. As I hadn`t heard any more by 10th January, I rang them again and they told me that I hadn`t sent them my banks `final response` letter, I thought the fact i`d submitted one previously and the fact they were taking me to court was sufficient, but they said no, as I`d added a further two complaints wherein my bank had discussed my personal and private financial situation with two third parties without my permission, that I needed to submit a further `final response` letter, and that I should contact the bank and ask them for a final response letter and also a stay in current proceedings, I wrote to the bank and they replied from one of their representatives in India, calling me a liar basically and saying they didn`t believe my claims and that they were continuing with their repossession proceedings and wouldn`t agree to a stay in proceedings. I sent their letter to the FOS and they have written back saying they have received my letter and it has been put with my file for review and will be dealt with in date order :/ Which really isn`t much help for the repossession hearing for the end of next week! I have been told now that I should complete an N244 form, requesting for a stay in proceedings until the FOS is completed, I spoke to the court and they told me to keep details on the form brief, and therein lies another of my problems as I have been treated so badly by the bank I could waffle on forever, could anyone give me any advice on this situation and how I could word the detail on the N244 form please? The hearing is scheduled for the end of next week and so it now looks like I`m doing everything at the last minute when in reality, it is almost two months since I contacted the FOS, long before I got the trial date, and I just don`t want the judge to think i`m trying to put matters off as I believe I have valid cause for complaint, and also believe I should have the benefit of an FOS investigation before having to spend a fortune to go to court...I no longer have a legal representative as I simply cannot afford one as this whole farce has cost me £200,000 and financially ruined me :tinysmile_cry_t: Please can anyone help or advise me? Thank you
I was badly advised by my bank regarding an investment which turned out to be a scam and I lost a great deal of money and ended up with a large overdraft and a huge mortgage as a result, (as I paid back friends who had also invested) the bank told me they`d checked out the investment and it was sound, and actively encouraged me to run up a large overdraft which when the deal went wrong, (in reality, all they wanted was the considerable funds depositing in their bank and were prepared to do or say whatever they needed to in order to get my agreement to do this and their file notes which I now have, prove this!), they secured on my property via an `all monies charge`, I had no idea what this meant until recently when they are trying to get possession of the whole of my property, (house, land and buildings with permission to convert to residential), I am unable to raise capital due to the fact I cannot afford any further repayments to anyone. I complained to the FOS about my bank and the bank told them that `due to the passage of time`, they didn`t have many of the necessary documents and so the FOS ruled against me, and so the bank started repossession proceedings against myself, I submitted a defence and counter claim, (which was done by my then barrister) and the judge agreed I had a valid defence and that the matter should go to trial. As part of the banks disclosure, I was astounded to receive many of the documents the bank had told the FOS they didn`t have `due to the passage of time`, I therefore complained to the FOS again on December 5th 2014, at the end of December I still hadn`t heard anything from the FOS so telephoned them and they told me they`d sent out an acknowledgement letter on 11th December which I hadn`t received so they e-mailed it to me. As I hadn`t heard any more by 10th January, I rang them again and they told me that I hadn`t sent them my banks `final response` letter, I thought the fact i`d submitted one previously and the fact they were taking me to court was sufficient, but they said no, as I`d added a further two complaints wherein my bank had discussed my personal and private financial situation with two third parties without my permission, that I needed to submit a further `final response` letter, and that I should contact the bank and ask them for a final response letter and also a stay in current proceedings, I wrote to the bank and they replied from one of their representatives in India, calling me a liar basically and saying they didn`t believe my claims and that they were continuing with their repossession proceedings and wouldn`t agree to a stay in proceedings. I sent their letter to the FOS and they have written back saying they have received my letter and it has been put with my file for review and will be dealt with in date order :/ Which really isn`t much help for the repossession hearing for the end of next week! I have been told now that I should complete an N244 form, requesting for a stay in proceedings until the FOS is completed, I spoke to the court and they told me to keep details on the form brief, and therein lies another of my problems as I have been treated so badly by the bank I could waffle on forever, could anyone give me any advice on this situation and how I could word the detail on the N244 form please? The hearing is scheduled for the end of next week and so it now looks like I`m doing everything at the last minute when in reality, it is almost two months since I contacted the FOS, long before I got the trial date, and I just don`t want the judge to think i`m trying to put matters off as I believe I have valid cause for complaint, and also believe I should have the benefit of an FOS investigation before having to spend a fortune to go to court...I no longer have a legal representative as I simply cannot afford one as this whole farce has cost me £200,000 and financially ruined me :tinysmile_cry_t: Please can anyone help or advise me? Thank you
Repossession hearing whilst ongoing FOS complaint is in place, please help?
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