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BFCSA
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BFCSA investigates fraud involving lenders, spruikers and financial planners worldwide.  Full Doc, Low Doc, No Doc loans, Lines of Credit and Buffer loans appear to be normal profit making financial products, however, these loans are set to implode within seven years.  For the past two decades, Ms Brailey, President of BFCSA (Inc), has been a tireless campaigner, championing the cause of older and low income people around the Globe who have fallen victim to banking and finance scams.  She has found that people of all ages are being targeted by Bankers offering faulty lending products. BFCSA warn that anyone who has signed up for one of these financial products, is in grave danger of losing their home.

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BFCSA: My Story - 7 years of turmoil and agony... no thanks to dodgy BOQ

Posted by on in ROYAL COMMISSION URGENT
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This morning I sit here going through invoices finally provided to me by BOQ.  It is 4 ½ months since eviction and I am still in absolute disarray and do not know where things are at. 

BOQ has up until now not even provided me with a settlement statement for my ‘building dispute’ This house was SOLD in August 2013, nor has the bank told me  how much I SUPPOSEDLY STILL OWE THEM which they are persistently chasing me for.  This is just disgusting when it is hard enough to try and work out where I will be living in a few months’ time.  I can't even afford this temporary accommodation. How can I settle or get my life together or recover mentally? But worse still, it's impossible for me to get on and find peace due to all of this uncertainty.  

BOQ have a LOT TO ANSWER FOR. While never once OPENING THE DOOR  or the decency to discuss the issues to see if there could have been a resolution which I do consider there could have been. 

My Story 

I recently came across an article with an opinion by Annette Bradfield, President Queensland Law Society (QCAT) some time ago of how a person can have a case in QCAT, and may be disadvantaged by the QCAT system.  I can demonstrate this is exactly the case, (plus many other people can too) and not only that, it has been happening for years.  It must be considered criminal what is happening within this system. 

This hopeless system needs Royal Commission into the workings of the QCAT, and compensation given, for the blatant disregard for people’s lives, when people are pushed into a forum which they are told will solve their injustice, only to find that they do more to perpetrate the criminal activities of those that caused them to be there in the first place.

Most of these cases are not publicized, have been totally kept quiet, as people in my situation are silenced by the nature of the circumstances themselves and the fact that one is so “mortally wounded’ you barely get up again. It affects your health, happiness, relationships on every level, and your ability to have faith in the Australian Legal System totally.   This is the reality of what is really happening out there.

In my case through no intention or wanting to, I was forced into CCT/QCAT Tribunal systems by the QBSA who would not, nor have ever, dealt with my defective house from a 2007 -2008 partially built by a shonky builder, who as it turned out had never even completed an apprenticeship, and had dubious qualifications resulting in vicarious gaps in his learning, and the details of which were later released to me “in the public interest” (it was obvious from day one, of the bad building work) but had still been granted a licence by the BSA.

The 7 years’ worth of turmoil and agony, and ‘consummation’ of my once normal life has been very hard to take.  The irreparable damage to my family, relationships, health and the eventual, and still ongoing bank issue with BOQ as a result of this building dispute has subsequently caused, loss of all of my assets, two houses, travelling through bank repossession over the last two years, foreclosure on two houses, eviction from my now home with nowhere to go, loss of the other (building dispute) house, after the bank evicted the tenants, and only to leave it empty for months, creating more of a financial loss to me and which has been added onto my mortgages causing more accruing interest that they still maintain I owe.  And this was after all I had been through to make this house livable and rentable with copious more borrowings, so I could deal with the financial situation ongoing while the Tribunal took its time and contributing to the financial destruction by their delays.

The health issues that ensued of ‘losing my legs’ and not being able to walk for approx. 2 years, having firstly two surgeries, then having a heart attack and heart surgery as well, in the middle of it all somewhere, with more medical issues still pending, not to mention the immeasurable stress and health issues which I have had daily for 7 years now and ongoing, as the bank still chases me for further debt they consider owed, now that they have WASTED all of my equity and the caused the further loss of rent, in the process of their downright criminal acts relating to foreclosure instead of working with me to re-finance me and help me survive which I well could have, is something I will never recover from.  I now face retirement with NOTHING, instead of the nest egg I had built as my retirement fund, my super, all of which was in my two houses, and by lots of hard work over many years, and mostly I feel like there is now no purpose to life.

The case and the people within CCT, QCAT, and Supreme Court and Court of Appeal who were making the Decisions got so confused as the story got larger and larger because of inaction and the years passing by and not much of their understanding was an understanding of the FACTS.  I have documents in my possession which incriminate Members, Judges and Govt Ministers. There were numerous delays obviously between the 58 directions hearings - the longevity, and lack of any sort of proper management of this case from the beginning in all jurisdictions was just appalling. There were spin off cases, with the construction of the pool stalled, the fighting that happened between the pool builder and the house builder was in fact what started it all….. and also a case in the rental side of QCAT, as the then tenants on completion of the house by me, took umbrage at being affected and having their lives interrupted by MY problem, while QCAT ordered several elongated building inspections which QCAT thought was all quite OK.  The fact that there is supposed to be an avenue to apply to the court for a judicial Decision to re-negotiate the mortgage to accommodate new circumstances according to FOS, something which was again and again totally ignored when I requested it, in favor of allowing the bank to ‘have their money as they were entitled to it” when there was a much better way which would have benefitted everyone.

So, I lost again – I cannot even fathom, following what can only be termed as GROSS mistakes and incompetence by QCAT staff and temp staff causing further damage to my case.  There were complaints laid with ASIC, ACCC, LSC, QLS, OFT, AFP, numerous Ministers, Qld Ombudsman, Financial Ombudsman Service (FOS) The Premiers (x2), and many more.  All opened a file, and closed it again stating “not our jurisdiction”, “nothing we can do,” “write to this person, write to that person, lodge this complaint with…..?”…… “we can take a complaint but we can’t rule……..” “no authority”… I wonder why these depts exist if they can’t act on a complaint.

 I just wonder how incompetent each of these Government bodies can be when all the way through this case they were warned of the likely consequences (re-possession pending) if their unconscionable delays continued. 

The builder however, continues to trade and build with a new license granted by the BSA, (I suspect he has converted this license to another company in another state?) while I get to lose everything, my home, my business, my income, my superannuation, my family, my health, my life, my future, but most of all my faith in Australia as a great place to live, and ‘the lucky country????’, well, I would rather live in ANY country in the world other than Australia now with laws the way they are.

So I ask, what is the government going to do about compensation for me, and others like me, due to this total incompetence and corruption through no fault of my own?.  Well it seems nothing.  This is a total fraud of a govt scheme, the Home Warranty Scheme of which we paid premiums and should have been covered.  It is also a total fraud of the cover ups that have happened within govts, ministers’ offices, letters written, of which we have numerous evidences of these FRAUDS…….We need to meet with someone to present these but guess what, no-one will meet with us.  We have been lobbying in this regard for around 3-4 years.

It takes two to mediate and all QCAT was interested in was MY giving in to the builder and wanting me to take the fall that was obvious.  Others I know stated the same thing with their cases.  Not ONE of us won any of our cases in QCAT or subsequent courts. Personally they all thought it was perfectly OK for my builder to offer to opt out of his obligations under both the Contract itself and the DBC Act, leaving me financially decimated as a result with a house, needing demolishing and for the builder to just step away.  I even had costs of around $204K awarded against me in QCAT on the loss of my case, because the builder was represented by a ‘team of ten’ and then claimed all those flamboyant costs against me.  

I could of course no longer sustain the mortgages for a house I had to spend in excess of $170K and 3 more mortgages (monies also lent by BOQ that should not have been….) and because all other avenues for justice let me down I WAS really counting on a sensible QCAT Decision and financial compensation for a case I believed I would win.  

The final Decision by QCAT was that I was ordered to pay the builders’ costs, of approx. $204,000, I LOST but he is ORDERED TO FIX THE HOUSE?  He was ordered to fix some 28 items out of 170 under the guidance of the BSA.  He did nothing, so the house was never fixed.  No attempts from the BSA to sort the outcome out with me either.

The builder then claimed the bank guarantee that was being held for 6 years at cost to me at around $750 setup + $750 x 6 monthly, for the YEARS that this dispute dragged on.  I was the one who finished the house. There were no final certificates ever produced or obtained.

The final payment should never have been due as he did not meet the Contract (the builder broke every clause of the Contract with gross breaches) and in fact BOQ wrote a letter to this effect stating clearly the requirements for releasing the final payment.

So then, after some time, when it was clear I was in difficulty and the grossly unjust Decision was reached,  BOQ would not allow me to re-finance my mortgages, even though I had ‘qualified’ 18 months earlier under NO DOC conditions, for several more mortgages and in fact another release of $150K equity. (All while I had next to no income or no income and sometimes only Centrelink income due to my health issues.)

Before mention of foreclosure I was meeting mortgage payments, I just could not pay the arrears (originally around $32K) accrued after that sickness and I believe it was entirely unreasonable to demand these arrears upfront at the end of that period of hardship by BOQ

I have been in foreclosure process since April 2012 when HWL Ebsworth Lawyers representing BOQ started their vicious campaign and obtained a Default Judgment against me without my knowledge, and by deception, did not serve me the papers, but swore in Affidavits that they did, and the Supreme Court and Court of Appeal  eventually allowing  them a Repossession Order, after several more court hearings, of which I lost every one, due to mostly being unrepresented. 

During the process of trying to defend myself and doing all of my own documents which were largely never read, and not being allowed to speak in court because the Respondent lawyers were allowed to ’run the case’, I was treated with contempt.  I sought legal advice at great expense that I could not even sustain, and which went (and is still on) on my credit cards, and although lawyers would obtain monies from me for that advice, they would not take my case on and represent me.  I had to wander from lawyer to lawyer which even in the last few weeks of my occupation of my house I tried desperately to get help.  That cost me over $35K around that time, and would have gone a fair way towards paying out the arrears which by then had escalated. And all the while I had the Court judges telling me YOU NEED A LAWYER.  I asked how I was supposed to get one when I could not pay and had already tried every avenue.  I later discovered that Qld is the only state in Australia that has no PRO BONO system provided by the court and that in other states one can apply to the court for them to appoint a lawyer.  I also discovered that if I had murdered someone or if I was in jail, or a criminal or I would get legal assistance and barrister representation. It made me feel like committing a crime.

I proved to the Court of Appeal that I had not been served, by two letters produced from Australia Post and HWL Ebsworth mail service.  The judges still sided with the bank and their lawyers. 

THEN more fun started.  While I was in the process of trying to appeal, the BOQ hounded me. They wanted me out, but no-one in authority would speak to me to discuss alternative options.  I was in the middle of major stress and having heart surgery. In the middle of all this I also took on a part-time job, hoping it would help.  (AT A BANK would you believe!)

BOQ gave me several dates to vacate my home.  I did not see how I could, I was just NUMB.  BOQ did not accept that I was now an employee either, with an income.  I would have qualified under their dubious guide lines . 

I had nowhere to go, no direction, and I was unwell. I could not deal with this whole situation either physically or mentally myself. I was in all of this time, marketing the house, changing agents when I found agent after agent was unhelpful and could not even bring me one buyer at ANY price - having open houses every Saturday.  A huge strain it itself.  When the final crunch did come, THE BANK WAS GOING TO EMPTY MY POSSESSIONS ONTO the street in TWO DAYS.  The agent who was selling the house recommended that he put it to the bank that I would consider to sign the contract with one buyer to buy me more time to move out which seemed my only option.   The BOQ said only if a CASH contract, one month settlement. I agreed to this, but felt totally coerced by the bank into signing under duress in accepting the low offer and was by this time not even mentally capable.   

BOQ then allowed 5 weeks to move until settlement date.  Only on the very last day, did I have an address to go to.  BOQ had agreed to meet my removal costs but insisted I had to use THEIR chosen removal company (an unknown obscure removalist ) to move me to the Sunshine Coast 4 hours away. Unfortunately, I got Mr Dodgy brothers.  This company left me in an unbelievable disarray.. I could not cope with this in itself. I lost my job.  I am used to being a reliable employee.  I was then treated badly by BOQ as my life fell apart. 

The videos I possess of the move were taken after the first clean up after the move.. and it was still a mess!. The cost of this removal was an astounding $13,320 which BOQ then tacked onto my mortgages account / equity after stating earlier they would meet removal expenses.  (That was just to get me out… I know that now) They also left my house in an unbelievable mess as the removalists were apparently also hired to clean the house,  but failed to, so the first settlement date on the house was aborted.  This sale nearly fell apart. 

BOQ have made my life a total mess, for YEARS now.  I was forced out of my home in September 2013, in a process that my health issues could not take, and BOQ were aware of all this beforehand, as there were several medical certificates presented over time.  I believe all of their actions were entirely intentional. There was not one ounce of compassion for the fact I could not handle this without some understanding and planning.  The removalists that BOQ arranged did a ‘dump and run’ of all my boxes,  with total disregard, packing in the boxes being so undesirable,  my precious and treasured things broken, goods outside the house left in the rain, I couldn't find my summer clothes, and mess everywhere. To date I am still missing basic items required for my everyday life.  I have in fact three boxes from OTHER people’s removal! 

And I am still in disarray.  I cannot lift anything so cannot make it better. I have not only been disadvantaged right from the beginning by the fact that there is NO HELP for people in my situation, no-one particularly cares, no-one wants to know.  Again and again I paid lawyers (even Pro Bono Lawyers wanted payment) $10,000, $8,000, $10,000, $5000, $25,000 believing I was going to be represented, only to find they only wanted to read documents and then come up with excuses as to why it all stops there.

Now, this morning, Financial Ombudsman Service (FOS), my only hope for minor justice, is supposed to be deciding on 2 points only, has again come up with every excuse why my case needs to be “in the court system” The only action left in the court system is the appeal of the dismissal of the Default Judgment.  That did not stop FOS making their Decision to close my file, because of this court case still being ‘on foot.’  What a joke they are.  Even if they had helped in the initial stages of my trying to re-finance with BOQ, which was entirely feasible over my portfolio, and not fobbed off my complaint to the court system where I got no-where, things would not be where they are now.  With several comparative houses renting for more than what I need to meet my mortgages, and my request to allow time to get tenants and not be foreclosed on, was just refused by BOQ.. 

The govt does not want to know about us.  Everyone we have written to, the answers are the same.  All of our Submissions to different committees– same.  "we can’t interfere with the judicial system". (or the Minister’s portfolio or the like).  You see, firstly it was, bushfires, then floods, then the aftermath, then GFC, then economy, and now again floods, bushfires etc.  There is always some natural disaster to take attention away from this.  The builders and the banks run the economy. The banks are a law unto themselves. Govt doesn’t want them to have adverse publicity.  I found that really, people are so unprotected here, they just should NEVER consider building a house in QLD. 

Today I found this excerpt on an old Australian newspaper page. “Banks tell the ABA that the repayment record on low-doc loans written by banks remains good. Of course, it goes without saying that it doesn’t make business sense to provide a loan to a customer who cannot afford to repay. Unfortunately though, circumstances such as unemployment, ill health (or building disputes…….) or relationship breakdown can jeopardise a customer’s ability to repay a loan. Under the then existing law, if it is established that a loan was made and a consumer could not comply with the terms without substantial hardship the contract could be reopened and adjusted by a court or tribunal. That law has been there since 1996 and banks have staff which can assist customers who are experiencing financial hardship.”

There MUST be changes to this system and there MUST be some way I can get someone to help, a pro bono solicitor, a kind barrister who wants to set a precedent, to examine my whole case and correct the many anomalies and injustices, and there MUST be compensation from Government. 

Something has to break without it being the people.  

Name withheld 

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Comments

  • doyla66
    doyla66 Wednesday, 29 January 2014

    The banks aren't there to help you, they are out to get every drop of blood out of your poor body.

  • doyla66
    doyla66 Wednesday, 29 January 2014

    Thankyou for sharing your story. How difficult it must have been to sit and write all that you did in the disadvantaged mental and physical state you are obviously in, due to so much cruelty put on you from all directions.
    Disgrace disgrace disgrace on our stupid stupid Government.
    ROYAL COMMISSION NEEDED URGENTLY. POLITICIANS, YOU CANNOT ALLOW HUMAN BEINGS TO BE TREATED IN THIS RUTHLESS MANNER ANY LONGER. THIS IS SEVERE BRUTALITY AND HAS TO STOP.
    SHAME ON YOU ALL FOR TURNING A BLIND EYE AND HAVING THE "I'M OK JACK TOO BAD ABOUT YOU" ATTITUDE.

  • doyla66
    doyla66 Wednesday, 29 January 2014

    Afraid I am finding it difficult to absorb all I am now reading for it's so way over the top they all need to be hung drawn and quartered for what they have done to people. And BOQ had the audacity to send me recently a new debit card for an account which once had my emergency fund account (thanks to ANZ completely decimated) adorned with hearts stating it's possible to love a bank? Hello!!! Dont tell me they have switched the meaning of 2 more words in the English Dictionary and love now = hate and vice versa!

  • doyla66
    doyla66 Wednesday, 29 January 2014

    gfs246

    I am so sad reading your story, like all the others but yours in particular is heart wrenching.
    this is an utter utter disgrace!!! WTF
    something must be done.
    there are thousands of us & thousands more.
    please god help this situation!!!!
    If any of you people at FOS, the senetors, any one in the LAW industry, the CEOS.....if your are reading this.......
    HAVE A HEART....GROW SOME BALLS
    change this system that is CLEARLY NOT working.
    we need help & there is one woman on a MISSION who can not do this on her own....
    although to this day, she is...........
    PLEASE CAN SOMEONE HELP THIS CAUSE.
    ITS A DISGRACE
    ITS ABSOLUTE BULLSHIT WHAT WE ARE GOING THROUGH.
    I can rant & rave for hours but what will be the out come. Just me getting ill over it all.....
    we are just normal AUSSIES trying to bring some justice in to this country.
    look around at what is happening
    I am ashamed to live in this country.
    GFS

  • doyla66
    doyla66 Thursday, 30 January 2014

    Guess I must be doing too much snooping for this is the second day I have been finding it difficult to even submit a comment but will try again for persistence is one virtue I most definitely possess! Just keep on hammering GFs for some of them must have a conscience and know what is in store if they don't get themselves off to confession in time. Not a fate I would let myself be tempted into with personally!

  • doyla66
    doyla66 Thursday, 30 January 2014

    Lets see if any politician besides Senator Williams has the balls to break ranks and talk to representitives from BFCSA when we go to Canberra for the Senate hearings. Its easy to dismiss and not answer emails, letters and phone calls but when a group is on your door step waving copies of fraudulant bankster LAF's over their heads with the media watching, its bound to stir things up. I suppose it would only be some poor junior staffer steering people to a back office where they take your information and usher you out the back door away from the media's gaze.But NO, if I'm going all the way to Canberra I want my voice to be heard and if not I'm prepared to go to the War Memorial and hand back my medals because if this government doesn't listen to us.I emailed the Right Hon Ronaldson, Minister for vets telling how alot of vets are victims of bankster fraud, got a reply " not covered by vets affairs" ,well this is not the country I served for. We have been stripped of all our principles and value's all in the name of greed and personal gain for a select few. The old diggers would be rolling over in their graves to see what this country has become.All the politicians and their hangers on are going to bath in the glory of all who went before us this year when we celebrate the centenary of the First World War. Our generous government is going to give free travel to Gallipoli next year to all First World War, war widows, think about it if their husbands were alive now they would be 120 years old, how many qualify for this generous offer? I'm just so sick of being told how by both parties how they in turn saved us from the GFC, soon as one states an achievment the other dismisses it and counter claims. There is just so much legislation being pushed through quietly. The destruction of original wet ink copies of contracts, the allowing the U.S. Treasury and IRS acces to all Australian bank accounts from 12/03/14. Everything is done on the quiet these days and this new Coaliion government is very quiet on whats going on. I have not and will not give up hope, certain media outlets are controlled by powerful people and are not keen to broadcast our plight, some who previously aired against the banksters are now taking advice from Kell and blaming the brokers. Many battles are lost during the course of a long war but we are slowing starting to win and once the armistice is signed then the war crimes can commence and the despots and their followers can be called to account and answer for their crimes at the Tribunal. If by chance they escape justice in this life there is always a higher power they have to answer to, although even the devil would have standards and not associate with the banksters and their lawyers once they were despatched to him. NT

  • doyla66
    doyla66 Thursday, 30 January 2014

    Doubtless what they intend to do for those aged 120+ knowing none are around to say thank you is to then steal it as they did last year from idle bank accounts, unclaimed superannuation and insurance policies (remember how Barnaby who very soon did a disappearing act tried to warn us)? To add to how sicko the Government has become (probably due to too much legal dope smoking going on the ACT and another part of the gameplan to adle their senses) I have only just read another article re how they plan to give every newly married couple a bonus of $200 to help with counselling fees for down the track when they experience problems! AND another article where it is said that 1/3 of all people on health disability pensions are on anti-depressants yet they still fail to figure out why people end up with such problems in the first place and that they themselves (the Government) do nothing more than happily subsidse the cost of them to further keep people well dumbed down and helpless!

  • doyla66
    doyla66 Thursday, 30 January 2014

    The latest saving from P.M. Tony Abbott, the army personel who remain behind in Kandahah, Afganistan will be stripped of a $!9,000 allowance, I assume this is combat pay and Mr Abbott in his wisdom no longer deems Afganistan a dangerous place. In that case may I suggest he load all of parliament on to coaches on one of those fact finding missions, pollies are fond of those and travel around Afganistan because it is no longer dangerous according to Tony. This was announced the day after Peter Cosgroves appointment to G.G. nice timing Tony.

  • doyla66
    doyla66 Thursday, 30 January 2014

    I assume mission accomplished means Afghanistan now has a central bank

  • doyla66
    doyla66 Thursday, 30 January 2014

    Brokers news - just had brokers recently on line, (a few days ago) saying how dodgy BOQ still are. !!! That itself speaks volumes..

  • doyla66
    doyla66 Thursday, 30 January 2014

    That ASIC vs BOQ court case verdict should be due any day now! (re : Storm Financial case) Macquarie settled. I am looking out for that announcement. BOQ also still has the class action lawsuit with Levitt still in progress. Since the insurance company is not footing the bill for BOQ- like to know who is...?.. Shareholder???

  • doyla66
    doyla66 Thursday, 30 January 2014

    BOQ and Stuart Grimshaw must be so proud of BOQ North Ward since they were apart of the main instigators in bringing in the NCCP reforms...What an achievement!! They are so proud of them - they still let them operate and continue to work for BOQ.

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