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BFCSA: NSW Gadens directly guiding all members of the Broker Chain

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Get ready for some classic statements in this email

From Gadens Lawyers (see Hall Of Shame) .  Here's one to get you started:

 "Moreover, the court held that "provided the formalities were observed... the lender was.... indifferent to the underlying factual situation".  

You can't miss it !  Enjoy!

~~~~~

From:  Gadens Lawyers E-Update [This email address is being protected from spambots. You need JavaScript enabled to view it.]  OCT 2006

 

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  • doyla66
    doyla66 Wednesday, 05 December 2012

    Oh Denise, You are brilliant!

    The truth will always 'out'! And now we know that Gadens has been instrumental in guiding the whole the great Australian Mortgage Scandal process, toward the inevitable 'fiscal cliff'. I can't tell you how I felt when I read this email, Denise! We ALL know the truth and thank goodness (get the pun, banksters?) it is no longer hidden. This scandal has been planned, orchestrated and played out by the criminal bankers and lenders, the complicit regulators, the greedy insurance companies and ineffectual politicians, but that does not mean this diabolical plan can or will succeed. Denise has the evidence to bring all the 'perps' to justice, and it is there for all to see in this one simple email. Thank you Mr Denovan :-)

    The funny thing is, will ancillary players, like Gadens and other circling vultures, stick around for very long when they realise that they have also been taken for a ride!

    I mean, the people who run companies like Gadens are now chasing more and more defaults that are a based on dodgy loans, that were deliberately falsified and promoted as standard practise, resulting in a charge of unconscionable conduct in the courts.

    Wakey Wakey!! Every time the banks sell off mortgage debt to a debt collector i.e. lawyer et al, they are being sold unrecoverable debt. Ha ha ha!!! Talk about karma!! I wonder how many of these collection agencies (which includes a lot of lawyers are these days), will continue to do business with the banks and lenders when they wake up to the fact they are being sold dodgy debt too!! Ha HA HA again!

  • doyla66
    doyla66 Wednesday, 05 December 2012

    Stop the Madness, with your brilliance, Denise's good form, and the wit and brain of all our Members, Gadens Lawyers will be known forever and collectively as the legal clowns that tried so hard and failed dismally...move on to the situation where they end up at the bottom of the legal crap pile with no customers that will ever want to be near them. THE LEGAL CRAP CREW!

  • doyla66
    doyla66 Wednesday, 05 December 2012

    FOS & ING/PIONEER('dummy trustee') & TO OUR FRIENDS @ GADENS

    Re Gadens & FOS, --is it not the case that FOS terms of reference are there to protect the Applicant from crooked bank$ters, Gadens et al, from commencing court action, or so you purport.

    I believe it's appropriate to remind you that you must also fully enforce FOS rules in an impartial manner at all material times, for instance Mr Ombudsman clause 13.1 a) (i) which clearly states; --where an Applicant lodges a Dispute with FOS, the Financial Services Provider:

    (i) " must not instigate legal proceedings against the Applicant or any Other Affected Party relating to any aspect of the subject matter of the Dispute; --while FOS is dealing with the Dispute."

    I note Gadens/ING wilfully breached this clause(2011) in order to obtain an "unjust change" to my loan agreement, a change facilitated by FOS without proper remedy to such wilful breach to appropriately avoid any illegitimate duress during the FOS "resolution telephone conference" thru which an interim agreement was reached and prior to any knowledge of ING Bank fraud committed upon it's customer.

    After perusing the FOS letter received today from FOS counsel, I'm curious as to your full observance & enforcement of clause 13.1, as your letter states, quote--

    "although FOS is not able to prevent ING from taking steps to obtain possession (defraud/steal) and sell the Miami property, FOS can still consider the claims in relation to provision of the loan in 2008 and whether there was 'maladministration in lending'.

    How polite, however, subject to a proper review as already requested & not responded to, regarding ING's wilful breach of ironically 13.1 in 2011, which otherwise you have deliberately ignored & in doing so, condone such FSP gross misconduct against the Applicant & FOS alike.

    So, --I intend to take this over your corrupt counsels head to you Mr Ombudsman; perhaps the media and police to report all the crooked parties, including (but not limited to) your bank officer 'Corrie' who obviously applied white-out amongst other illegal acts to the 'tainted' broker FAXED LAF.

  • doyla66
    doyla66 Thursday, 06 December 2012

    Andy, give me a call. I can put you onto the AFP & CIB that WILL investigate your complaint of FRAUD against the bank. The CRIMINAL INVESTIGATIONS BRANCH are now investigating the bank and the broker for FRAUD.

  • doyla66
    doyla66 Thursday, 06 December 2012

    Thanks Wayne, appreciated...looks like it's the time.. denise has my consent to pass on my email...or perhaps please pass on your no. thru denise...maybe not wise thru blog, I'm GC also!
    ...trying to stay on top of these thieving bastards, Gadens/ING have a dubious FOS in-counsel, who is presenting a "sham", by inferring my previous FOS "hardship" dispute was filed against ING when in fact it was filed against the trustee Pioneer Mortgages Limited..attaching FOS letter of conformation, puts it beyond any doubt..they'll try anything these bastards...including what amounts to FOS "extortion", nothing less.

    Why? ...So they can "pretend" ING were the subject of a previous FOS Dispute which "settled" and now tacitly purport but "not declare" to rely on FOS clause 13.2 which states re FOS-- "Settled proceedings"

    "--Where a Dispute has been lodged with FOS and is subsequently resolved by agreement between the parties, the Financial Services Provider will not instigate or continue legal proceedings 'to the extent that those proceedings are inconsistent with that agreement'."

    But ING are the current FOS Dispute Respondent, and clearly not Pioneer, so are absolutely bound by above clause 13.1(above) and have no recourse to 13.2 whatsoever...and previously wilfully breached 13.1 improperly "over-reaching" into the (former) Pioneer FOS Dispute & commencing court proceedings (on behalf of Pioneer) on 5 July, 2011 and after the FOS file was "opened" on 20 June, 2011 & --when asked directly "in writing" by FOS on 22 July 2011,
    which enquired of Pioneer...

    "I have asked Pioneer to provide me with information about "any current" legal proceedings so that we can assess whether we are able to consider your dispute"

    Suffice to say, either Pioneer --[thru ING representatives],blatantly lied to FOS in the deliberate pursuit of maintaining the leverages of those "improper" legal proceedings or didn't respond at all, ---because it only came to my FOS's attention during a FOS conference call, after I gleaned some info out of them re "costs" to date.. and the inappropriate "discontinuance" then formed part of the resolution under "illegitimate duress", ---whereby, I withdraw FOS complaint against Pioneer and Pioneer discontinues proceedings...gun at my head stuff.. & prior to discovery of rampant fraud...now the subject of "fresh" ING FOS complaint filed ^Feb, 2012..I want comment on what transpired after the FOS "conciliation conference" on an open forum, suffice to say, ING must not instigate any further legal action whilst the matter is to be FOS determined..

    You we're are dealing with low life scum here who will pervert every post at every corner, unless you put the hand up in their greedy treacherous faces..

    They want to shut me down, it appears? but more noise way to go, I'm sure...drafted nice letter to Ombudsman{above pay grade of counsel), pleasant and all...respectfully your Mr XXX has clearly erred etc...

    FOS opened a file under Pioneer, but it now suits them to assert it was settled with ING, so they can "pretend" ING can access clause 13.2 (they don't mention 13.2 of course, but that is there position...it's all a sham by FOS counsel...

    In effect, the way counsel has set me up --if I choose to defend any court action lawfully, FOS will then close my current file opened under ING "maladministration of lending"(fraud)and..if I lose a court action..I will be "locked out" of seeking some redress thru an FOS complaint that cannot then be "re-opened", don't you enjoy their handy work ...NO FOS compensation & ING are not made to account thru FOS re their crimes to humanity , downsized to "maladministration in lending"...it's called sham & extortion.

    5.2 Discretion to exclude Disputes
    FOS may refuse to consider, or continue to consider, a Dispute, if FOS considers this course of action appropriate, for example, because:

    a) "there is a more appropriate place to deal with the Dispute, such as a court."

  • doyla66
    doyla66 Thursday, 06 December 2012

    Stunning revelation -- what more can we say?

    Gadens shown up to be exactly what they are -- lower than the snake's belly! In the process they have shown up the rest of the legal systems weaknesses too. Rather unclever.

    Taxpayer funded AAA RMBS? Rated by who to be AAA? Ah ha! The federal government of Australia has invested in & helped their cronies profit from fraud. Stunning!

  • doyla66
    doyla66 Friday, 07 December 2012

    Denise, thank you so much. I was wondering, do you know what level of expertise/experience must the EDR Case Manager have to enable them to help us mediate in these very serious matters against our formidable opponents (Banksters).

    To date, the Letters we have received from our Case manager (and she is the second case manager newly assigned to us) appear to follow a generic template. Nothing helpful at all. We just hope our dispute is not being handled/mediated by a lackey. How can we be sure?

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