Commonwealth Bank Maladministration with (NAME WITHELD)

I have documented proof of all on this page and I also have a copy of my LAF from the bank.  

This is a letter I emailed to dozens of Senators around Australia. 

Can I please ask you Senator why ASIC, FOS and COSL never investigated my situation when I was in need and why the bank savaged me when I was most vulnerable, why I was made to pay for their own bank managers maladministration and greed, why I am now left on a Disability pension and mentally ill because of the Commonwealth Bank’s rape of my rights, why the Queensland Police are reluctant to investigate the obvious crime and what did I do wrong to deserve this? 

Why do we have all these laws and regulatory bodies if they do nothing to protect the victims? 

Here is my story . . . 

It all began in 2007 when we were happily financed with Westpac with our family home and 2 rentals that we had just completed renovating. We went to look at a unit but were knocked back because Westpac said we were over committed. The real estate lady was not happy as she was not used to losing a sale. She said she would introduce us to someone who would be able to approve it. My wife and I were not that concerned so we declined her offer. We were strongly persuaded to rethink, but again we declined as our mortgage was getting scary. About a week later she showed up at our home with the CBA mobile lending manager who immediately began to seduce us into dealing with the CBA.  

We were regularly visited by this CBA manager and continued to decline his many offers. He told us that we were on a gold mine and that he would put his money where his mouth was to prove it.  

Over the next 4 weeks we found that we were banking with the Commonwealth Bank and all without a signature or our consent. Mail began arriving from the CBA stating that we were now customers of the Commonwealth Bank to our surprise. When we confronted the CBA manager we were told that we had to sign the documents, saying that is was unlawful not to as it was just how they did things. He had several personal assistants working for him and one of them supplied the documents that we were forced to sign. We asked how he was able to approve our loan over Westpac, and he always told us that the property valuations and formulas he used were different and were for bank purposes only, and that he could not provide us with them. 

About 6 months later the market crashed and we then realised we were in trouble. He even gave us $20k to help with repayments, but he did so in the form of a loan so he could get yet another commission. We now had more loans than properties, yet another way he got his money. Instead of one big loan, he set up a different loan for each property. We had 4 properties and 1 personal loan and 5 loans, giving him 5 nice commissions for one person.  

As we were given a loan we could not afford we were now faced with selling our properties to get out of trouble, but everyone was doing the same and properties had dropped by almost half and people were just not buying because of the market. 

The bank immediately began to pressure us when we could not make payments, we applied for hardship which they granted but still made it hard for us. At this time we thought it was our fault we were in trouble financially, we later found out about the maladministration, deceit and the dozen other laws he had broken and that we were totally innocent victims. 

Not long after this in approx early 2010 the Commonwealth Bank manager Graham Lyneham was sacked and he was also gagged by a “Clean up Crew” who were sent up from Melbourne headed by a senior bank executive Mr Morriss Cook. Mr Cook and his group sent about cleaning up the huge mess that Mr Lyneham had made in Townsville and surrounds.  Mr Cook was well aware of the fraud and corruption the banker was committing but chose or was told to cover it up by the CBA. 

We entered negotiations with Mr Cook and we asked for a deal to just walk away without ill feelings and just to move on. We asked for 2 houses to the value of $300k each in clear title, as by now my wife and I were separating due to the huge mounting stress after we both had a nervous breakdown.  

This amount was less than we had equity in the properties but we just wanted it over and the stress to end. The bank denied this and the harder we fought the nastier the Commonwealth Bank got. In April 2011 the bank made us a final ultimatum, to accept $170k or they would bankrupt us and just take our properties. (Our accountant labelled the $170k payment as a bribe and hush money as she could not put it down to a sale or business expense or even a gift, so she used the word bribe in the official tax records) They gave us documents to sign to keep us quiet. We were given 7 days to sign the documents or else. After the 7 days we had not signed the documents but were forced into accepting the offer as we were penniless. We took the unsigned documents into the bank expecting to sign them and have them witnessed by the bank.  

The documents were in the same yellow envelope we received them in, we handed them to a man named Casey Maskil, a bank employee and he handed us the $170k cheque not checking to see the documents first.  

ASIC, FOS and COSL did absolutely nothing all along and refused to even look into our case. 

We tried to get on with life as best we could both renting a property to live in. My mental health declined severely and I found that I could not hold down a job and function day to day like I used to.  

In late 2011 I met others like myself on facebook and other websites. I began to ask more questions and educate myself into banking matters.  

In early 2013, I met and was told by Denise Brailey to ask for my Loan Application Forms, which I did via letters she provided me with. The Commonwealth Bank declined strongly saying that those documents belonged to the bank as we no longer owned the properties. I spoke to CBA executive, a Mr Paul Garth on the Sunshine Coast, who is in charge of sorting the Storm Financial Fraud Scandal. He told me that they could not provide me with the LAF as it would leave the Commonwealth Bank wide open to prosecution. He then fobbed me off to Ms Leanne Newman in Sydney, who is in the CBA “Customer Relations and Experience Department”. I persisted and wrote many more letters and made many more calls until I received a copy of my LAF in the mail. It was a joke as the LAF were all whitened out with all the important bits. I went into the local business banking office and spoke to Ms Christine Brooks who once worked for Mr Lyneham and had also had her silence bought to keep her job by the CBA, to ask her about this joke, she declined to answer and asked me not to make contact with her again. 

Several days later I got a phone call and asked if I wanted a copy of my LAF, I said that I already had them. The lady asked me did I want a real copy unedited, and if so to meet her, which I did.  

I got the real unedited version of my LAF, she told me to make copies of them, speak to a lawyer and take them to the police, and to please forget this meeting. I don’t know who she was but I imagine she works for the bank and overheard my conversation regarding my edited LAF. 

Included in the envelope were the documents from the agreement and they had forged our signatures and witnessed them also, I have since had this witnessed by a JP to state that my wife and I never signed such documents. I have since been told by a lawyer that such an important document would have been required to be witnessed by a JP, and that these documents were a simple means used to intimidate and blackmail the victim. 

There were another few documents that made our LAF look more presentable. 

1.The LAF showed that our properties were overvalued by as much as $350k+ 

2.That our income was $150k per year when we were earning nothing as we were renovating the properties. 

3.It also had us down as having no dependents when he knew we had a son. 

4.He also inserted fictitious cars and exaggerated valuations. 

5.He omitted our large credit card debt with another bank. 

6.He put me down as working for a real estate agent for 5 years and 10 months when I was never employed by her at all.

7.Included is a document that Mr Lyneham even got on this real estate’s letterhead to back up my employment on the LAF. 

My complaint is now with the Queensland Police for Fraud and ASIC have now actually contacted me to reopen the case and asked me for all my proof, which I supplied to them, I was really extremely shocked.  I believe they are feeling the heat from the Senate investigation at this stage. I wrote my submission to the Senate enquiry also, number 124.  

I am now on a Disability Pension for my many mental illnesses as I am unable to work. I also want to take this as far as I can go and get my money back. I am now treated for P.T.S.D, depression and anxiety as well as high blood pressure and have been told by doctors this is permanent and the medication I am now on limits my everyday life. I now live in a small caravan in the back yard of a lovely lady, a friend who took me in when I needed help. I survive on $400 per week and have to consume more medication and alcohol that I would like to simply to try to stay sane so that I may fight on. Everything here can be proven as we have all documents. I estimate we lost between $600k and $800k+ depending on the real property valuations because of Mr Lyneham’s get rich quick scheme at our expense. He now has a multi-million dollar real estate business and 30+ properties in his portfolio. I fully believe that this business was built on the proceeds of crime. 

I believe that my fight with the Commonwealth Bank to keep our properties since 2009 was the cause my irreversible mental illness and a life of sickness and poverty that would have been avoided if we had not been conned and fraudulently treated by the Commonwealth Bank.  

I am seeking personal damages for the way the Commonwealth Bank has treated me and created my permanent disability.  I also am aware of hundreds of others also suffering the same as a result of the bank and their employee’s greedy actions toward us. 

I am happy to cooperate in any way possible to seek justice.   

Thank you kindly, 

Peter S