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BFCSA
MORTGAGE
DISTRESS SOS

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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: Fight back and occupy your home for as long as possible.

Posted by on in ROYAL COMMISSION URGENT
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Don't let the banks take your home.   Fight back and occupy your home for as long as possible.  Some of our members have been in default for 4 years and are still living free of harassment.  Others have had their mortgages reduced by up to 75% and a few for 100%.  We have also arranged "till death do us part" remedies.  Interest has had to be paid back as compensation.

We are looking into a class action against banks and lenders that engaged in fraudulent loans for a HOMES LOST purpose. We have enough evidence to sink a battle ship.  Its numbers we are after. 

If you have LOST your home already then you also need to join us and be part of the class.  

Australian Banks have been getting away with major fraud for far too long - almost two decades on, and no accountability in SUB PRIME LENDING.  Our Major Banks boast the biggest profits in the world!!!  How did they do that with only 20 million people?  

Easy: they cheated everyone out of their homes - anyone who had a home they owned outright, or with equity and a pulse!!!!  They used Skippy the computer and Speedy the Calculator.

I was told "cheats never prosper...."  It is us, the people, who are too timid to speak out and fight back.  

Yet that is changing because you Mr Banker, decided to steal the average aussie battler's Castle.  You will have to pay every dollar back one day and we hope to see you taken away in a paddy wagon.   People from all over the world are interested in what you are doing ............. This email address is being protected from spambots. You need JavaScript enabled to view it.

 

 

Roll on the Royal Commission into the

Banking and Finance Sector

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  • doyla66
    doyla66 Thursday, 18 July 2013

    Gadens "cut to the chase" ~ attempt to illegally "take-vacant-possession" absent due process, no court Order in hand.

    New Bank$ter bastardy-tactics, crafty Gadens instructed to "take-possession" illegally of home prior to FOS recommendation, no court order exists, my home they wish to steal like horse thieves. So read this dubious Gadens, "not in your lifetime" Mr $2000hr hotshot, you'll need to slip past my Brazilian football team (and Queens Counsel) who moved in the other day, literally speaking.

    Arguable issues:
    ASIC Act s12CB-- "by 'turning a blind eye' to the discrepancies in the application form acted 'unconscionably' within the meaning of s12CB of the Australian Securities and Investments Commission Act 2001 (Cth); with the conclusion that, ...this decision sends a warning to financial service providers to ensure its officers make reasonable enquiries with respect to any apparent inconsistencies in information provided in support of a loan application."

    *NCCP Act-- Schedule 1—National Credit Code, sec. 76(2)(l)---
    "Court may reopen unjust transactions, where,
    (l) whether at the time the contract, mortgage or guarantee was 'entered into or changed', the credit provider knew, or could have ascertained by reasonable inquiry at the time, that the debtor could not pay in accordance with its terms ---or not without substantial hardship."

    *Code of Banking Practice---4. Compliance with laws
    4.1. We will comply with all relevant laws relating to banking services. 4.2. If this Code imposes an obligation on us, in addition to obligations applying under a relevant law, we will also comply with this Code except where doing so would lead to a breach of a law (for example, a privacy law); and specifically s27. Provision of credit--

    "Before we offer, give you or increase an existing, credit facility, we will exercise the care and skill of a diligent and prudent banker in selecting and applying our credit assessment methods and in forming our opinion about your ability to repay the credit facility."

    *AML/CTF Rules, Division 4—Identification procedures etc. sec.32, (1)---
    "A reporting entity must not commence to provide a designated service to a customer if: (b) the reporting entity has not previously carried out the applicable customer identification procedure in respect of the customer." ---which notably, the FSP &/or its checking-officer(broker/agent) did not satisfy re 100pt ID Check Form/ID copy (attachments) = FSP now must close proscribed mortgage accounts, and AUSTRAC, which governs said AML/CTF Act (sec.32 et al) shall be duly notified to enforce such legal requirement pending upon ING Bank (et al).

    Part 7 Public justice offences Division 2 Interference with the administration of justice --s.316. Concealing serious indictable offence (1)---
    " If a person has committed a serious indictable offence and another person who knows or believes that the offence has been committed and that he or she has information which might be of material assistance in securing the apprehension of the offender or the prosecution or conviction of the offender for it fails without reasonable excuse to bring that information to the attention of a member of the Police Force or other appropriate authority, that other person is liable to imprisonment for 2 years. "

    Note: FOS / ING Bank, holds identified prima facie ING Bank (letterhead) fraud certified copy documents, but now it elects to conveniently sit-silence and refuses to return call/s, no emails, zilch, gone off the air entirely...shut down great case manager who was apparently doing her job too well, it appears. --ING Bank corrupted a draft document forwarded by FOS to ING Bank = FOS is up to their necks, in the loop, on this little piece of forgery & utter = FOS silence ~ knowingly concealment of serious indictable offence under Crimes Act s.316(1)

    Ballandean Investments P/L v City Pacific Limited (in liq) [2010] QCA 113; [2011] 2 Qd R 400 (09/11105) Brisb McMurdo P Holmes JA Chesterman JA 18/05/2010 ---Uniform Civil Procedure Rules considered. Rule 290 — Setting aside judgment by default & enforcement = in QLD arguable issues asserted by defendant are now, thanks to Chesterman(2010), destined for trial = "whether a respondent (mortgagor) had an arguable defence justifying the exercise of the Court’s discretion to set aside the (premature) default judgment -- and proceed to trial. I was lucky to have met Justice Chesterman in chambers several times prior to his Supreme Court/subsequent Appeal Court appointment/s.

    ______ _________ ___________

    Copy of Gadens (fwd) email dated Monday, 15 July from a good rental agent to their valued client(me)---

    From: XXXXX [mailto:[email protected]]
    Sent: Monday, 15 July 2013 1:31 PM
    To: XXXX ('rental agent')
    Cc: Rentals; XXXX other Gadens 'lacky'
    Subject: Qld (Property)
    Importance: High

    Dear XXXXX ('rental agent')

    We refer to our detailed voice message left on your voicemail at approximately 12:18pm on Monday, 15 July 2013.

    As advised our client Pioneer Mortgages Limited ACN 095 875 755 [aka ING Bank(Australia) Limited] holds a first registered mortgage over the Property. [but note, no court order] In accordance with our client’s rights under that mortgage it has instructed an agent -- [without appropriate 'registered' court order] -- to take vacant possession of the -- [BFCSA members] -- Property on its (ING Bank's) behalf.

    [note BFCSA members, ---that any purported rights (if any) must be put to a court of competent jurisdiction as trial-able/arguable issues exist & are intended to be tested, hence, must be heard as this is my citizens lawfully constituted right not to be denied 'natural justice' in our land, and in the event the mortgagor repudiates any purported mortgagee's (contractual) rights, otherwise forfeited, -- under the said tainted/fraudulent mortgage papers.]

    cont...
    " Our client has now 'changed the locks' at the -- [BFCSA members] -- Property and is no(sic) in possession. We request that you and your office (as well as any other agent or officer) not take any steps adverse to our client’s interest in respect of the Property or deal with the Property in any way, including but not limited to, making any further attempts to tenant the Property. Under no circumstances has our client consented nor will it consent to the Property being occupied under a tenancy agreement or lease.

    Further, we kindly request that you provide our office with the relevant contact details for your client xxxx so that we may contact him directly in relation to the Property and the matters set out in this email.

    Please acknowledge the contents of this email and provide written confirmation that you will comply with our client’s request that no further action is taken in respect of the Property by 12 midday Tuesday 16 July 2013.

    We await your urgent response.

    Yours faithfully

    | Solicitor | gadens lawyers
    [email protected] | T +61 7 3231 1625 | F +61 7 3229 5850
    Level 11, 111 Eagle Street, Brisbane, QLD, Australia 4000
    sydney melbourne brisbane perth adelaide port moresby singapore

    www.gadens.com.au "

  • doyla66
    doyla66 Thursday, 18 July 2013

    Gadens trying to intimidate agent and put one over the staff?
    I saw similar nonsense from another agent last year. Unfortunately my property manager was advised to leave it alone, for the reputation and sake of her business.
    We both thought the other side must have lost their marbles so they kept ramping up the attacks and threats. I'd never dealt with such low life lawyers before - underbelly all over.
    Welcome to Gold Coast real estate : where bullying and violence are the law!
    May your agent be strongly on your side, Andy, and all the Law support your lawful rights!
    Gadens have been the vicious psychopaths teaching banks to "try it on" for years. They pulled the strings in an effort to destroy me.
    If you get a chance, Andy, please give Gadens a very hard kicking in the shins from me too!
    Knock them flat while thousands of Australians applaud you!

  • doyla66
    doyla66 Friday, 02 August 2013

    Gadens - Pepper Home Loans - no consideration - intimidating

    Having informed Pepper my partner passed away I was told they would not indulge any information on the loan on our home till I received administrator of estate papers. Privacy Laws. I can understand that. Why was it that they then sent a debt collector one Sunday morning asking for my partner because he was in default. A few days later a letter from Gadens asking my deceased partner to pay his default or actions would be taken etc... intimidation ? telling me I have no rights...I'm only a tenant....I have to leave as it will be sold. What legal right do they think they have, loosing someone special and then being told your home, all the memories are going to be taken to. I have rights. They think they can just come and take my home, who knows, they thought my deceased partner might read the letter they sent him and pay up, also added a big fee for doing so.

  • doyla66
    doyla66 Thursday, 29 August 2013

    So sorry to hear that, Kerry. What a bunch of heartless mongrels are Gadens and Pepper, trying to rattle you up a bit more to shake you out and get you to give up. Duress on top of bereavement! They are sinking to even lower levels of socially unacceptable conduct than before. I hope you get to see them publicly disgraced and judged for their appalling sense of right and wrong. These creatures are despicable and beneath our contempt. They deserve to be sued for causing so much unnecessary distress.
    So much for Steven Munchenberg's statement: Banks don't repossess homes.
    Right ... what they do is try to stress borrowers and their families so much that they give up or die in the attempt.
    All power to you Kerry as you establish your rights and get a fair deal.

  • doyla66
    doyla66 Thursday, 18 July 2013

    Gadens must be dragged before an overdue Royal Commission into sub-prime really massive bank$ter scandal:

    Lisa, will do precisely that. I hold lawful-possession & rented prior to Gadens/ING Bank shenanigans, note Gadens wish to be "at arms length" to illegal FSP conduct, when it states ". ..it (being ING Bank) has instructed an agent (ala Gold Coast criminal - who stole a fridge/oven-microwave) to take vacant possession of the Property...".

    Gadens don't want a bar of the ING Bank's unlawful instructions to its "agent" to knowingly commit offences -- ING Bank told FOS that their "agent" assessed the property was "vacant" in jan/feb... (when it was rented, have renting statements as proof of occupancy)... and took "vacant possession" (=magic/imagined, as no date specified by ING) -- FOS Legal Counsel corrupt, do nothing, acquiesce etc (must be seconded from Gadens tainted pool) -- and FOS are really and seriously up to the necks in this allowed corruption against the consumer seeking protection

    . Royal Commission must include FOS/COSL et al
    Refer to.--- New South Wales - Crimes Act 1900 No 40 sec.316(1) aforementioned -- and ASIC, the pretender of consumer protection, don't even observe/administer their own Act ala---- Violet Home Loans Pty Ltd v Schmidt & Anor [2013] VSCA 56 referred to above, re FSP's en masse--- " acted 'unconscionably' within the meaning of s12CB of the Australian Securities and Investments Commission Act 2001 (Cth);" (=ASIC Act affirmed thru Supreme Appeal Court 2013) ---really A-SIC puppy indeed. RC all round we say!!!!

  • doyla66
    doyla66 Thursday, 18 July 2013

    Yes how did the banks make huge profits with on 22 million people PLEASE EXPLAIN !
    How many actually work.
    How many too old or sick to work.
    How many too young to work.
    So in actual fact there aren't too many working at all. We the victims of fraudulent lending would like you
    to explain to the world how you can make such huge profits legally.

  • doyla66
    doyla66 Thursday, 25 July 2013

    7 years then what?

    Hello to all,
    I have a question mortgage coming up to 7 years soon. I have complaints in with COSL and FOS. When the 7 years is up do they still continue to investigate? Tongue in cheek when I use investigate! Senate inquiry here I come!
    Cheers battlers
    G

  • doyla66
    doyla66 Tuesday, 30 July 2013

    Hey All, Don't ever give up the fight for your homes. Believe me it is absolutely devastating and debilitating mentally and physically. It is like losing a member of your family especially if you have been living in you home for many years. The banksters will all get there lot hopefully sooner than later. The lawyers that represent the banks according to what I have read are just like seagulls, you know hanging around scrounging for tid bits. Again from what I have read not very well respected within the legal world. Must say they are an arrogant lot or that is the ones I met in the Supreme Court. Boys playing at being men. All look like they need a decent dose of sunlight. One of the Barristers I copped in court went as red as a beetroot when I challenged him on some point. Looked like he was going to explode. If court hadn't been so serious I would have laughed at him. Best I ever got when attending court was some yobbo standing out in the corridors of the Supreme Court. He came the intimidation act at me. Just staring at me all the time.
    He came into court when our case was up and located himself so that every time I turned to face the Barrister he was in my view.
    Don't know who or why he was there. Suspect, or though I don't know Nab sent him to intimidate me. If that was the case how low can you go Nab. Me an elderly woman on her own. Nice Touch.

  • doyla66
    doyla66 Wednesday, 21 August 2013

    An excellent site, wish to read more

  • doyla66
    doyla66 Saturday, 24 August 2013

    I have recently lost my job due to job cut. I've advised ANZ of my hardship and requested to add my 3 months arrears to the loan or extend the loan which was in the contract. Gadens then evicted my tenants without any court orders. Which set my hardship back further. ( I have had no tenants since March 2013 ) They did not correspond with the bank. I've made complaints to FOS. FOS have sent a letter to the court to stop all court proceeding while they negotiate with ANZ , but Gadens have ignored them too. They would bully and threaten me that I will lose my house if I don't pay ANZ and their legal fees! Their legal fees were more then my 3 months arrears !.
    In the end ANZ sent me an apology letter. Saying Gadens because of their misconduct and misrepresentation of ANZ, that all legal fees are now waived.
    Gadens has caused me a lot of stress and loss of rental income. They are a bunch of bullies. They tried to intimidate me by sending lots of copied documents of the same thing. They used their lawyer's jargon to scare me. They sent lots of bills to make me lose my sleep. They sent me court dates that the court didn't even know about when I called to confirm.
    Losing my job was so stressful. I was down in the dumps after applying for more then 200 jobs online and through job agencies but all I get was sorry ( job has been cut or no longer available).
    Sometimes I would only eat 2 minutes noodles. Because I still have to pay rates, and other bills for the house which Gadens evicted my tenants from.

    Now that my battle is 80% over. I can look back and say ....Gadens and ANZ are shit! There was no communication between their staff and themselves. As it says in their booklet, if they acted within 48 hrs of my request then it would not have turned into shit for any of us. And in the contract there was no clause saying they can remove my tenants ( gadens lied).

    My message to you is to read your contracts. To stand your ground. Don't be intimidated by Gadens or the bank. Put a complaint to FOS.
    I am very thankful to have a very special person that stood by me, believed in me and went to battle with me.
    I wish you all the best. Vest up my friends.
    Regards
    T

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