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Supreme Court Unrepresented

Posted by on in Corrupt Regulators
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When the FOS finally respond after we vehemently rejected their initial "findings" and assuming their second attempt is no better than the first - we would expect the next step to be the bank starting repossession action. No repayments have been made for three years and the bank has not once demanded payment or threatened recovery.  We take this as a demonstration of the strength of our case.  We have also read that banks that know they are in the wrong sometimes never start recovery - the dodgy loan just sits there increasing with this interest.

If this happens, we will be forced into starting action against the bank ourselves to bring the matter to a head.

Distrusting solicitors almost as much as banks, would be unrepresented in this application to the Court.

Our question is, when the Supreme Court Judge is presented with documented indisputable evidence of fraud by the lender, how could it be possible to ignore that evidence in such a public arena? How would it be possible for the Court to find in favour of the fraudulent lender faced with factual documented evidence of fraud? How would they justify it?

What if the media could be present?

With the so called regulators being useless/corrupt it seems we only have the Courts to fall back on.

Have found solicitors try to wriggle out of taking on the banks by trying to scare the borrower into believing they will be up for the costs if the case isn't successful. Even if the outcome wasn't entirely to the satisfaction of the applicant borrower, surely it is highly unlikely that a borrower would be forced to pay the banks legal fees if the case was not vexatious and had obvious merit?

Has anyone else instigated an unrepresented case in the Supreme Court, against a bank and as the Plaintiff not the Defendant? 

Overly optimistic :-)



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  • doyla66
    doyla66 Tuesday, 26 March 2013

    The worry is to get thrown out on procedural issues.
    We need BFCSA lawyers, pro bono lawyers to steer this.
    There are many decent lawyers out there who are also sick of the corruption.
    Get together, become experts in this field, offer your services, lots of work to come.

  • doyla66
    doyla66 Wednesday, 27 March 2013

    True! You could never pre prepare for every procedural situation. Where are all the honest pro-bono lawyers? I would give very generously to any pro-bono lawyer willing to present my case and bring it to a reasonable conclusion - just cant afford to pay upfront or commit without a win!

  • doyla66
    doyla66 Tuesday, 26 March 2013

    An afterthought to my earlier a case where the lender knows they are in the wrong could a borrower induce a tactical advantage by going on the attack against the bank instead of the defence, and without solicitors to protect the lender from the cold hard facts. Is it plausible that some Unrepresented parties (the great unwashed in the eyes of legal people) deliver a more direct presentation of facts? and if the case is presented well enough, possibly even capture the interest of the Judge if only as a welcomed distraction from Solicitor drivel and because of the "balls" it would take to challenge the bank as the hurt party instead of the victim?

  • doyla66
    doyla66 Wednesday, 27 March 2013

    Hi Dawn,

    Sorry cant offer you any advice at this stage as our case is still at the very early stages awating for a FOS case manager to be assigned,its been already about 3-4 months since its gone into the recommendation stage, so we are waiting paitently....But we have put fwd to the banks in the meantime very reduced repayments. 2 of the banks were not at all happy about it, Westpac still denying maladministration even though we've provided them with overwhelming evidence but have accepted our reduced payments howevers want us to back pay for the months we have already missed - pffft bugger off is what we say - its a line of credit which requires no formal payments anyway but if they even bothered to take notice of our claims & loan product they would already know that but obvviously not. Our other lender - Bankwest - want us to make at least interest only payments - we say also get lost they are not gonna corner us or bully us because if they did not tamper with or manipulate with our loan papers to suit the purpose of the loan approval we wouldnt be in this situation, so they also get what we can now afford. And our 3rd lender - ANZ -surprisingly have not caused us any grief with our offer of reduced payments infact they accepted it with no question - like you said maybe they know they are in the wrong & therefore do not want to cause much upheaval....Anyway in the meantime we are standing tall & confident that it will only be a matter of time before the truth prevails & justice is served.

    Can i offer some other advice though? We need to name & shame our banks that have screwed us over whenever we are commenting or blogging. So which lender are you with?

    Gina B. - Victim to Westpac, ANZ & Bankwest Loan Application Tampering & Unscrupulous Behavior

  • doyla66
    doyla66 Wednesday, 27 March 2013

    Hi Gina - you poor thing dealing with three banks. Our lender is NAB no surprises there! The FOS took a year to assign our case and then we had to submit a medical certificate to expedite due to stress etc. They will push it up the ladder if you do this. Will keep everyone updated as to progress! I agree totally about sticking together to name and shame! We WILL win - I am confident! Dawn - NAB

  • doyla66
    doyla66 Wednesday, 27 March 2013

    Hi Gina I'm in the same boat as you 3 lenders all in the hands of FOS early stages awaiting a case manager
    to be appointed..Maladministration (bank fraud) Adelaide Bank, Westpac and Firstmac. The rents from the investment properties are now going into my bank account for the time being anyway, I have bills to pay and they have
    taken everything else of mine (all my assets went into paying shortfall) I wish I had heard of BFCSA before
    I sold off everything they even got my super. They were harassing me non stop until FOS. now I'm thinking a lot like you, If they checked my income they would not have lent me anything. Broker insisted banks would lend me on my equity. What she failed to tell me was that she exaggerated the value of the investment properties as well as my income. BUT what I don't get is if I earned between $225.000 to over $400.000 as stated on my LAFS why the hell did I need line of credits..CAN THE BANK PLEASE EXPLAIN THIS TO ME! I COULD HAVE BOUGHT THE BLOODY INVESTMENT PROPERTIES OUTRIGHT......HELLOOOOOO..something not right here.

  • doyla66
    doyla66 Wednesday, 27 March 2013

    they used us all Maria for their own greedy financial gain, they are nothing but thieving mongerals....arrest those bastards that are putting us all through hell

  • doyla66
    doyla66 Wednesday, 27 March 2013

    Court is extremely harroowing and disappointing believe me I know have been through it.Nab bring out the big guns. It doesn,t seem to matter what documents you have which substantiate fraud it all boils down to your signatures on the right documents. The court system is a joke the gangster banksters have it all stitched up. Nab know what docs they are reliant on. Inab could not and would not provide my request for files etc. 2 weeks after I lost my appeal the copy documents arrived some 500 pages. So in other words Nab hid these from us so. They could not be utilised in court. I pleaded the fact of no doc but didn,t make any difference.ud I have vehemently These files etc provide conclusively the fraudulent activities of Nab. The Nab/Broker relationship is a moral and illegal and disgusting sham. Howmany other innocent aussies are to be used as a means to an end. PROFIT.

  • doyla66
    doyla66 Friday, 29 March 2013

    Make no mistake the banksters knew exactly what they are doing and have done. It was to be and is the SCANDALIST CRIME OF THE CENTURY.
    Our dear ex bank lender friend has confirmed that of the inside crime/fraud of the banks.
    Now to convince him to come forward. Lets hope he will.

    Marianna J. - Bankwest Victim

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