We call on everyone, who lost their homes due to the abuse of Personal Guarantees, to:
post a photo of themselves with their family home on twitter;
use the hashtag #WhereWeOnceLived;
tag their MPs in the tweet (including their postcode, so MPs can get involved).
We wish to raise awareness of this horrific malpractice, where lenders grab family homes.
We need the Government to investigate this issue thoroughly.
If you need help finding your MP on twitter.
FAO: Lynne Owens of National Crime Agency, Anthony Stansfeld, PCC of Thames Valley Police, Andrew Bailey of FCA, Richard Bailey of ICO, Cathrine McKinnell of the TSC, Julian Watts, James Harper of Lexis Nexis, Bristol Magistrates Court and other interested parties.
Chronology of events
In 1995, Lloyds Bank (LB) and Grant Thornton (GT) allegedly committed a section 47 Financial Services Act 1986 offence by inducing an investment from me, whilst concealing material information (namely 2 GT reports). At that time, it was unknown to me; I only learnt about this offence when the 2 GT reports became available in 1998.
In 1996, Lloyds Bank closed Heritage Plc – a fully quoted company in the LSE in 2 banking hours - without explanation. This action concealed the s47 offence. GT were appointed as administrative receivers preventing Smith & Williamson’s restructuring plan which would have revealed the existence of the reports in 1996.
In 1997, Stephen Charles Ball, claiming to be assistant manager of Lloyds in the Heritage-case, allegedly provided false figures relating to the value of recoveries. His affidavits were believed in court which resulted in my litigation being struck out and not getting to discovery, which further concealed the s47 offence. At that time Mr Ball made the affidavits Martin Harrop was case manager at Lloyds Bank.
In 1998, Lloyds Bank after frequent requests finally delivered the 2 reports on Heritage Plc. The discovery of these reports identified the s47 FSA 1986 criminal offence committed in 1995.
In 1998, The Court of Appeal ruled against me in guarantee litigation. As a result of this Hearing precedent was established: banks can go to straight to guarantors without first seeking recovery from borrowers (companies). Borrowers are allowed 2 banking hours to repay a demand. This litigation relied heavily on SCB allegedly perjured affidavit.
In 1999, a House of Commons debate initiated by my then MP encouraged the then Department of Trade and Industry (DTI) to re-consider carrying out an investigation into an alleged s47 offence committed by Lloyds Bank and GT. The DTI decided not to prosecute LB and GT. They were advised it “was not in the public interest”.
In 1999, following the House of Commons debate Lloyds Bank made a £2m offer. I refused this offer of £2m as it was insufficient to cover all Heritage Plc`s losses for all stakeholders.
November 1999: my family and I were evicted from our family home. This CoA judgment has created a precedent that has allowed banks and financial institutions to exploit hundreds of thousands of SME owners through the abuse of personal guarantees. The precedent set by this litigation allows secured lenders to go straight to guarantors for recoveries ignoring the liabilities of the borrowers. The Guarantors have no protection.
2003-2007: my MP contacted the DTI on multiple occasions to initiate an investigation into GT`s activity. The DTI referred the matter to the FSA. The ICAEW constantly investigated GTs actions about 20 times, deciding there was no “prima facie” case for censure.
In 2007, the then Financial Services Authority (now FCA) commenced an investigation at the insistence of my MP into Lloyds Bank around the missing monies in the Heritage receivership. Lloyds Bank misled the FSA by falsely claiming there was still £1m shortfall in recoveries against Heritage Plc`s debt.
2007- to this day: I attempted on multiple occasions to get hold of the concealed briefing notes and attachments to Lord Adair Turner.
In 2009, the Met Police identified a shortfall in Heritage recoveries as an allegation of perjured evidence.
In 2012, Lloyds Bank confirmed in court they do not know the value of recoveries of Heritage Plc`s debt so confirming the alleged perjury committed by their alleged employee, Mr Ball.
2012: The FSA had refused to provide me with the result of their investigation into Lloyds despite repeated requests.
2012 – to this day: I have made an FOIA request to the ICO regarding the concealed information, which was provided to the ICO by the FSA. The FSA (since became FCA) have asked the ICO not to share the information with me despite at least two attempts to request by the ICO.
2012-2015: The ICO initially refused to provide me with the requested information due to vexatious requests. In 2015, the ICO has overruled its previous decision and admitted denying information on grounds of vexatious request was incorrect.
In 2016, a Private Criminal Prosecution based on an allegedly perjured affidavit committed by Stephen Charles Ball has been submitted to District Judge Cooper in Bristol Magistrates Court, who initially refused the application referring to lack of necessary “mens rea” established, which has now been dealt with.
A private investigator of TM-Eye, FindUKPeople, Anthony Stansfeld Police Crime Commissioner and his team have all confirmed after having taken substantial steps to make contacts with Mr Ball they were unable to find him. Mr Ball does not appear in the FCA’s register either.
In 2017, the ICO have confirmed that the reason given for lack of disclosure in 2000 under the FOIA from BIZ is that terminology used when criminal actions, such as s47 of FSA 86 are being concealed.
In 2017, the FCA refused to allow the ICO to release information to me under the FOIA despite repeated requests from the ICO.
March 2019: The Upper Tribunal dismissed my application on the only ground I got permission to appeal whether the FCA qualifies as a business according to the DPA.
The case has progressed to the Court of Appeal under reference number C3/2019/1356 where I am relying on “public interest”.
In front of Briggs J regarding a request for the same information, value of recoveries, it would appear that Joel Scott of the FCA misled the Court. Complaints to the relevant department of the FCA have resulted in that department suggesting the matter going back to the Courts.
Thames Valley Police, led by Anthony Stansfeld, Police and Crime Commissioner, has been assisting Avon and Somerset Police in their investigation into Lloyds Bank Bristol. Mike McGrath and Julian Watts have been compiling documents and building a database relating to forged signatures and false identities committed by Lloyds Bank Bristol.
Mike McGrath has not been able to find SCB at LBB.
I have, therefore, concluded that hundreds of thousands of evictions have occurred on the back of an affidavit of someone who does not exist.
I am aware that the National Crime Agency is investigating LBB around forged signatures and they may wish to take over this prosecution. Otherwise I will continue with my Private Criminal Prosecution.
12 September 2019
This blogpost is for information purposes and should not be relied upon as legal advice because it does not consider or take into account your own personal circumstances. If in doubt, seek legal advice.