Using Project Heritage Redress (Stage 2 of Project Heritage), Jane Farmer has prepared her case and sent it to the relevant department at NatWest.
You can review the document here.
What you think of Project Heritage
What is Project Heritage?
Project Heritage is a digital dispute resolution tool designed to facilitate the bulk handling of legal claims, as demonstrated here.
https://www.diylaw.co/personal-guarantee-campaign/2021/2/3/project-heritage-update-3-february-2021
Read the comments below. You may be invited to comment.
David Fabb, long-term litigant in person: This great initiative by diyLAW is to be applauded! Reform of Personal Guarantee and security instruments generally is long overdue.. Provision of credit to businesses large and small ought not provide the means by which enterprises and the lives of owners are wiped out by opportunistic white collar spivs.
Paul Williams, Chartered Accountant: A few years ago I reviewed the financial records of the Heritage plc administration and identified some potential errors. From the documentation shown to me, I was surprised at the apparent indifference of Lloyds bank to the outcome of asset realisations before pursuing the personal guarantee of Jeff Lampert.
Daniel Jani, diyLAW: The abuse of Personal Guarantees (PG) has devastated the lives of hundreds of thousands of people. They have had no alternative but to turn to Law as a Litigant in Person (LiP). According to the victims, the "adversarial" legal system in the UK is disastrous for LiPs and they get no help from the Law. LiPs don`t stand a chance in a legal battle against well-paid and seasoned professionals and virtually unlimited resources on the other side. From the LiPs perspective, the inquisitorial legal system (in civil law countries, such as Portugal) is much fairer, as the court may ask questions of the parties and actually have a better chance to understand the dispute in front of them.
Project Heritage update
For Stage 2 of Project Heritage, diyLAW are now pleased to inform you we are talking to Andy Keats of the SME Alliance about how this part of the project may work.
Andy has spent 19 months working with BBRS, so his insight will be invaluable.
A Solution to the SME Crisis
Email to PCC Anthony Stansfeld by Project Heritage
In Parliament, Steve Baker MP talks about money creation and says the methods of money creation in our society are profoundly corrupting. Mr Baker quoted Henry Ford: "It is well enough that people of the nation do not understand our banking and monetary system, for if they did, I believe there would be a revolution before tomorrow morning." (20 November 2014)
Project Heritage is a digital dispute resolution tool designed to facilitate the bulk handling of legal claims typically on behalf of litigants in person (LiPs). It is a bulk dispute resolution tool focused on the abuse of Personal Guarantees - based on a perjured affidavit - which allows "vulnerable women (https://www.diylaw.co/cjc-2020-pg-widow)" to be abused by the existing process. Project Heritage is a 3-stage process.
Project Heritage Stage 1: Lampert v Lloyds case
During Jeff Lampert`s guarantee litigation (referred to above) Lloyds Bank entered what the Met Police later identified an allegation of a "Perjured Affidavit" into the action. This "Perjured Affidavit (https://bit.ly/2L5Y0b9)" was entered into the Court of Appeal by Stephen Charles Ball, then a Lloyds Bank employee. This Affidavit alleged that Lloyds Bank only recovered £1.5m of a £3m Heritage Plc debt Jeff was guaranteeing. The best estimate of the recoveries is between £5m-£7m. Lloyds have repeatedly refused to provide Jeff or anyone else with access the actual recovery figures.
After a great deal of research, SC Ball has very recently been located. The matter has been handed over to Action Fraud (ref. no. NFRC200803860541), who have forwarded this matter to the Met Police "to be recorded as a perjury".
The matter is being looked at by Avon & Somerset Police as requested by PCC Anthony Stansfeld.
Jeff is advised that as a result, hundreds of thousands of evictions may have occurred. This case established the toxic combination of:
failure to repay an overdraft within two banking hours can be considered an act of default on all company loans
allowing the secured lender to immediately take action against the Guarantor. The Guarantor's home is all too frequently taken before all recoveries against the borrower have been exhausted. This is because recovering from the Guarantor`s home has historically been the most cost-effective and easiest way to make recoveries.
The Head of Civil Policy at the Ministry of Justice has suggested to Jeff that Stage 1 "looks to be criminal" and Stage 2 remediations "looks to be civil".
Project Heritage Stage 2: remediation scheme presented by Jane Farmer
Jane Farmer`s Impact Statement (https://www.diylaw.co/jane-farmers-impact-statement) shows the horrors that the victims of the abuse of Personal Guarantees have had to endure. The Judiciary are aware of this (https://www.diylaw.co/cjc-2020-pg-widow).
Project Heritage is a dispute resolution tool designed to facilitate the bulk handling of legal claims to assist the victims in achieving recompense and closure. From just the address of the lost property, an algorithm will calculate the loss on the property against the current value. The Claimants would use that amount to close their claims. The Claimants will also have the opportunity to include their impact statement (as per Jane Farmer`s Impact Statement above). We believe that pragmatism will ensure a take up for the scheme, as it surpasses any other alternative that is currently available. Statutory Interest at 8% would be applicable to ensure a rapid resolution.
The process is designed to be transparent: it will be chargeable to the secured lenders who are one of the main beneficiaries. The process recognises that these funds originate only from a liability on the secured lenders` balance sheets, which will have been securitised. Project Heritage process would, therefore, work towards closing long overdue legacy cases and removing enormous pending liabilities off the lenders` balance sheets. Read more about Project Heritage: https://bit.ly/2LqvyQQ.
The process makes use of digital technology and has been given support by LexisNexis. Users of the process can fill in their own claims online (https://www.diylaw.co/calculating-the-loss-of-propertysold-due-to-pg) and they will also have the opportunity to include their impact statement (as per Jane Farmer`s Impact Statement above).
Project Heritage Stage 3: the way forward - an alternative to Personal Guarantees
Reforming the broken Personal Guarantee-based lending is of paramount importance and would benefit the millions of SMEs (that covers 99% of all businesses) in the UK. In the 21st century, 80% of companies` assets are intangible. The current system ignores that important change. Project Heritage and Areopa`s vision is to encourage the SME sector to invest in itself.
As outlined in Areopa`s concept (https://www.diylaw.co/replacing-personal-guarantees), Intellectual Capital could be a suitable alternative to Personal Guarantees:
AREOPA's approach to replacing PGs with ICGs (Intellectual Capital Guarantees) requires placing a Knowledge Manager Inside the borrowing company to ensure that their key knowledge is captured, controlled and commercialised beyond its current use. There is a legal and commercial arm's length distance between the Knowledge Manager Inside and the lender, to better ensure against a lender who is more interested in cashing in on the knowledge than simply benefiting from the interest on the loan.
Prof Harper`s view
Clearly the FCA do not understand banking Practice and Law.
Your case was pivotal and permitted wholesale theft by IP and bankers of customers assets.
A watershed in banking history.
Legalised theft by buccaneers.
Not legitimate banking practice.
Lies, are NEVER ACCEPTABLE from any bankers or Regulators.
Judges have to wise up and realise that organised crime by bankers and regulators is unacceptable at any time.
Unfortunately the plethora of evidence is to the contrary.
Organised Crime wins.
The Law is fixed to permit bankers to hide their deceit and lies.
Probus et Fideli is vital for banking to continue in this country.
Prof Nigel Harper
Fraud Presentation
Supplemental Paper
Author
Nigel J D Harper FCIBS, Chartered Banker, MBA-Banking, FCIB, ACIB, CeMap
Independent Retail Banking Specialist and Examiner for Retail Banking Academy International.
1. Never in my 48 years career in banking have I witnessed such a culture of lying, fraud and deception undertaken and supported by Chairman, both past and present, and their Boards.
2. Lying in any walk of life whether it is the Judiciary, Police, Parliament, Regulators and Business is totally unacceptable.
3. I was brought up to tell the truth. What we have today is blatant criminal fraud.
4. Lloyds and RBS Chairmen and their respective Boards have brought my once revered Profession into disrepute.
5. Sir Jeremy Morse was an honest banker, holding the highest ethical and moral standards in banking.
6. A man that led, and was respected by the City, bank customers and Investors.
7. My word is my Bond meant something. Indeed, the “Bankers Oath” sworn by newly qualified bankers, known as the “Bond of Trust” in some Institutes and Academies, still applies to a handful of professionally qualified, time served and proven lending bankers with over 25 years service and hands on experience. This underpins the banker / customer relationship.
8. What has happened is that there is a cabal led by the Treasury, supported by the Regulators, who have no intention of acting ethically or morally, preferring to lie their way out of trouble, in the knowledge that the Judiciary will believe any rubbish that the bankers concoct, to facilitate theft, asset stripping of SMEs assets, livelihoods, careers, ambitions, hopes along with those of their employees, leaving the Tax Payers to foot the bills.
9. The lists of Players are:
10. HM Treasury; FCA; FOS; Chairman of every bank that has been fined, the Boards of any bank that has been fined.
11. Accountants; Auditors; Insolvency Practitioners; Valuers; Vulture Funds; Bailiffs acting illegally and the bank’s lawyers, and we know who they are. E&OE.
12. In total no more than 250 people are implicated in supporting these bankers crimes. Names can be provided if necessary.
13. They know who they are; they look in the mirror every morning in denial.
14. One lie is sufficient to arrest bankers who are hell bent on destroying innocent, honest, moral, ethical bankers.
15. The biggest lies are told by the current and former Chairman of Lloyds Banking Group and their Board, closely followed by the RBS Chairman and Boards.
16. The evidence is in plain daylight.
17. Sally Masterson, Paul Moore, and all other “Whistleblowers” who have been hounded like dogs, at the mercy of the hoards of Lawyers, and their packs.
18. I have always said that the truth will out. Truth has to be the winner.
19. As a former honest Lloyds Bank Limited banker, I can quite happily confirm that the Chairman and Boards lie to everyone, shareholders, customers, Treasury Select Committees, not forgetting themselves.
20. What a culture they have bred?
21. This was never the way when I proudly joined Lloyds Bank Limited, in 1971. 48 years ago!
22. As a former Bank Inspector, I would have sacked the lot. They are unqualified to manage their customers and countries wealth.
23. I would have replaced them with honourable, honest, moral, ethical, qualified and time served lending bankers; not the salesmen that they are.
24. If a banker tells one lie then you have to lift the bonnet and review every aspect of their banking behaviours. Their favourite ploy is to abuse the Management Suspense Accounts for personal benefit, et.al. This always reveals the skeleton in the cupboard.
25. Patronage is a form of bribery, seeking to curry favour in the hope of “Honours” from Government.
26. Wall Street and Harvard Business School has polluted a once honourable and proud profession and facilitated contagion and corruption on a global scale.
27. Nothing good has ever crossed the pond in Banking. The fines seem to evidence this argument.
28. Liars have never had a place in banking or associated professional services since time immemorial.
29. Regulators have failed us all. Fines equate to crimes and these go unsanctioned, only to proliferate and cross the world.
30. How can any Bank customer invest their savings with a corrupt bank/financial organisation? Their money is always at risk. Their families are at risk along with the economy.
31. The City is a complete mess and needs a thorough clear out, starting with HMT and the Regulators, who have failed all victims of banking corruption and fraud.
32. Lying can never be accepted by the Judiciary. They need to suspend any Lawyers representing banks that lie.
33. I have witnessed many Lawyers lying through their back teeth to Judges over the years, and Judges meekly support their lies.
34. A bad judgement affects numerous lives and bank customers. Plenty of examples here!!
35. My former role at HMRC laid bare the corruption by bankers against us honest tax payers. A shocking revelation, one, yet to be examined?
36. There are NO SHADES OF GREY in Banking or Business. Black or white / right or wrong!!!!
37. Tax avoidance by certain Chairman is an indication of low moral fibre. He knows who he is!!
38. These people defile business, the City, and all the country. Yes it is we, the hardworking tax payers, paying still for the banking crash of 2008 and austerity, the fallout from which still has yet to be admitted and addressed.
39. Nothing has been done to rid the City and Regulators of the canker that pervades them! The FCA Public Meeting was a disgraceful circus.
40. Choreographed to the nth degree, no real answers for the victims, who have paid dearly for the FCA’s intransigence, and denials.
41. I was ashamed to witness such behaviours from a Regulator.
42. Running from the platform, to escape further debate, and discussion. A pitiful example if ever there was one.
43. My career is over, but I have the standards that John Meek, Edwin Bryett and Sir Jeremy Morse inculcated within me upon my joining Lloyds Bank Limited. A sound honest bank that I once revered.
44. Liars and lying has to be verboten at all times.
45. These breach societal norms and standards, which in my opinion are despicable.
46. I pray that integrity in Banking and Government is restored (???????), there has been none since Brown.
47. We honest, professionally qualified, time served lending bankers have to fall in line and be counted.
48. Investment Banking is the great scourge of society, pariahs, wherever they stretch their tentacles, feeding from the living, leaving death and destruction in their wake.
49. I know what is planned for the City, if my warnings go unheard. Not pretty.
50. Clean the Augean Stables now.
51. I shall happily support or lead those that will make a start. As with Climate Change, the first step is the most important.
52. Let us build on the sterling work of the APPG Fair Banking Committee and pull together to rid the profession of the corrupt Chairmen and Boards.
53. A suicide, hunger strikes; self harming by children and potential suicides of customers/victims children is never the banking profession that I joined all those years ago.
54. This represents the mafia, with Chairman and Boards being complicit and guilty of these heinous crimes. The Portuguese mafia are a prime example of bad banking practice. Witness the Lord Turbull Report and hundreds of others.
55. We bankers serve the community, not raped it!!!
56. Chairmen, Board Members have to take a long hard look in the mirror, and if they like what they see they are not fit to call themselves bankers.
57. I concur with everything Anthony Stansfeld has reported, an indictment of this avaricious society that has mushroomed since 1985. Dog eat dog! Bankers bonuses bear false witness to their skills and integrity. They have none.
Nigel J D Harper FCIBS, Chartered Banker, MBA Banking, FCIB, ACIB, CeMap
Independent Retail Banking Specialist and examiner.