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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 861
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Hello I got a mortgage over a vacant block of land Dec 2008.

Customer Question

Hello
I got a mortgage over a vacant block of land Dec 2008. (Financial settlement with ex).
All went thru fine, but then the Home lending magr demanded my house deeds (house next to vacant block). It was an extremely stressful time for me, so stupidly gave him the tiel deeds, under duress, due to his threats "Bank lent you too much, so can take your house anyway if you do not pay).
That same week, my ex got my business destroyed, and I could not pay the mortgage. About 6/7 months later after being bashed by ex family and their friends (severely), I went to bank and took mortgage over house, and the Home lending manager, loaned me more money, when I had no way I could make the repayments.
Last year the FOS Troy Nutley, helped me settle up, I lost my $470,000 home.....
I have now gone thru paperwork, to find that at December 2008, Sean Little (Westpac Bank), has "doctored" the paperwork for that loan in 2008. No signatures by me, on that mortgage (the paperwork he changed from the vacant block, to the house).........His fraud has cost me my home, can you hlp?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon,

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.

Do have copies of what you signed or what was sent to you initially for the loan?

Have you seen the copies of the documents held by the bank?

If fraud has been committed, then this is a matter that can be bought to the attention of the financial services ombudsman, as I would assume fraud was never raised on the last occasion.

Have you seen the documents that are held by the bank?

Customer: replied 1 year ago.

Yes, I have the paperwork. Troy Nutley, who handled the original thing last year, doesn't want to know, the FOS have now recommended the cclswa, they don't want to know...too complicated (I would have thought it simple?...I have the paperwork)......


So now it is another FOS complaint. I have been told the FOS, can only recommend? I have been ripped off by lots of people since separation, I want real legal advice. I was told from John Smith, at Westpac, that I paid interest of nearly $60,000.........on the loan.


But worse than that, was that Sean Little fudged thru a loan after that (when I really was so depressed and desperate)...even though the bank manager, and himself, knew that telstra had destroyed my income, and my business...they also knew that centrelink would not hlp, because centrelink did not believe my business had been destroyed (ie then sue telstra)..I tried, I got a cheque back for 0.02 c. And legal aid wont help, cause its a business matter, and Idon't have money to fight Telstra.


But back to the banking issue...I had no way of paying off the "corrected loan"...later in 2009, that was fraudulently approved by Sean Little, to cover his stuff up and fraud of December 2008.


 

Expert:  Leon replied 1 year ago.
Good Afternoon,

Based on what you have told me I would be suggesting that you get more detailed legal advice from a solicitor the practices in commercial law and commencing proceedings against the bank and also against Telstra for what has happened.

If the bank has committed fraud then you are entitled to compensation for your losses and they would be far in excess of $60,000.

I would not concern myself with financial services ombudsman in relation to the compensation I would be filing proceedings with the district court.

In relation to the bank I would also consider registering a complaint with the ACCC and also advising the media of their actions.

It is a matter where they have committed fraud.

In relation to Telstra you can also consider filing an application with the telecommunications ombudsman because it's been so long they may not be up to do very much.

But from what you tell me you have all relevant documentation and a solicitor the practices in commercial law would be able to give you more detailed advice on whether you have an action and also if they are able to do it on a no win no fee basis.

Would you like me to provide you with the details of the Law Society so that you can get a referral?
Customer: replied 1 year ago.

Yes a referral would be great. I tried the TIO, with Telstra, but they said they can only ask for money, and as I wanted more than $2,000 (I think that was the amount)...they could not help me. I have not given up on many things.... I just keep trying. Thankyou for the ACCC reference. I will try there. Please recommend a lawyer. I have had Latro helping before...for a different matter, They demanded more than my $2,000 paid to continue, on this different matter, then when I paid an extra $300 or so, they said they would no longer represent me, because they felt they could not win. ie been ripped off by everyone...all stems to stalking issues by ex and the family...except the bank matter, that was just another awful blow, the same week my ex destroyed my business (telstra employee)...or Telstra will billing error...either way telstra a re responsible. And legal aid will not help. They would not help when I took my ex sister in law to court fror breaking vro for my protection, and constantly getting me sacked...Lawyer was Kevin Prince, I demanded he ask that she pay all costs, and the judge agreed. Kevin had never ever come across that in a VRO domestic violence case. Was so glad she had to pay, because I could repay the $2,000 to a dear friend, my only friend.

Expert:  Leon replied 1 year ago.
Good Afternoon

The law society Website is as follows:

http://www.lawsocietywa.asn.au

Contact them and they will give you a referral.

Ask for a commercial lawyer.

Seek their advise on both matters. My only concern is time, usually there is a 6 year limitation period to sue.

Is there anything else I can assist you with?
Customer: replied 1 year ago.

 


Yes a referral would be great. I tried the TIO, with Telstra, but they said they can only ask for money, and as I wanted more than $2,000 (I think that was the amount)...they could not help me. I have not given up on many things.... I just keep trying. Thankyou for the ACCC reference. I will try there. Please recommend a lawyer. I have had Latro helping before...for a different matter, They demanded more than my $2,000 paid to continue, on this different matter, then when I paid an extra $300 or so, they said they would no longer represent me, because they felt they could not win. ie been ripped off by everyone...all stems to stalking issues by ex and the family...except the bank matter, that was just another awful blow, the same week my ex destroyed my business (telstra employee)...or Telstra will billing error...either way telstra a re responsible. And legal aid will not help. They would not help when I took my ex sister in law to court fror breaking vro for my protection, and constantly getting me sacked...Lawyer was Kevin Prince, I demanded he ask that she pay all costs, and the judge agreed. Kevin had never ever come across that in a VRO domestic violence case. Was so glad she had to pay, because I could repay the $2,000 to a dear friend, my only friend.


 


In the last six years, affter suffering abuse for over 30 years...I got brave and separated. Then I got threatened with being shot, found spent shotgun cartridges out the front of my house...police told my 10 year old son, who found the cartridge..""She needs to be locked up for my own good, ie mental institution..."...he spoke to my stalkers first? haha, that went to CCC, got denied, but that copper aint in Albany any more..


 


I been pulled over and breathalized constantly, because three/now four stalkers now report me to anyone and everyone.


 


I got pulled over once after a spat with my ex sister in law...what did the police say" We had a report you parked crookedly in Coles (carpark), we didn't see it, but we have to breathalize you...result, negative of course...I was grocery shopping)....... I r efuse to stay the victim here.


 


Well she got me bashed, because she knew about it, and telephoned my ex (my other son was listening to the telephone conversation)...that was timed, for before the police had even left. No-one knew I had been bashed, until hours later, except the bashers. That issue is with Police Complaints department..why? They believed what the basher said (one of four of them)..that as I lie on the hallway floor, and he stepped over me, he told them I had bit him on the leg? Such is the power of people and their slander, the police did not take a photograph of the bite...nothing...


 


After that, she got angrier...because she had to pay my lawyer and her lawyer for the second VRO thing...cost her around $7,000. so she got revenge. Got her best friend Noelene Drummond, to lie that my dog had bitten someone. The rangers stole my dog from my verandah, denied it, then had to admit it..Tortured my dog for 8 weeks...I had to send the RSOCA inspector to check, and then the dog had to go immediately to the vet.


 


The CEO, Albany City Council, demanded I sign a "gag"piece of paper, or they would destroy my dog. I still believed in justice then, stupid me. I complainted to the Ombudsman and the Minister for Local Government --- I got all the proof...all the letters, emails documents, vet rpprts, photgraphs...well, they came back got my gentle giant, and had her destroyed.


 


So my ex could not hurt me, but between him and his family, and the bank where all his very extended wealthy family bank......... they still try to destroy me.


 


I no longer believe in justice, because no-one in authority wants to listen. Even my lawyer Kevin Prince, met with the CEO Albany City Council..the CEO acting as a lawyer...famous Faileen James.....and he was told I did not bother to turn up...Trouble is, not only did I not get invited, Faileen James and Linda Hill at the City Council, purposely put blocks, so I would not find out where this meeting was...I was at City Council, they were with my lawyer...

Expert:  Leon replied 1 year ago.
Good Afternoon

Good Afternoon

The law society Website is as follows:

http://www.lawsocietywa.asn.au

Contact them and they will give you a referral.

Ask for a commercial lawyer.

Seek their advise on both matters. My only concern is time, usually there is a 6 year limitation period to sue.

In relation to the stalking etc if you know who they are and get get photos of it happening go to the court and seek an intervention order.

Is there anything else I can assist you with?

Customer: replied 1 year ago.
Relist: Answer quality.
i know I can contact the law society for a referral.
I know I can go to FOS, and other places.
I thought I would get more concret information?
Expert:  Leon replied 1 year ago.
Good afternoon,

I can provide you with information on what you need to do but further than that I do not have enough information or documentation.

When you say you want something more concrete can you please be a little more specific?


Customer: replied 1 year ago.

Well legal stuff... everything you told me I already knew. If you are a good lawyer, will you represent me? Or just say...go to lawsocietywa website.??


I been trying to sort out all this stuff for 6 years...I have not been relaxing for 6 years. The FOS helped last year, only then did I realize the fraud. I have lost a $470,000 home..to the bank. The mortgage was over a block of land...The sale of that (if the fraud di not happen), would have still left me with the house.


 


Your service is not what I expected, I expected a personal referral to someone? Not go to website, somewhere?


And of course I don't get my $99.00 back...now I check, it is worded, get $99.00 back if not satisfied. Well I am not satisfied, so now I am supposed to try another lawyer, on askaquestion, and probably another, and another, until I am satisfied. Well i aint satisfied. Not with askaquestion. Just another con Buggarr.

Expert:  Leon replied 1 year ago.
Good Afternoon

I am unable to give you personal referrals. All I can do is provide you with information so that you are guided.

I can suggest firms that do this work but not particular solicitors.

I can arrange for you to get a refund if you wish that is not an issue.


Customer: replied 1 year ago.

Yes please a refund would be great...I just don't believe I will get one. If I do...My faith may be restored.

Expert:  Leon replied 1 year ago.
Good Evening

I will request it now.


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