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Have I been mis-sold my mortgage?

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  • Have I been mis-sold my mortgage?

    Hi, I already have a posting under the title of Repossession hearing whilst ongoing FOS complaint is in place, please help? but reading through the various postings on this wonderful forum, I am know pretty sure my mortgage was mis-sold to me but would like the opinion of you good people please?

    I was involved in a Investment which my bank told me they`d checked out and it was valid, (though this just came in verbal form from the then Bank Manager and the Private Clients Manager), the bank manager persuaded me to take out a very large overdraft in excess of £30,000.00 to pay other Investors, (friends and Family), their returns before the returns had actually arrived as some of them were being very forceful! The bank manager was very insistent and so was the Private Client Manager, I was granted this huge overdraft, despite the fact they knew my sole income was £800 per month from my Late Partner in the form of a Dependants Pension.

    I should say now, that although the bank manager and Private client manager were always very positive in regards to this investment and were pushing me to make plans to put it into various accounts within their bank, I now know from documents supplied to me in the banks `Disclosure Documents`, e.g contemperaneous file notes written by the bank manager, private client manager and others), that behind the scenes the bank were doing investigating on this investment and were drawing blanks every time, yet were still reassuring me everything was fine! One of the bank managers file notes actually says that although there were concerns over this invetsment and they hadn`t been able to locate the banks details or the attorneys, (it was in the USA), they were ever mindful that if this investment was legitimate, it could be a major coup for their branch and indeed the bank to secure such a large sum of money to be invested through their bank!

    When it became clear I`d been scammed, the bank manager then started to put pressure on me to secure the overdraft as a charge on my property which I was reticent to do, however, by now, the charges on the overdraft were crippling me and were taking up most of my monthly pension, therefore, when the bank manager told me that if I allowed this charge I wouldn`t have to make any further payments until I had sold part of my property, I reluctantly agreed....as it turned out, they then started to charge me interest every month on the `all monies` mortgage and so I was literally worse off and so the only person the charge had benefitted, was the bank! Hd I known it wouldn`t benefit me, I would never have agreed to it :-(

    The bank therefore put an `all monies` mortgage on the whole of my property. I had no idea what this meant until these proceedings began as the bank manager never explained it to me, nor did the solicitor, basically I was just given the pieces of paper and told where to sign and as I was in such an emotional state at that time due to losing all of my money, and the added pressures of knowing I was now in such debt, I foolishly believed the bank manager and the private client manager!

    Both the bank manager and private client manager moved on from the bank shortly afterwards...did they jump or were they pushed...I think the latter!

    I now have all of the bank paperwork to prove what actually was going on behind the scenes and it doesn`t tell a good tale for the bank! They lied to me and were negligent and misleading in their advice.

    Can anyone tell me from what i`ve put above whether I have a case against the bank for, firstly actively encouraging me to run up such a large overdraft when my only income was £800 per month, secondly if they were negligent in not advising me of the concerns they had about the investment in the first place, and thirdly, if they are guilty of mis-selling me the `all monies` mortgage.

    I will be so grateful for any help or advice as the respossession hearing is this week.

    Thank you all so much xx
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