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Permalink Reply by Jason Stewart on November 13, 2010 at 8:44pm

You are spot on Liz, I took the family away last week and realized what I have sacrificed. I laughed , We watched dvds, travelled down the great south west and took the girls fishing, My twins drove a car for the first time, and I tuned off my battle. I got back Monday and prepared for my meetings on Thursday. On Thursday I was offered a deal. They want me to shut up and go away, just vanish in to thin air, forget all about the circumstances that led to this debarcle. The bank was exposed like rabbits in the spotlight, They couldnt look me in the eye, were sheepish uncomfortable and in denial. The challenge for me is to find the right balance between my strive for whats right and to be a dad. I beleive every thing happens for a reason. My greatest fear is anything happening to my children.
I am over the bitterness and resenment. The people that have contacted me of late have been through hell and back it would be inexcusable for me to sell my soul.

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Permalink Reply by Matt Thompson on November 13, 2010 at 9:00pm

Yep,

Lots of familiar things there.



jenny B said:

Hi Jason,

I certainly as on the Nabs case. How about unilaterally changing guarantors names on the leters of offer without informing the new guarantors and expecting us to sign and return within 17 hours with a sleep period of 8 -9 10 hours depending on the sleep pattern. We only had 1 -2 days before takeover because they were so slack with their documents although they had known for 60 days. 4 applicants applied for the loan but when the letter of offer and the guarantoee docs arrived in the 1 envelope they had changed the names adding a non applicant for the loan and removing 1 of the original applicants. Why didn't they tell us of the changes and what rights do they actually have for this. I asked this question and of course never received an answer. They never spoke to the new guarantor at all throughout the complete process as with the rest of the applicants or directors of the company. They are incredible. How do they sleep at night. The list of errors/ommissions goes on and on. including fraud I suspect but they seem to have an answer for everything. I love that they can loose files including our complete history although we have been with bank for 40 years.
Regards - Jenny

Jason Stewart said:

I have had three more cases presented to me this week in regards to NAB SBS Perth and external advisers appointed. There seems to be a consistent trend in there behaviour and tactics based around the following.

Interest only Loans that have an issue with expiry dates (Market Facility Loans)
Minter Ellison
Perth Agribusiness (Names and individuals I will not post publicly)
Perth Stategic Services (Same as above)
Penalty Interest Rates
Adjustment to loans (Regarding Extra Covenents/ Monthly Reporting)
Misplacement of Legal Documents(Amazing)
CarmenLawrenceitus ( The inability to remember details of meetings or conversations)
Receivers illegally trying to take over businesses and premises
uncconscionable Business behaviour
Shrewd investers arriving like a seagull to a chip once business or property is seized
Deeds of forebearance (Which some are clearly fraudelent and would not stand in court)
Renegging on proposed offers, even when presented in writing.

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Permalink Reply by Rosie Cornell on November 13, 2010 at 9:02pm

Hi Jason, I am so pleased to hear that they offered you a deal and that in your case at least, they have the decency to be embarrassed about their actions. I can understand your determination to keep fighting to get the best deal; you should. But for myself I think I have to be honest and admit that even though I have been to hell and haven't quite found my way back yet; I would not consider you to have sold your soul if you were to take a settlement :D. By all means refuse to sign a non-disclosure agreement that stops you from sharing your story with others and if their offer is more insulting than compensatory - keep fighting to get a better deal. I only hope that by all of us refusing to give up the fight that we can get some change happening within the culture of the NAB. I'd personally like to be able to prove criminal fraud and get the perpetrators thrown in jail - but what's life without a happy bubble eh?

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Permalink Reply by Jason Stewart on November 13, 2010 at 10:57pm

Matt thank you for your encouragement. I will ring you tomorrow.

Rosie,

"More give less take" "A sense of fairness"

I Give every thing possible, They have tried to take everything that they possibly can.

Hang on theres more, waive your basic constitutional rights away.
I can pay for the duct tape myself, but they have the privelidge to wrap it around my mouth.
Help other victims. No you can forget about that Mr Stewart. Take the money and shut your mouth. The Nab have one minor problem, if i reject the offer then they haven't quite knocked me out, the pulse is still there.
You can not make up something and expect to get away with it. The next victim is already being lined up and will dread waking up Monday Morning. As the CEO of NAB said on October !st 2010 "Banks need to adress the slur that they are "Bastards" or face mounting regulation.

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Permalink Reply by Rosie Cornell on November 14, 2010 at 9:00pm

Jason, I now live in exile in the city - I'm not enjoying it. I have everybody tell me to give up my fight with the bank since they've already 'won'. Sorry but I'm not going away either, my lawyer stuffed up & I'm not quite sure why ... but in court I had a Judge tell me to sue them - so I AM (you don't have to tell me twice). Today Tonight couldn't tell my real story on telly last year (for fear of being sued as the bank had won Summary Judgement) and I came off sounding more than just a little stupid - but I know the truth; I know how the bank did their sting. I'm amazed at how many of us had to sign endless Deed of Variation documents (many with little time to consider or choice in the matter); it's amazing how many of us had purchasers ready waiting in the wings and the sale of assets would have gotten us out from under the bank; I'm dismayed at how many of us were let down by our own lawyers and I am all for getting as much information out there as I can so that the next guy knows right from the start how to fight back. My biggest goal though? I WANT TO SEE THE NATIONAL AUSTRALIA BANK DISAPPEAR INTO THE ANNALS OF HISTORY AS THE WORST BANK THERE EVER WAS AND HOW IT WAS FINALLY ANNIHILATED BY THE VERY CUSTOMERS IT DEFRAUDED. I hope we stop these bastards so that my grandchildren never have to wonder if they can REALLY trust their bank.

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Permalink Reply by Michaelng Clayton on November 14, 2010 at 9:39pm

Hi All

I would love some top level legal advise on.

How can a contract be binding when one side (THE BANK) keep changing the conditions of the contract?

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Permalink Reply by Rosie Cornell on November 14, 2010 at 10:04pm

@ Michael, sorry I can't provide any actual legal advice which as you have rightly identified is what you really need. I can point you to my website so you can read lots of info on what the NAB is like specifically (it helps to have info - wish I'd known this stuff at the start of my troubles) and I can talk to you and support you in your journey (it helps to know you're not alone). I'm sure other members will be able to point you in the right direction for legal advice and support :D. Best of luck
http://ihatethenab.com/For-Your-Information.php

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Permalink Reply by Jason Stewart on November 14, 2010 at 10:31pm

Lawyers Dont get me started

It has taken me a long time to find a lawyer that can legitimately challenge the endless recourses of Minter Ellison. Its so important to apply the right case to the right court under the appropriate act (Be weary of using the supreme court). Preperation is imperative. If the preperation is not exhausted proffesionaly your giving yourself no chance. Study other cases, Talk to as many victims with similair issues. Strength in Numbers. The confidentiality clauses in bankers contracts are null and void under oath. Diarize every conversation. Adjustment of loans, especially interest only loans they are usually the point of call for maladministration, money on demand and disclosure issues. Perth is like a goldfish bowl, same people, same tactics, almost certainly the same result. High turn over of bank workers, get in contact with them, some will talk , some wont, but under oath they have no choice. My people have really stepped up the last month. Almost on a weekly basis we are meeting other victims. I am preparing for a challenge that has not ever been seen in Australia. No matter what ever my outcome is one thing I know is that there will be a cultural change in some sections of the bank, Some will lose there jobs and some will be constantly looking at shadows.

Michaelng Clayton to answer your question I will post a snippet of how the bank can get out of changing terms and coniditions of a binding contract. I have removed the names of my family from some of these terms listed below.

KFRE (in its own right and in its capacity as the trustee of the Trust) has no defence, set-off
or counterclaim (and hereby waives any such defence, set-off or counterclaim) to the
Bank's claims against it pursuant to the KFRE Facilities, the RMD, the Farm Mortgage
and the Guarantee, and in relation to the KFRE Debt.
No representations, warranties or undertakings
KFRE (in its own right and in its capacity as the trustee of the Trust), acknowledge and
agree that, save as expressly set out in this deed, they have not relied on any representation,
warranty or undertaking of any kind made by or on behalf of the Bank or any of its employees,
advisers and agents.
Release of the Bank
Release
KFRE (in its own right and in its capacity as the trustee of the Trust),
KFRE absolutely and irrevocably release, waive and forever discharge the Bank and its
employees, officers, advisers and agents from all or any Claims which they have or, but for the
execution of this deed, may have had against the Bank and/or its employees, officers, advisers and
agents arising from or otherwise connected in any way with the matters the subject of this deed
including, without limitation, the Group Debt, the Facilities and the Securities, whether such
Claim was known or unknown to the Parties at the date of this document.

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Permalink Reply by Rosie Cornell on November 14, 2010 at 11:33pm

Jason, we found ourselves in the Supreme Court not because we had a choice but because of the decisions made by Minter Ellison; our lawyer didn't put up any kind of a fight and although we were charged for a preparation of our defense, he failed to file one.
What the NAB and its lawyers count on is our ignorance - when we started in this I was told no-one wins against the banks and that our case was 'unique' - things you learn eh? We were also told that 'the system' couldn't let us win because it would call into question every mortgage and would mean that everybody could just not pay their mortgage (hindsight is 20/20 vision and looking back a lot of the things our own lawyer told us just sound like so much smoke blown up ... well, no need to go there, lol).
We need to find an effective way to get all this information out there so that it is easy to access. For a long time I really believed that I was fighting alone, I was led to believe that everybody else just gives up because everybody knows you can't beat a bank (it does get tiring hearing your legal team and nearest and dearest tell you to just roll over and die). I guess to this point the banks power has been our individual isolation - I'm looking forward to the day when we as a whole show them what we're made of.

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Permalink Reply by Michaelng Clayton on November 16, 2010 at 10:32pm

Hi Rosie

Thanks for the link. I found a community with good information and there is a radio program that may help you get your story Worldwide. See http://tnsradio.ning.com/?xg_source=msg_mes_network

Good Documents

End The Bank Of England

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Permalink Reply by Jason Stewart on November 17, 2010 at 11:40am

Hi Rosie

I hope that Joshua can help you. He is an empathetic man, and I have not come across anyone who can understand banking matters better than him.

Take care Jason

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Permalink Reply by Rosie Cornell on November 17, 2010 at 1:08pm

Hi Jason, was an interesting morning :) and for the first time in a long time I feel like there's real hope (yeah, might be distant but that still beats no hope hands down lol). We should all get together one day; it'd be an interesting meeting.

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