West Bromwich Building Society Tracker Margins Legal Action

West Bromwich Building Society Tracker Margins Legal Action

18:38 PM, 30th September 2013, About 11 years ago 3869

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West Bromwich Tracker Rate Mortgages Legal Action Group

West Bromwich Building Society Tracker Margins Legal Action

Are you affected by the West Brom Tracker Rate Hike?

If your mortgage account number begins with the number 8 you are highly likely to be one of the unlucky 41% of the mortgage customers of the West Bromwich building Society with a West Bromwich Mortgage Company account affected by the 1.9% increase in your tracker margin rate. However, if you arranged your mortgage directly with West Bromwich Building Society (i.e. not via a broker) or before 2006 the chances are that your account number will begin with the number 9 and you are not affected – YET!!! West Brom will give no assurances that mortgages with account numbers beginning with the number 9 will not be affected at some point in the future.

OUR INTENDED CLASS ACTION LITIGATION OVERVIEW

Tracker Rate Class Actions Updates

The reasons we started this campaign are very simple:-

1) We believe the actions of West Brom are immoral

2) We believe the actions of West Brom are unlawful, i.e. they have no legal grounds to increase their tracker rate margins

3) We have no wish to subsidise other areas of the West Bromwich Building Society business model

4) We are fearful of other lenders following suit if West Brom are allowed to get away with this

Mark Smith (Barrister-At-Law) said …

“Representative actions, where one person starts a case representing many others, who all want the answer to a legal question from a court such as ‘is this contract enforceable against me?’ but are not seeking damages. All those who sign up to the action will get the benefit of the win, but they do not have to start their own cases, as they are ‘represented’ by the lead claimant.

The only people who will definitely benefit from success in the case are those who have signed up. There will be no free rides. Any others will have to fight their own corners individually, either alone or with legal help (which will inevitably cost significantly more than the group case).”

We will NOT settle on any basis.

Landlords take legal action against West Brom Mortgage Company

We have a moral duty to do what is right for those who support the values upon which this campaign was started. Our promise to all who support these values is that we will not sell out on you at any price. We will continue to fight this injustice and we will fight any other lender who tries to follow suit.

Are you with us?

This discussion thread is now closed – we’re off to Court!

To link to the new discussion please CLICK HERE

West Bromwich Mortgage Company Tracker Margins Legal Action


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Mark Alexander - Founder of Property118

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11:26 AM, 6th November 2013, About 11 years ago

Reply to the comment left by "Bob Nunn" at "06/11/2013 - 11:12":

Hi Bob

Justin and I have previously discussed the potential of seeking an injunction. I have just called him and asked him to leave a comment here to explain why this isn't a viable option.
.

Justin Selig - solicitor

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13:49 PM, 6th November 2013, About 11 years ago

In response to Mark's comments about an injunction, this is not a viable option. Injunctions are generally only available where damages would not be an alternative remedy. In this case, obviously damages would be an alternative remedy as we would be claiming for a refund on the extra interest paid. Secondly, the proposed grounds for an injunction "we are waiting for a ruling from the FOS" would not be sufficient grounds to obtain an injunction - we would at the time of application need to prove our case.

Once we have our feedback from Counsel, we will be preparing pre-completed complaint forms for everyone to send into the FOS.

Bob Nunn

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14:36 PM, 6th November 2013, About 11 years ago

Thank you Mark/Justin for answering my comment re: injunction.
Like most people I'm not very patient and want to move the fight on.

Alexander Law

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15:38 PM, 6th November 2013, About 11 years ago

I have just received a reply from the West Bromwich to my second letter requesting clarification of their position:

"Having reviewed your concerns I can confirm the following.
When you took out your buy to let mortgages in 2007, the mortgage application confirms that, 'The applicant(s) have read the Online Mortgage Terms & Conditions in full'. I have enclosed a copy of the application and highlighted the relevant section for ease of reference."

Now here's the rub. They have enclosed a photocopy of their westbromforintermediaries on-line Mortgage Application Form, which has been filled in on-line by the broker. On the last page it says:
In ticking this box I, the intermediary / mortgage broker completing this application on behalf of and with the consent of the applicant(s), confirm that:
(and here is the bit they have highlighted):
The applicant(s) have read the Online Mortgage Terms & Conditions in full.

This is plainly un-true as we never saw any Online Terms & Conditions. In other words, they are unable (from what they have sent us so far) to demonstrate that we have signed anything to say we have read and understood the Terms & Conditions which they are now invoking to allow their rate hike. It was their broker who ticked the box to say we had. Or am I missing something simple...?

Paul Eastabrook

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19:03 PM, 6th November 2013, About 11 years ago

That sounds like a very strong defence to me. I've just checked, whilst photocopying all my paperwork for Justin, and mine is exactly the same. By coincidence, I rang my broker, Endsleigh Financial, yesterday at 3 p.m. about what its view is, and was promised a call back. Needless to say, I'm still waiting, which is something for me to remember when renewing my landlord's insurance policy. Take note, Endsleigh Financial.

Mark Alexander - Founder of Property118

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11:33 AM, 7th November 2013, About 11 years ago

Mortgage Strategy Article

A new article has been published today by mortgage strategy, I have added a comment to encourage their readers (maily brokers) to refer their clients to Property118. Others here may wish to do add supporting comments. Please see >>> http://www.mortgagestrategy.co.uk/news-and-features/latest-news/west-brom-in-legal-fight-over-rate-hikes/2002536.article
.

M Jones

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13:59 PM, 7th November 2013, About 11 years ago

West Brom ask us to disregard promotional material, headline rate’s and the front pages of Key facts Illustrations, Mortgage Offers and Personal Reports.
They choose to rely on a small section buried within 28 pages of small print, the contents of which are sketchy and open to interpretation at best. All contained in a booklet that it appears most if not all of its customers have not seen.
I ask is this ‘clear’, ‘fair’ and not ‘misleading’?

Paul Eastabrook

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14:44 PM, 7th November 2013, About 11 years ago

Interesting situation here. I was on my way to post my paperwork and £240 off to Justin 30 minutes ago, when I got a call from home to say that another letter had arrived from West Brom stating that it may not have addressed a point in my original complaint letter. WB is now asking for full details of my portfolio, the financial arrangements, name of relevant lender, property addresses, how the portfolio was built up, dates each property was acquired, use, property use, general details relating to tenant and more.

WB states that it will then review the details we provide in order "to ascertain whether you meet the criteria for this rate change".

I think I will have to decline its request under Data Protection legislation, particularly as some of the information relates to a third party's ownership of another property.

It seems that WB is now trying to split us all up into different groups in order to divide and conquer.

Mark Alexander - Founder of Property118

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15:09 PM, 7th November 2013, About 11 years ago

UPDATE FROM JUSTIN

A further 20 packs have come in this week so far in respect of a total of 23 loans.

Total raised to date £48,400.

Justin has submitted his first invoice to the fund in respect of work to date for the sum of £3,600 plus VAT.

Dean

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16:58 PM, 7th November 2013, About 11 years ago

Reply to the comment left by "Paul Eastabrook" at "07/11/2013 - 14:44":

I had a similar thing asking for a lot of detail. I told them they had the wrong information about me, which they did and to go away and get it right before they even thought about amending my rate .

Not heard anything since which was about 2 weeks ago. Im going to clear my desk tomoro and Monday and then start chasing to add to their work load

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