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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Paul Eastabrook

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17:53 PM, 7th November 2013, About 11 years ago

I'm just drafting my response to them now, including the fact that I declined to contact them further until now, following advice from the FOS, on the basis that WB had sent me a "final response" that I took at face value.

I actually find this latest letter from them to be quite insulting, in so far as it is asking for confidential information which is not only not relevant to them, but which also involves a third party whose permission I do not have to divulge to WB, and to do so is likely to infringe data protection principles.

Devon Landlord

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20:26 PM, 7th November 2013, About 11 years ago

I would be very interested to hear peoples opinions on how to tackle the WB scandal whilst any legal action is being looked into. Apologies if this has been discussed previously but I have only just joined this site.

I have sent off the template letter to WB and am now awaiting the documents which I will send off along with the £240.

In the meantime, I am faced with a rate rise in December along with the rest of us. I would appreciate members thoughts on the following 3 strategies;

1. Keep the existing DD in place and pay the higher rate from December until this issue is hopefully resolved and then look forward to receiving the overpayment back.

2. Cancel the DD and set up a SO for the current monthly payment. (Will this affect my credit rating as I will then be defaulting on the full amount of the monthly payment).

3. Take the easy route and source an alternative mortgage (The Mortgage Works seems the most attractive BTL at the moment as far as I can see but is still much higher than the current WB rate). If I take this route I guess I will lose any option of redress from WB?

Any comments will be most welcome

Alexander

Dean

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21:10 PM, 7th November 2013, About 11 years ago

Hi. Always good to find new visitors to the site. Where did you hear about the site.

Stick with 1. Leave your dd as it is and wait it out.

ian

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21:18 PM, 7th November 2013, About 11 years ago

Reply to the comment left by "Alexander Simpkin" at "07/11/2013 - 20:26":

Hi Alexandra
If you go back to page 99 and read Justin Selig comment at 16.11 that covers DD & SO
Click on his name A you can read all his Class Action updates

Devon Landlord

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21:25 PM, 7th November 2013, About 11 years ago

Reply to the comment left by "Dean Turner" at "07/11/2013 - 21:10":

Thanks Dean.

I discovered the site a few days ago whilst Googling the WB scandal. I was so surprised by WB's action. This is so brand damaging for them. The banks have a bad enough name as it is.

Alexander

Devon Landlord

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21:32 PM, 7th November 2013, About 11 years ago

Reply to the comment left by "ian " at "07/11/2013 - 21:18":

Thanks Ian. very helpful.

Alexander.

Richard Adams

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21:50 PM, 7th November 2013, About 11 years ago

Reply to the comment left by "Alexander Simpkin" at "07/11/2013 - 20:26":

Welcome to the forum Alexander. Re what to do come December it seems most of us will pay increased rate and await our hoped for - and likely - victory in court.

Some like me are still considering cancelling DD and continuing to pay by SO at existing rate. I'm still tempted as I am strapped. Danger is like you say your credit rating will be trashed, out of spite mainly. And WB will give one month's notice for repayment in full of mortgage. No big deal as they will need court order etc so this can be stalled.

Mark advises us though, which is much worse - without a court order WB can extract payment directly from your rent payments, ie bypass you. Also should we lose in court your position would be bad as you wouldn't get any money back.

The pros and cons of seeking another lender you set out correctly.

Since our case is strong I would await Counsel's initial opinion due soon and if positive go for option 1/. if you can afford it. Meanwhile join the class action now so you are in on the financial benefits come the victory.

.

Mark Alexander - Founder of Property118

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7:53 AM, 8th November 2013, About 11 years ago

Reply to the comment left by "Alexander Simpkin" at "07/11/2013 - 20:26":

Good morning Alexander and welcome to Property118, I'm pleased to have confirmation that my continued efforts to improve the Google SEO of this thread are paying off 🙂

I am concerned that quite a few members may still be considering paying the current rates by standing order with effect from Dec 1st as this will run up arrears. WBBS may seek to obtain a possession order when they the arrears to have grown to an excess of two months payments. If these were not rental properties that would be their most viable course on action and could possibly play into our hands as we would be presented with the opportunity to argue our case in court as to why we were paying a lower amount. In the meantime, WBBS would probably be reporting the arrears to the credit agencies which, as Justin has said, would trsh credit ratings.

HOWEVER - as these are rental properties WBBS have the alternative solution of LPA receivership to consider and are far more likely to use that. Once an LPA receiver is appointed they are empowered to collect rents. We have another thread running where LPA receivers appointed by MX have even sold peoples properties for less than half the mortgage balances even after all arrears have been cleared. The legality of that is also being challenged but it has happened! Please take a look at this discussion, in particular the comments from Diana Stanger and Txa Little explaining their predicaments >>> http://www.property118.com/mortgage-express-or-mortgage-distress/43258/#comment-27445
.

Mark Alexander - Founder of Property118

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8:06 AM, 8th November 2013, About 11 years ago

Reply to the comment left by "Alexander Simpkin" at "07/11/2013 - 20:26":

PS - there are several things you can do whilst the legal process grinds on painfully slowly. I'd certainly recommend you to read through this entire thread as there are several innovative ways to increase awareness of the issue and to reach out to more affected landlords being discussed throughout.

We seem to have a core of around 20 particularly active and vocal supporters who have done everything on the To-Do list in the main article and much more, e.g. making contact with local Press and organisations which communicate regularly with landlords in order to recruit their support. Members have managed to persuade IFA's, Letting Agents, Accountants, landlord groups etc. etc. etc. to bring the matter to the attention of their clients/members. The more we get on board, the cheaper it will be for us all.
.

Mark Landlord

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11:44 AM, 8th November 2013, About 11 years ago

I have had a follow up letter from the FOS asking me to fill in their forms and send them back re the initial letter we sent to them putting them on notification that a complaint would be coming their way.

Am I right in saying we arent doing this until we get a template from Justin after counsels opinion ?

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