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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20:26 PM, 14th November 2013, About 11 years ago

Reply to the comment left by "ROSEMARY BOSWORTH" at "14/11/2013 - 20:06":

Hi Rosemary

Did you pay Connells to arrange the mortgage for you or did you pay them for professional advice? There is a big difference! I suggest you check your paperwork including their Terms of Business, their invoice and whether the KFI said the mortgage broker service provided was advised or non-advised.

Did you use a solicitor?

I do feel for all the mortgage brokers who arranged these mortgages, I was one of them at the time and the West Brom promotional material and ambiguous terminology certainly had me fooled.

In additional to doing everything that Justin and the QC recommend I am also planning to make a complaint to advertising standards. I doubt the outcome of that will be anywhere near as powerful as the stuff Justin and our legal team are working on, however, if the ASA agree that West Brom's promotional materials were misleading it will certainly not do our legal case any harm will it 🙂

I'm not planning to involve Justin in this as I know we need to use all money in the legal fighting funds sparingly. I will, however, keep the forum updated with my progress and if it looks like I'm getting somewhere I may well be asking everybody to submit an identical complaint to mine 😉

Onwards and upwards.
.

Dean

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20:29 PM, 14th November 2013, About 11 years ago

Reply to the comment left by "ROSEMARY BOSWORTH" at "14/11/2013 - 20:06":

I don't think the advisors can be blamed. The T and C s were never meant to mean what west brom are saying they mean. That is the whole point. West brom are making this up. Thats why they needed to get external legal advice. If there was ever any way our rates could have been varied it would have referred to it in the offer and loan agreements. Then there would have been no reason to obtain external legal advice and they would have done it years ago.

These people are immoral unethical individuals, lower than a snakes belly. They are trying it on in the hope we won't have enough support and money to bring a strong enough case to court. That's our weakness. We need to ensure more and more sign up. If you are reading this forum and are affected and have not sent your money to Justin yet, do do this weekend at the latest. Don't rely on the rest. I know people really want this to come to a positive conclusion for everyone. But if there is not enough money to take this to court and west brom come up with a deal just for those registered then that will be the only alternative. It's no good wanting to join after a line will have been drawn.

As things stand I'm so pleased I've got my documents in. It's £240 . I wouldn't want to be left on the outside not knowing what's happened.

Now I'm not saying that west brom will make an offer to leave all those who are listed in the class action on the original terms. But there is absolutely nothing to stop them. If you believe there is then why are we in the situation in the first place. These people will try and get away with whatever they can.

If I were the directors of west brom ( and had all my morals and ethics surgically removed) I would be saying there are around 200 who are making a right fuss here. Get together with whoever represents them make them an offer that their agreements stay the same as originally agreed and shut them up. That still leaves 6500 , so probably over 7500 + loans.

It's took these 200 weeks to get £50000. The rest won't have a chance of organising anything on the same scale otherwise they would be in now. This would cost them less the £1m per year so they would still have £16m plus extra.

It's just my thoughts but I'm glad my name is in the hat. If yours isn't sleep on it and get up tomorrow and ask yourself can you take the chance that you might be left out. .
.?

Mark Alexander - Founder of Property118

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20:35 PM, 14th November 2013, About 11 years ago

Reply to the comment left by "Dean Turner" at "14/11/2013 - 20:29":

If we can get a few hundred solicitors to say the something similar about the T&C's to what you have said Dean that will definitely help!

If all of us who paid for our solicitors to advise us get a response from our solicitors admitting they screwed up that could be a game changer. Those borrowers will be able to claim on their solicitors PI insurance and the others will have a problem.

However, what are the realistic chances of any of the solicitors admitting they screwed up? I'm thinking of a round number, can you guess what that round number might be? LOL
.

ROSEMARY BOSWORTH

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20:42 PM, 14th November 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "14/11/2013 - 20:26":

West Brom paid them the fee, declared on my loan offer. Yes I did use a solicitor they also do not read any T&C'S and deny any responsibility. KFI States advice. WBBS have stated that the advisors were aware of the clause I hope that is recorded when I obtain my records.

Dean

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20:55 PM, 14th November 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "14/11/2013 - 20:35":

I wrote to my solicitors very early on in this. We used them about 20 times I think. Plus I passed them onto around four other people. I've not even had an acknowledgement to my letter. So if we end up trying to sue them I won't have any qualms. If fact it would be a pleasure. I only wanted them to acknowledge my letter.

Ps. I'm guessing the number you are think is nil ?

Mark Alexander - Founder of Property118

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21:01 PM, 14th November 2013, About 11 years ago

Reply to the comment left by "ROSEMARY BOSWORTH" at "14/11/2013 - 20:42":

Hi Rosemary

On the basis that your broker made an advised sale then you may well have a claim against them, same for your solicitor. I'd suggest you send copies of the correspondence you are quoting to Justin to be used as evidence against West Brom.

I very much doubt that Justin's will be taking action against brokers or solicitors as that is not the remit of his instructions for the Class action. However, he will be helping us to rattle a few cages in order to gather evidence against West Brom.

I'm sure Justin would be pleased to take your instructions to commence litigation against your solicitors and your broker, however, and I say this with no disrespect to Justin, you will probably be able to find a far more economical alternative, e.g. a "no win no fee" solicitor specialising in financial services and legal negligence claims. I also plan to look into this myself and will share what I decide to do here. I do have a lot of contacts in legal circles and will be putting the feelers out once I know the contents of Justin's updates over the coming weeks.

The fact that West Brom paid a fee to your broker is a "red herring" by the way. This would have been a procuration fee which is in no way connected to whether advice was provided by the broker to you or not.
.

ROSEMARY BOSWORTH

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21:16 PM, 14th November 2013, About 11 years ago

Thanks for you advice will forward docs to Justin.

So Wbbs paid commission to sell us a product without giving all the facts? Good way to increase business

Not sure a solicitor will take this on no win no fee let me know if you find one.

Thanks for all you hard work and advice

Mark Alexander - Founder of Property118

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21:44 PM, 14th November 2013, About 11 years ago

Reply to the comment left by "Dean Turner" at "14/11/2013 - 20:55":

LOL - zero is the roundest number on my keyboard.

Mark Alexander - Founder of Property118

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21:45 PM, 14th November 2013, About 11 years ago

Reply to the comment left by "ROSEMARY BOSWORTH" at "14/11/2013 - 21:16":

Thanks Rosemary 🙂
.

Devon Landlord

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22:04 PM, 14th November 2013, About 11 years ago

Mark,

Please can you clarify something for me. I registered my interest in joining the class action and sent off the template letter to WB 10 days ago requesting the copies of all of the documents as outlined in the letter. As yet nothing has arrived form the WB. I was planing to send these documents along with my payment (cheque) together. I am now reading that I will not be a recipient of Justin's advice regarding the way forward unless I am a paid up member. So, my question is as follows;

1. Should I remain in the dark until I receive my docs and then send them off along with my payment?

2. Will the forum be updated with a 'high level' but non specific update regarding the viability of any action without mentioning strategy etc.

3. Should I (could I) make payment on-line without sending any docs. If so, I guess there will be no issues in matching up my payment with any subsequent documents that I send to Justin?

If point 3 is your suggestion, how do you know that I am not a WB insider simply paying £240 (without docs) to get the low down on what action we are thinking about?

On another note, I have read a few reference to Subject Access. I am not sure what this is and if this is something I need to be progressing.

I have pulled out my original docs and have noticed that the mortgage was 'recommended' to me by Charcol who also received a fee from WB. This seems to be a familiar story, do you think I have any chance in suing them in addition to any class action we are taking against the WB.

Any comments would be appreciated.

Alexander

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