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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10:38 AM, 15th November 2013, About 11 years ago

As a side issue, my solicitor and one mortgage advisor I used for many purchases went out of business some years back.

Does anyone know if I would be able to claim against insurance they presumably had in place at the time, and how on earth would I trace it?

Mark Alexander - Founder of Property118

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10:44 AM, 15th November 2013, About 11 years ago

Reply to the comment left by "David Vickers" at "15/11/2013 - 10:34":

Hi David

I wouldn't expect brokers to read mortgage conditions booklets and point out any unusual clauses either. However, I don't think that's ever been tested in Court to my knowledge. Clearly the non-advised brokers have nothing to worry about whatsoever but I'm not so sure about those who completed advised sales.

Solicitors, on the other hand, are definitely paid to point out adverse conditions. It will be very interesting to see what they have to say for themselves. Will they incriminate themselves (I doubt it) or will they provide us a lot more evidence we can use against West Brom. I sincerely hope it's the latter 🙂
.

Dean

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10:53 AM, 15th November 2013, About 11 years ago

Reply to the comment left by "Ken Rose" at "15/11/2013 - 10:38":

As Accountants we have to have PI Insurance in place for a number of years after we retire. I think that might be one premium paid that goes forward. I am not at that point yet so don't know.

I don't know what would happen if we went into liquidation as we have to have PII , if it would stay in place as all work would have been done while insured
But you may find the Law Society have cover in place for these things. Start by contacting the Law Society

David Vickers

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10:54 AM, 15th November 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "15/11/2013 - 10:44":

Totally agree Mark. What do I advise clients now re tracker mortgages? Maybe we need another warning on the documents like' 'Your home maybe repossessed if you do not keep up repayments on your mortage', maybe this should also say. 'Your mortgage may become unaffordable if your lender decides to increase your monthly payments at there discretion or anytime it wishes to raise extra cash'.

Mark Alexander - Founder of Property118

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11:10 AM, 15th November 2013, About 11 years ago

Reply to the comment left by "Ken Rose" at "15/11/2013 - 10:38":

Hi Ken

They should have purchased "run off insurance". I'd suggest you call The Law society about your solicitor, not so sure about the IFA, were they a member of a network?
.

Kevin Ivie

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12:38 PM, 15th November 2013, About 11 years ago

Just received a letter from West Brom ""as a landlord of multiple properties".... "over recent months we have noted some improvement in market conditions and can confirm that the percentage we add to Bank Base Rate on your buy to let tracker mortgage will increase by 1.9% on 1 December" !!
So obviously they are trying to establish a history of movements on the premium charged over the base rate as a tactic. And.. looks like they are having to do this as we up the pressure with our action!

David Vickers

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12:41 PM, 15th November 2013, About 11 years ago

Received my post with 3 letters from west brom advising of new increase by 1.9%, it also states my new direct debit payment as of 1st December. Increase of £160 per mortgage per month. Going to be £480 per month worse off!! Letter from Paul Field Director of Mortgage Operations

Badger

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12:42 PM, 15th November 2013, About 11 years ago

Reply to the comment left by "Dean Turner" at "15/11/2013 - 10:53":

I can confirm that solicitors PI insurance does live on for claim purposes after the demise of the original firm.

In the last couple of years I have been paid out by insurers for one claim and am on the cusp of being paid out for another (different firm of defunct solicitors!) shortly.

So it is worth making a claim although it is not always straight forward.

Appalled Landlord

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12:51 PM, 15th November 2013, About 11 years ago

I haven't received a letter changing the increase yet but when I do I will again reply and reject it, in case silence is deemed consent.

WB Mortgage Company Ltd are going to take unauthorised amounts from our bank accounts by Direct Debit. Is there a body that runs and supervises the Direct Debit Scheme that we can appeal to in order to stop the company doing so?

Justin Selig - solicitor

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13:20 PM, 15th November 2013, About 11 years ago

LEGAL ACTION UPDATE:

We have now had initial feedback from our barrister (although not yet a written opinion). Following his advice we will be dealing with those borrowers who had two or less properties at the time they took out the WBBS loan in a different manner to those who had more than two properties. Whilst we asked that question in our original email to everyone, not everyone has provided us with that information. If you had two or less properties at the time you took out the WBBS loan please let us know as soon as possible. The opinion has raised a number of questions which we need to answer before getting a definitive answer on our likelihood of success, which we will endeavour to do as quickly as possible.

We are preparing two documents for everyone who has signed up with us which will be emailed next week – the first one is for those borrowers who engaged their own solicitor to act for them when they took out the loan with WBBS. The second document is the complaint form and covering letter to send to the Financial Ombudsman Service. I have been in touch with the FOS to advise them to expect a large number of complaints regarding WBBS, so they are expecting them. However they did say it would take them some time to deal with everyone’s complaint as they each have to be dealt with individually and fairly.

We have also engaged a QC to assist in providing strategy on how to bring the case against WBBS. He will be reporting back to us within the next couple of weeks.

We have had four more sign ups this week.

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