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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Scotty Lifetracker

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19:56 PM, 15th November 2013, About 11 years ago

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

Hi Mark,

I have received legal advice, that although I am resident in Scotland and my 3 buy lo lets mortgages are in Scotland, I should still be eligible to join the class action. If I send my payment of £720 and this is not the case will I receive a full refund ?

If legal opinion is not positive will I receive a pro rata refund less expenses if the class action doesn't proceed ?

I am planning to send my payment by online banking this evening, should I put my name and WBBS mortgage account numbers as reference so Justin can identify when he receives my documentation next week .?

Thanks

Ian Burton

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20:51 PM, 15th November 2013, About 11 years ago

Hi Mark/Justin
Just a simple question. Justin poses questions but no answers in that he says 2 or less, what about 3 or more? Own solicitor, what about Enact i.e. their appointed solicitor? I ask this as it is sensible to at least allay worries for the other people involved even if only to say e.g. as yet for the other categories we do not have a definitive action. Some what like the motorway signs giving conciliatory information even if its not really saying much.

David Ellis

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21:45 PM, 15th November 2013, About 11 years ago

Reply to the comment left by "Justin Selig" at "15/11/2013 - 13:20":

Justin this 2 or less properties at the time we took out our WBBS loan are you referring to just BTL properties or are we also to include the property where we lived and wasn't a BTL property.

Concerned Landlord

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9:14 AM, 16th November 2013, About 11 years ago

Justin, would you please clarify the followings:

Should this include BTL properties only?
Should this include the actual property being mortgaged?
Should this include properties exchanged on but not completed?

Do we email this information to you or post?

Thanks

Mark Alexander - Founder of Property118

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10:43 AM, 16th November 2013, About 11 years ago

RESPONSES TO LAST NIGHTS QUESTIONS

Hello All

Sorry I didn't respond to comments last night, just so you know for the future, I'm always out with my wife and friends on a Friday evening and generally don't look at my PC after 5pm.

Most of the questions I received last night on the forum and to my personal email address related to Justin's comment regarding the number of mortgages/properties we had at the time of taking out our mortgages with West Brom and what if only used West Broms were used. Therefore .....

If you owned your own home (with or without a mortgage) at the time your took your FIRST buy to let mortgage ever and that was the mortgage you took with West Brom then you should be entitled to consumer based protection. If it was your second ever buy to let mortgage then your entitlement to consumer protection begins to fall into a grey area and it gets greyer for each subsequent property/mortgage you owned. Therefore, I suggest you tell Justin what your circumstances were at the time of doing a deal with West Brom. It is then for Justin and Counsel to decide what to advise you.

If you used West Brom's lawyers only then you SHOULD have been advised to take independent legal advice. If you didn't that was your choice. That doesn't mean that you don't have a claim against West Brom, it just means that you don't have a potential claim against your solicitor and that Justin's advice to you will not include the correspondence you need to send to your solicitor - simply because you didn't have one.

Regardless of where you are located, if we do not raise enough money to purchase legal fees insurance then fees on account will be returned less a deduction for the legal work to get to that stage, shared pro-rata against the fees paid per property with everybody else who has contributed to the legal action fund. The budget set for the initial legal work including Justin's fees and advice from Counsel was £15,000 and that budget still seems realistic. I have answered this question only because it has been asked. I would obviously not be putting as much effort into this if I thought for one minute this scenario was likely. I would also point out that even if we don't go to Court then we could still eventually win when the FOS eventually make a decision. Don't hold your breath for that one though. They have been pontificating in how to deal with the BoI complaints since Feb 2013, that's how to deal with the complaints, not the final decision!!!

Also with regards to acceptance into the scheme, if you can't be included in the legal action for whatever reason, being located in Scotland for example, then 100% of any fees paid will be refunded. There may be other reasons you can't be included in the legal action, I can't think of one off the top of my head, but if you can't be included the same 100% refund of fees paid would apply.

Justin will send an email to you next week, I suspect all will be much clearer then. I haven't seen that email yet so I can't say whether it will be better to respond by email or whether we will need to obtain more information and send it by post. I do know that those of us who instructed our own solicitors to advise us will have a letter template to use to send to our solicitors. Obviously Justin will be wanting us to deal with that ASAP and get our solicitors responses back to him ASAP as these responses may well be required as evidence to progress the case and are certainly required for Counsel to complete the advice and recommended strategy.

I trust this answers all questions from last night, if not, please re-post.
.

Concerned Landlord

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11:28 AM, 16th November 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "16/11/2013 - 10:43":

Thanks Mark for clarifying those points.

Hopefully returning the funds back won't be needed. I for one am prepared to contribute as much as it takes to see this to its conclusion - say half of those already in the action group feel the same way we should easily see this through...

I am also at a loss to see why 6400 affected people are not joining - mind boggles! What are these guys thinking? I'd be loosing £4400 a year and it just makes financial sense to get WB decision reversed...

George Top

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11:30 AM, 16th November 2013, About 11 years ago

Thanks for your responses to the questions posed Mark.

Do you have any thoughts on the reason for WBMC change of interest rate increase to 1.9% and the implications this has for legal action?

Concerned Landlord

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11:45 AM, 16th November 2013, About 11 years ago

Reply to the comment left by "Helen Landlord" at "16/11/2013 - 11:30":

A number of reasons I guess - for one thing they want to be seen that they are fair! (a joke, I know!) Also, it is possible that after the barrage of opposition they know that in a court of law they need to justify this in accountable detail so having revisited their books and with all fudging they could muster they've come up with a figure of 1.9%....

I do think this's made their position weaker rather than stronger suggesting that their action wasn't thought through properly.

Alternatively as opportunistics as WB really are they think 1.9% sounds less aggressive than 2% for exactly the same reason as everything is priced £X.99....

Mark Landlord

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11:47 AM, 16th November 2013, About 11 years ago

Received my letter from West Brom last night mentioning that they are going for a 1.9% increase now and what my monthly payment will be from next month.

Somebody mentioned sending a letter back to them in reponse to the latest 1.9% letter to say that we are still disputing it incase silence is deemed as acceptance. Will sent a reply to them next week.

Still wonder what their gameplan is with the 1.9% though !!

Also received a letter back from my MEP Fiona Hall saying that she was also going to write to Sajid Javid MP at the Treasury and let me know when she heard back from him. I know most people have written to their MP but if you can, send one to your MEP too as the more letters going to the Treasury the better.

Keep up the good work everyone!

Mark Alexander - Founder of Property118

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11:52 AM, 16th November 2013, About 11 years ago

COMPLAINT TO ADVERTISING STANDARDS AGENCY

I have just completed my online complaint to the ASA. It is a five step process. The basis of my complaint was target only at the statement of the west Brom Website.

If you want to do something similar this is the link to get you started >>> http://www.asa.org.uk/Consumers/How-to-complain.aspx

Step 5 of the complaint process is the basis of complaint, below is what I wrote .....

The West Bromwich Building Society website said

“Tracker mortgages give you the certainly of knowing that the rate you pay will move in line with Bank Base Rates”

I took this at face value, as did 6,700 people who purchased this product.

Bank Base Rates have not moved for nearly 5 years but West Bromwich Building Society have decided to increase the interest rate on my buy to let mortgage by 1.9% as of 1st December 2013. Therefore, my complaint is the statement on the West Bromwich Building Society website was misleading. This is the sole purpose of my complaint to ASA at this stage.

For further information .....

West Bromwich Building Society are pointing to small print in their Mortgage Conditions to justify this increase and I am taking legal advice together with a large group of other affected borrowers about this. I also believe their mortgage documentation was misleading and that their hike in interest rates is not legal but that's another story.

You may also wish to note that West Bromwich Building Society also believe they have the right to call in these mortgages within 28 days, even if their customer isn't in default. They are actually using this as a veiled threat in response to complaints from their customers about the interest rate hike. The legal action group I am part of are also taking Counsels advice on this point as this appears to be out of sync with the rest of the mortgage market.

I backed this up with the following link with an explanation that I took this screen shot from the west Brom website and now host the screen shot on my website as evidence for all to see. Link here >>> https://www.property118.com/wp-content/uploads/2013/09/West-Brom-Screen-Shot-21.png

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