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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15:39 PM, 16th November 2013, About 11 years ago

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

Thanks for clarifying Mark, cheque and docs for 3 mortgages on the way.

Dave Crazy 1

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6:43 AM, 17th November 2013, About 11 years ago

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

Mark , thanks again for your sterling work on this topic. The explanation you provided yesterday will have clarified the position for many. I am relatively new to the BTL field but the scenario you describe in relation to my first and indeed second BTL mortgages both with WBBS is me to a T ! But what does the term consumer based protection mean and will Justin steer me through this or is this something i should do in tandem with my class action work ?

Richard Adams

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12:08 PM, 17th November 2013, About 11 years ago

I too have now received the 1.9% only (!!) reduction letter and will be replying telling WB where to stick it.
An aside issue which springs to mind re the multiple/professional landlord issue. I have 5 BTL's so fall into WB's category. Were I in future to sell 3 of the properties which I may well have to do for unrelated reasons I would then fall outside the category. Presumably I could then advise WB and request that my present interest rate is reinstated? This of course would only apply were our class action to fail.
Am I right?

Paul Eastabrook

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12:46 PM, 17th November 2013, About 11 years ago

I think the "multiple" issue is largely a red herring. I have only one BTL and an interest in another but have still been targeted as a professional landlord. WB seems to make up the rules as it goes along.

Addicted to fighting the WBBS

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12:52 PM, 17th November 2013, About 11 years ago

Reply to the comment left by "Appalled Landlord" at "16/11/2013 - 13:46":

Hi - i agree with you. It is a Tracker mortgage but they are managing it like a Variable mortgage.

The multiple BTL landlord issue just seems to be a red herring that is very misleading and divisive amongst affected borrowers and is still being peddled without real explanation in the media coverage we have helped to obtain. We all know they have chosen these borrowers because there is no consumer protection afforded to them and has nothing to do per se with 'professional landlords'.

There should be a simple media message highlighting this very point, they have picked on the easy targets who have no consumer protection.

Page 94 of the Mail on Sunday (Front Page highlights the Cocaine taking by ex Chairman of Coop Bank) has an article by jeff.prestridge@mailonsunday.co.uk that highlights a WBBS affected customer called Stuart Wildman who has chosen not to participate in class action and is going it alone.

I believe Jeff could be a new contact to help spread our word and he is The Personal Finance Editor, which i believe i still am a consumer whether i own 1 or 50 properties.

Devon Landlords

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13:05 PM, 17th November 2013, About 11 years ago

Reply to the comment left by "stuart marshall" at "17/11/2013 - 12:52":

Thanks for pointing that article out Stuart - here is a direct link that I found to it:

http://www.thisismoney.co.uk/money/news/article-2508332/JEFF-PRESTRIDGE-Quiet-men-taking-Goliaths.html

Alexander Law

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14:21 PM, 17th November 2013, About 11 years ago

Reply to the comment left by "Peter Cole" at "17/11/2013 - 13:05":

Thanks for the link Peter - excellent article!

David Lawrenson

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17:23 PM, 17th November 2013, About 11 years ago

Just some random observations

Somewhat disappointed by response from National Landlords Association (NLA).

It's our view that they could do more, even if they are unconvinced (for some reason) that legal actions will not succeed.

I say this because if WBBS and BOI succeed in their action (or if they settle out of court or agree to reinstate their old tracker rate obligations with those who have bought a class action), then I have no doubt at all that the majority of other lenders will follow them, and our work has shown that most major lenders have the same get out clauses.

Therefore, the cost to landlords would be huge, in the long run, hence my intense frustration that landlords organisations have done so little to fight this issue or take it up with the government.

Other observations - I would not get hung up on this "what is a pro landlord" issue. As far as we know, what defines a pro landlord has never been defined - only loosely referred to as a vague principle in the Foxtons judgement. Perhaps I am wrong.

It is mind boggling why the vast majority have not joined the campaign, given what they have to lose.

Final question. Is there any possibility/ intention to come to an agreement - say Property118 / Justin agree with WBBS for those in the class action to be put back where they were.

If that happens, then I would be saddened, as the WBBS would get away with this for the vast majority of their tracker customers. Also, the way is then open for other lenders to do the same thing and be sure that all they would need to do is come to an agreement with the tiny numbers of people who could be bothered to fight it.

What would be the position of Property 118, should WBBS and BOI propose this?

Sorry, if this has been answered elsewhere but it's not clear from the summary what would happen.

David Lawrenson
http://www.LettingFocus.com

Richard Adams

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17:36 PM, 17th November 2013, About 11 years ago

Reply to the comment left by "David Lawrenson" at "17/11/2013 - 17:23":

To settle or not David has indeed had quite a few posts a little while back. I think I am right in saying as of now the position of Property118 is NOT to settle if the offer is made. Mark will doubtless confirm what I believe to be the case.

ROSEMARY BOSWORTH

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17:39 PM, 17th November 2013, About 11 years ago

Reply to the comment left by "Richard Adams" at "17/11/2013 - 12:08":

Selling of properties.
Already asked this question of WBBS they have stated that the increase would remain in place as at the time of their decision I was positioned as a customer with multiple buy to let properties.

So no get out there.

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