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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Addicted to fighting the WBBS

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9:40 AM, 19th November 2013, About 11 years ago

Reply to the comment left by "Mark Landlord" at "16/11/2013 - 11:58":

I have just received the following email from Lee Carroll, Cust Serv Manager at WBBS (lee.carroll@westbrom.co.uk) which was as another response to my email below.

I find it interesting they felt the need to qualify the reduction from 2% to 1.9% when they earlier confirmed there would be no further comment to make:

"Mr Marshall

I have nothing further to add to my previous responses and would like to make you aware that we will not enter into any further correspondence in relation to this matter.

While I note your comment in relation to the variation of the increase, I can assure you that this is to reflect changes in market conditions since the original mailing.

If you wish to escalate the matter further, please contact the Financial Ombudsman Service as detailed in our final response.

Regards, Lee"

MY EMAIL SENT TO LEE CARROLL

Dear Lee
Thank-you for the reply.
We believe it is a legitimate question about the resignation of J Westhoff if the courts of Law in the UK determine the actions that were signed off by Mr Westhoff are proved to be unlawful.

If Mr Westhoff is so convinced that the actions that he sponsored are both morally justified and lawful, then why is he so scared about offering his resignation if the courts determine these to be unlawful ?

We would forward to a personal response from Mr Westhoff.

The recent 'tactic' of varying the 2% unlawful increase to 'only' 1.9% to 'reflect' market conditions is a pathetic and totally transparent attempt to support your weak attempt to justify your business decision methodology.

kind regards, Stuart Marshall"

Dean

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10:05 AM, 19th November 2013, About 11 years ago

Reply to the comment left by "stuart marshall" at "19/11/2013 - 09:40":

What a great way of dealing with complaints.

Steal from someone, then when they complain refuse to give them a reason but point them in a direction of an organisation that cant do a thing.

West Brom will be laughing at the FOS .

David Ellis

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10:34 AM, 19th November 2013, About 11 years ago

Reply to the comment left by "Scotty Lifetracker" at "18/11/2013 - 23:56":

This comment by the WBBS regarding Tracker Mortgages has been removed now by well over a week as when I looked on their site about a week ago it wasn't there. There is virtually no mention anywhere on their site about tracker Mortgages but now concentrating on Fixed Rate Mortgages. The only place which could be very useful for us I could find on their web site about Tracker Mortgages was in a 12 Page PDF File which was on their web site called "mortgages made Simple" "Our guide to taking out a mortgage" On Page 5 Headed "About our Mortgages" "The Mortgage Products Available" They list Fixed Rate Mortgages, Tracker Mortgages and Variable Rate Mortgages. Their comments under Tracker Mortgages is " A tracker mortgage links your interest rate to The Bank of England Base Rate so your monthly payments move as this changes. This means you could benefit from cheaper payments when the Bank Base Rate is low but you will also need to budget for higher mortgage payments in case the rate goes up" Their comments for Variable Rate Mortgages is "There are several types of variable rate mortgages, including standard variable and discount. Like Tracker Mortgages they don't offer protection from future rate increases but they could allow you to benefit from cheaper payments when interest rates are low.
Standard Variable Rates are often set by the individual lender which means they might change without the Bank of England moving the Base Rate. This includes the West Brom so our Standard Variable Rate (SVR) may change from time to timewithout the Base Rate Moving . If it does change we will write to you with plenty of notice to let you know if your mortgage payments will be going up or down." Absolutely no mention in their definition of Tracker Mortgages of them being able to put rates up apart from bank Base Rate changing. This is not the case with their SVR Mortgages. Clearly we all know that they are using the argument being we are landlords of multiple properties we have no protection and see fit to treat our Tracker Rate Mortgages as SVR Mortgages. Mark might this 12 page PDF File help our case with their definitions of mortgages?

Dean

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10:46 AM, 19th November 2013, About 11 years ago

Reply to the comment left by "David Ellis" at "19/11/2013 - 10:34":

How will they ever be able to justify this financial rape !?

Their own website says what we are arguing yet they wont even give us the decency of a reply because they don't think we have anyone we can complain to because they know the FOS is weak !

Surely a Court has to take our side ?

I really am starting to think that once we are seen to be seriously going to Court our legal team will be contacted for a settlement. Is anyone else thinking the same ?

If they do this then I think the offer will only be on the table for those registered. So I would suggest to anyone still hoping that this gets sorted without them getting their details to Justin to think very seriously about trying to save £240 !?

Dean

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10:49 AM, 19th November 2013, About 11 years ago

Mark

I cant get my head around the way we will need to pay the legal fees and this Insurance premium you keep mentioning.

Could you summarise making it as simple as possible . An idiots guide to the British legal system if you will please

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10:55 AM, 19th November 2013, About 11 years ago

me either Dean! Felt like 2 negatives to me last nigth

Richard Adams

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11:15 AM, 19th November 2013, About 11 years ago

RE THE LANDLORD & LETTING SHOW AT STONELEIGH NEAR COVENTRY 27 & 28 NOVEMBER.

I have posted before that I am attending on the 27th to hand out flyers and engage with landlords with a view to having them join our campaign with obvious emphasis on any WBBS tracker mortgage borrowers I meet.

Does anyone else fancy joining me on the day? Hours are 1000 to 1730. It would be great to meet anyone so intending. I can't be there on the 28th so again does anyone wish if able to be there that day?

Please contact me on richardadams5@hotmail.com or 07961452182. E tickets for free entrance to show can be got in advance.

Mark Alexander - Founder of Property118

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12:09 PM, 19th November 2013, About 11 years ago

Reply to the comment left by "Dean Turner" at "19/11/2013 - 10:49":

Hi Dean

It was a bit difficult for me to get my head around too.

If we lose the case then West Brom will apply for a costs order. That’s why we need insurance. We don’t pay for the insurance up front though, we only pay the premium if we win the case. If we lose the insurer pay the costs order to West Brom.

If we win the case then our legal Counsel will get a costs order against West Brom for their fees, but we will still have to pay the legal fees insurance premium. As of April last year is was no longer possible to claim insurance costs from the loser of the case.

Therefore, win or lose we need £100k. If we lose we need the money to pay our lawyers, if we win we need the money to pay for the insurance.

So ....

Win = £100 000 to Insurance company . Our legal fees paid by WB

Lose =£100 000 to our legal team. WB get their legal fees from our Insurance company who have not had a premium ?

Is that clear now?

PS - if we don't buy the insurance and we then lose, not only would we have to pay our own legal advisers, we would also have to pay West Brom's legal costs out of our own pockets and heaven only knows how much money they will throw at this. It was very clear from the outset that we would not ask the named individuals who are party to the Class Action to accept that risk. Therefore, if we do not raise enough money the legal action will not begin.
.

Mark Alexander - Founder of Property118

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12:18 PM, 19th November 2013, About 11 years ago

Reply to the comment left by "David Ellis" at "19/11/2013 - 10:34":

Hi David

Please post a link to that PDF you have found. This could be VERY useful as it clearly differentiates a standard variable rate from a variable rate which is a tracker mortgage.
.

Concerned Landlord

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12:38 PM, 19th November 2013, About 11 years ago

The fact that WB have removed the page from their website can work for us - although they might claim that it was because they don't do tracker mortgages anymore - however, the timing of it will be favourable to our case.

To me the case is very straight forward and a top notch barrister on our side should be able to put a very strong case to the court. I see no other solution to our situation - FOS is very likely to postpone looking at this till the legal side has taken its course and it then might simply follow the court's ruling.

I urge all on the side line to join in - I stress that I think we have a very good case and the negative publicity around the banks can further strengthen our case.

Over 44000 hits and only 220 serious participants!!! Come on guys and gals its really time to put your money where your mouth is...

A simple math: if 1000 people join us the cost to all will be about £100... Enough said I think...

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