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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Dean

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12:42 PM, 19th November 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "19/11/2013 - 12:09":

That's clear (ish) .

So we need circa £100000. I don't think that's too bad actually . We must be halfway there. Im sure they are people reading this still hoping the rest will sort it out for them.

If that is you don't bank on it. Please join the Class Action . Compared to what it could cost you joining up is a immaterial amount.

Failure to do so will keep you out of the email loop from Justin and if there is an out of Court settlement that will be it , you will never get this opportunity again. Youll pay for West broms lovely new office block for years to come !!!

Dean

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12:44 PM, 19th November 2013, About 11 years ago

Reply to the comment left by "Concerned Landlord" at "19/11/2013 - 12:38":

If you are undecided , toss a coin . If its heads join

Mark Landlord

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12:58 PM, 19th November 2013, About 11 years ago

Letter sent to WBBS today in response to the 1.9% increase letter saying that no matter what they reduce it to - It is still Unlawful and not the mortgage agreement we entered into.

In the letter I made it quite clear that this was seperate complaint and should be treated accordingly.

As for all the other organisations that are supposed to help the law abiding citizens of this country it looks like they are either too frightened to get involved or worse still have no powers to intervene.

So court is where this will be settled and I am for one have faith that justice will prevail when we get there.

Mark Alexander - Founder of Property118

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13:02 PM, 19th November 2013, About 11 years ago

Last night I promised to write an article explaining the differences between the two types of brokers, i.e. advised - the ones you might be able to sue for professional negligence on a "no win no fee" basis for failing to point out the conditions now being relied upon by West Bron AND non-advised, which is more likely to be the broker service you employed to arrange your West Brom mortgage as this was by far the more popular business model at the time.

My article is now published and linked below.
.

Mark Alexander - Founder of Property118

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13:03 PM, 19th November 2013, About 11 years ago

Last night I promised to write an article explaining the differences between the two types of brokers, i.e. advised - the ones you might be able to sue for professional negligence on a "no win no fee" basis for failing to point out the conditions now being relied upon by West Brom AND non-advised, which is more likely to be the broker service you employed to arrange your West Brom mortgage as this was by far the more popular business model at the time.

My article is now published and linked below.
.

Tony the hairdresser

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13:29 PM, 19th November 2013, About 11 years ago

Paid 3 x £240 yesterday for my 3 x WB mortgages and sent recorded to Justin.

Can anyone answer a couple of questions please?

1)How do the Legal Insurance Underwriters decide whether this is case they wish to to take the risk on?
2) What is their criteria?
3) What is the current view of our advisers to us getting it?
4) When will we know for sure?

David Ellis

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13:32 PM, 19th November 2013, About 11 years ago

Mark, this should be the link to the WBBS web page where I found the 12 Page PDF file I mentioned earlier.

http://www.westbrom.co.uk/customer-support/guides/mortgage-guides/mortgages-made-simple

Mark Alexander - Founder of Property118

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13:41 PM, 19th November 2013, About 11 years ago

Reply to the comment left by "Tony the hairdresser " at "19/11/2013 - 13:29":

Hi Tony

It's difficult to answer these questions as it's all a bit of a mystery. There is no set criteria ever published, it's a bit like insuring a ship with a Lloyds syndicate. Counsels opinion is obviously a major deciding factor in establishing whether to take on the risk and what the premium should be. I suspect, but I don't know for sure, that the legal Counsels track record for being right will have some bearing on the premium too. It's important to note that 50% of barristers are wrong in every case assuming both sides have appointed one! Logic would suggest that legal Counsels experience in the given subject will have significant bearing too, e.g. the opinion of a junior Sports Law Barrister wouldn't carry too much weight in the eyes on an insurance company for our case whereas an opinion from a top QC with a strong track record of winning cases against banks will hold far more credibility. The insurers will also want a profit so expect their premium to be around 50% of the value of the perceived risk, plus or minus a bit based on the above. That's how we arrived at the indicative target costs for fund raising purposes.
.

Addicted to fighting the WBBS

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13:45 PM, 19th November 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "19/11/2013 - 13:02":

Mark - I would be very surprised if there was not One affected WBBS borrower who took their Lifetime Tracker from http://www.mortgageforce.co.uk and http://www.mortgageforce.net/leadingteam.php

Again, this was a wholly owned subsidiary of WBBS from 2005 - 2011 and I believe WBBS still retain a minority interest in following the sale back to the management team in 2011.

They have/had over 100 advisors selling BTL mortgages and the WBBS would have been pushing their products through their own intermediary channel that they owned, so by the law of probability, there simply has to be one of the 6,700 affected customers that were originated through Mortgage Force, or is there a more simple explanation ?

From this forum, If there is not One affected WBBS took out their BTL Tracker through Mortgage Force, then this raises questions:

1) Have WBBS decided to not include any 'qualifying' rate hike customer that was originated by its own mortgage broker due to the obvious bad publicity this would cause ? It would make WBBS look rather silly if they tried to screw over a customer that was introduced/advised by their own mortgage brokers....

2) We keep seeing the figure 6,700 affected landlords, but how do we know this is the maximum number the WBBS can spread their rate hike over ? Whatever the qualifying criteria (3 BTL etc), how do we know that there are not considerably more 'qualifying customers' WBBS could actually spread this hike across and why have they not decided to do this ? Why discriminate ?

3) If there are affected WBBS customers who were introduced/originated/advised from their Own Mortgage Brokers, then this is fantastic news as it would show once these customers got in touch with us, that even WBBS own mortgage brokers did not advise on the pitfalls/terms and conditions of their own mortgages being distributed through their wholly owned subsidiary.

JEREMY TEAGUE

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13:50 PM, 19th November 2013, About 11 years ago

My initial course of action was to continue with my existing monthly payment and let WBS take me to court and proove I was in arrears.. Apparently this wouldnt be the course of action they would need to take to re posess my property so I have changed my idea and now have a new " cunning plan "....
As from Dec my payment is due to increase by £300 per month. I will withhold this additional payment for Dec and put it towards the class action legal fees.. I will only ever be 1 month in arrears so the worst they can do is charge me fees, which I will get back when we WIN...

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