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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13:53 PM, 20th November 2013, About 11 years ago

Reply to the comment left by "Richard Adams" at "20/11/2013 - 13:18":

But Richard , if there was an offer on the table as a paid up member you would at least be able to make up your own mind and take it or vote one way or the other.

You have given yourself a choice .

If there are people out there watching and waiting I and I am sure many others would love to know why you have not joined yet.

You could easily set up on here with a false detail just to put your reasons across. Give us the opportunity to try and persuade you to join.

Im sure Mark would take your emails confidentially and add your points if you wouldn't be comfortable posting

Dean

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13:55 PM, 20th November 2013, About 11 years ago

Reply to the comment left by "Richard Adams" at "20/11/2013 - 13:31":

Commercial so cant get involved . Cop out !!

Stephen Pears - Mortgage Consultant HD Consultants

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14:08 PM, 20th November 2013, About 11 years ago

This may be of interest

I have recently read a trade press article that confirms the FCA has been approached by a number of lenders with a view to increasing their SVR's

Article dated 20/11/2013

A number of mortgage lenders have approached the Financial Conduct Authority to discuss possible changes to their tracker mortgage contracts, the regulator has revealed.

FCA supervision director Clive Adamson has written to banks and building societies outlining their responsibilities ahead of any variation to their standard variable rates or other contract terms. He said: “A number of mortgage lenders have engaged with us recently about changing their mortgage contracts, particularly on SVRs.

“We are writing to clarify our position on how you should engage with us if you want to change your SVR and remind you of the relevant regulations and rules that apply.”

Mortgage lenders do not need to notify the FCA before changing their SVRs, he said, but they must be able to show they have complied with regulation.

Lenders who take this step could find they are in breach of the Unfair Terms of Consumer Contracts Regulations 1999 or incompatible with the FCA Principles for Businesses, he said. Adamson also reminded lenders of the regulator’s plans to consult on fairness in the context of changes to mortgage contracts.

In May, the Bank of Ireland hiked rates on tens of thousands of tracker mortgages. Four months later, the West Bromwich Building Society announced plans to increase rates on 6,700 tracker mortgages by two percentage points this December.

The Law Department principal Justin Selig, who is acting for landlords affected by the Bank of Ireland and West Brom rate rises, said the regulator had previously described the Bank of Ireland rate rise as a one-off. He said: “It obviously isn’t a one-off. Look what happened with West Brom.”
He said if the landlords take on the lenders and win, their victory could prevent further rate rises of this kind:
“One of the things we are worried about is other lenders trying to use the small print to try to get themselves out of a tricky situation. We are trying to resist that as much as we can.”
While the FCA appeared to accept the lenders’ decisions, in October FCA mortgage and consumer lending director Linda Woodall stressed they should not set a precedent for other lenders. “We recognise that there is an issue to be debated in the industry about customers’ expectations and changing of terms and conditions, even if correct,” she said.

Chris Novice Shark Bait

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14:14 PM, 20th November 2013, About 11 years ago

Hello to all. Just wanted to leave an encouraging comment to all. I have read every word on this site. I e-mailed Mark many weeks ago but didn't post my storey here.
I sent Justin payment for 3 properties yesterday. The numbers will be growing all the time. If I have sat on my hands then I had my own personal reasons and justification. So, having got off the fence and joined this fight (we are attempting to fry other bigger fish), I feel confident that others, for their own valid reasons will come crawling out of the woodwork. Happy to help and contribute. Thanks for all the effort you have put in to get to this point. Chris.

David Lawrenson

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14:14 PM, 20th November 2013, About 11 years ago

Reply to the comment left by "Annette Stone" at "20/11/2013 - 12:14":

I agree.
I think it has to be a No to confidential agreements.
I'm not affected (yet) but I did pay money into the marketing fund to fight this case - and I hope that would mean, fight it all the way.

It is clear from The Times article today, and as was predicted by Mark here and by me at my own site at LettingFocus.com that there was every likelihood that other banks and B Socs are considering the same actions on their trackers.
This is now admitted to be the case.

All my own mortgages - every one is a tracker.
When I took them out I accepted paying a higher application fee and initial interest rate because I was prepared to bet that these deals would be best in the longer term.

I took the bet - and I won - and the lenders behind the tracker mortgages they advanced to me, all lost.

It is no good now them trying to wriggle out.
If you make a bet, and you lose, you have to honour it. This should apply to the lenders as much to any other member of society.

As I have advised mortgage lenders in the past I may have made myself unpopular with some of them now, as a result of my support for the campaign here.

However, I will not support unethical approaches in business and I have the view that just because some legal "get out" exists and just because the regulator is weak, that does not make it alright to do it.

D Lawrenson
http://www.LettingFocus.com

Dean

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14:19 PM, 20th November 2013, About 11 years ago

Reply to the comment left by "Annette Stone" at "20/11/2013 - 13:35":

It is a simplistic way , why would they try and use a complicated way ?

Yes people would disappear from the site . I was not involved with the BoI so know very little about what happened there. I am sure I read a post on here though that an Action was ongoing then it stopped. I also believe a number of affected borrowers suddenly were not affected anymore. Did anyone ever say why ? Have any of those people ever said anything? I was not posting so do not know what happened, but what if they were removed for being a pest ? Did a new Class Action start up with the rest?

Its taken nearly 2 months to get to where we are with a massive effort on a lot of peoples part. If those suddenly disappear why do you think those who have not contributed will suddenly rise up. They are not getting their hands in their pockets now with all our encouragement so what will make them do it when a group has gone ?

Who is to say the fund will still be here? It could be returned to everyone with the thanks but sorry councel can not persue .

I can confirm there are accounts with a 9 that are not affected. I am trying to get my hands on the documents, which I definately will. Mark is aware of this.

If funds are not available it will not go to Court . If the 97% don't start to contribute funds will be short and it is that 97% that could miss out.

The Article about the FCA in the Times relates to Consumers, they are suggesting we are not Consumers. Its morally wrong but that's what they are relying on.

The issue re the accounts. I assume you are an Managing Agent.

Lets say you charge 10% plus Vat to your landlords. I come along. I have 20+ properties. Do you want to manage these ? But I am only willing to pay 8% +Vat . You like the portfolio so take it.

Do you tell all the other landlords you deal with and change it to 8% for all? Will your accounts show I am only paying 8%? Or will your turnover just be 2% lighter than had you charged me the full rate?

No one outside of your organisation and me would ever know .

I am not being short sighted I am being realistic. I applaud your attitude to wanting to wrong rights. But you are preaching to the converted here. All those contributing funds and time have that attitude. You more than some as you are paying for something that in the short term wont affect you. But how long can 3% fight for 97% ? When do we say , if you cant be bothered yourself , you know what Im alright you look after your self. We all know people who just cant be bothered . You cant help some folk!

There are organisations that do help. Often they are weak. But WB are trying to use that weakness to their own advantage. Probably backed by a firm of solicitors going round all the banks and BS looking to do the same for a fee. The 97+% and all those not yet affected will eventually find this out to their cost. We can but try to stop it . We have to encourage the 97% to chip in, but if they don't we can not be held responsible for looking out for ourselves.

So if you were one of the 97% what would you do now knowing there is a possibility you could be left in the cold on your own ?

Yes we are on the same side

Dean

Dean

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14:31 PM, 20th November 2013, About 11 years ago

Reply to the comment left by "David Lawrenson" at "20/11/2013 - 14:14":

Many of us took that bet and won. Yes its wrong what they are doing . A bookmaker can be trusted above a banker !!

But if Mr A who is affected now and has done all he can to contribute but WB are charging him £1000+ per month in additional interest, he cant feed his kids or pay his personal mortgage, he cant sell his properties as they are in negative equity and he cant persuade the 97% of Mr Bs to help out who is Mr A going to look after ?

David Lawrenson

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14:49 PM, 20th November 2013, About 11 years ago

Story has also been picked up in The Daily Telegraph today....no doubt those of you who are signed up to the Daily Tory (lost my password) will add comments and direct readers to these pages?

http://www.telegraph.co.uk/finance/personalfinance/borrowing/mortgages/10462168/Regulator-warns-tracker-rate-rises-could-be-unlawful.html

Mike L

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14:56 PM, 20th November 2013, About 11 years ago

Reply to the comment left by "David Lawrenson" at "20/11/2013 - 14:49":

We're mentioned in the article! Great news!

Addicted to fighting the WBBS

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15:07 PM, 20th November 2013, About 11 years ago

FAO Mr Lee Carroll, Customer Relations Manager at WBBS.

Hi Lee and all 118 Forum Members.

Following our conversation on the phone just now, as you will no doubt be reading this message this afternoon, as you confirmed you and other WBBS staff are actively reading this forum on a daily basis and you even knew I was personally posting messages, this is an open invitation for both yourself and Mr Westhoff to share your views about his contingent resignation on the success/failure of the imminent legal proceedings. Please also feel free to share any other views you may have on any of the points you will note on this forum.

As I confirmed to you, please do not hide behind your Complaints procedures and bundle me off to The FSO, but please can we have the personal confirmation from Mr Westhoff about his resignation if your planned rate hike to pay for your new head office fails and Mr Westhoff has brought the WBBS and the industry in to disrepute.

If I deposited some money into an WBBS account, I guess that would make me a member and you would have to get a written response from your CEO, Mr Westhoff ?

KR, Stuart

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