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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Concerned Landlord

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15:25 PM, 20th November 2013, About 11 years ago

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

Thanks David for that - very interesting, particularly:

The letter, from Clive Adamson, the director of supervision at the FCA, warned such changes could breach consumer law and the regulator's principles for business.

The FCA previously declined to comment on the rate hikes because the buy-to-let sector is not regulated. But in September it admitted there was an issue of fairness that needed to be addressed.

A spokesman said: “There is a wider issue to be debated with the industry about fairness in the context of changes to mortgage contracts. We intend to publish a discussion paper on this subject later this year.”

Justine perhaps would be interested in "the regulator's principles for business" and the all-important 'fairness' in any business transaction...

All positive stuff - well done to all...

Andy Bell

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16:00 PM, 20th November 2013, About 11 years ago

Finally got my 1.9% letter for one mortgage. Does it affect my position?

NO!

As this is probably the best place to communicate my feelings directly to the top of WB:

I won't be happy until WB tell me that they are wrong and have no legal right to change the margin at all from what I signed up for. If they think I'm going to settle for anything less, they should think again. They made a big mistake taking on people like myself that don't just stand around with heads between their knees ready to be shafted. (Affected but as yet un-joined, I would find that quite uncomfortable). I want this sorted now and for the lifetime of the mortgages. With a knock on effect that I'll not have to fight the same fight with any other lenders.

If I have to pay more in to the fund, I will. With more coming on board and the strength of support, the target will be reached and I'll see WB in court.

If they want to back down and admit their mistake, in public, before it goes to court then I don't mind if they take the opportunity to apologise, work some PR magic and save some semblance of respect. I suggest that this should be carefully considered by the non-exec directors as well as those on the board who may have misgivings about the whole episode. It is their personal reputations on the line as well as that of WB. I hope they are listening and take a stand against those who forced through this ill-considered and immoral plan.

To those with WB mortgages "sitting on the fence" - Join us, this side of the fence is much more comfortable. As a landlord you took some bold decisions in the past to protect or potentially better your financial situation. Remember what taking control felt like? In comparison this is such a small and cheap step to make.

Annette Stone

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16:12 PM, 20th November 2013, About 11 years ago

Dean

I am a block managing agent by profession so I am not quite in the situation you describe. However, I also have a substantial buy to let portfolio which I have accumulated over the past 20 years to be my pension so I am affected indirectly if no substantive decision is reached on this issue.

As far as the current discussion is concerned I am not going to respond to you further because others who are directly involved clearly agree with me and also clearly feel that this is a time to stand up and be counted and not even think about the possibility of doing a deal.

I think that issue should be shelved permanently. Mark has made his views clear as have a number of other contributors who have clearly done a huge amount to make this campaign as effective as it has been.

One of the most startling points is that the Press has started to come around to the idea that the buy to let landlord is as entitled to security vis a vis his loan and we should be building on that and be ever more determined to stop wbbs in their tracks and put off any one else who would like to try this one on.

I have nothing else to add but my good wishes to everyone with the determination to see this right through to the end. You have my admiration and my support

Dean

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16:19 PM, 20th November 2013, About 11 years ago

Reply to the comment left by "Annette Stone" at "20/11/2013 - 16:12":

Ok but I hope the 97% don't take your side ?

chrisbusy

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16:23 PM, 20th November 2013, About 11 years ago

Sorry all...too busy to give all thoughts right now but just to add that i would personally be very happy to double or treble my initial £240 to get the fund where it needs to be and i know that i am not alone in that determination.
Further thanks to Annette for getting involved in a fight that is not ( YET ) hers and respect to all of those who have done similar .
I am not expecting a deal offer from WB as i am sure that their counsel will have advised them to their satisfaction ( wrongly i suggest but there ! ) so lets get 100K + together and really start this fight ! !

Andy Bell

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16:23 PM, 20th November 2013, About 11 years ago

Having just read read through the weekends comments it's great to hear from everyone who's recently joined the action. Welcome aboard.

(WB just think how many more join every week- this isn't running out of steam)

It's also heartening to hear from those who are supporting but not directly affected (yet). Personally I'm in the fortunate position of being directly affected and so can contribute to the legal fund. I'm can only speak for myself in saying that our goals are the same.

Cheers Everybody.

David Lawrenson

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16:41 PM, 20th November 2013, About 11 years ago

If there was a deal offered for the small percentage who have signed, and if folk accepted, that would clearly be in lenders' interests.

Because even if the deal was somehow made public or leaked, clearly, any other lender would know that they could follow WBBS and reasonably expect that 95% or more customers would simply take no action. And settling with 5% (and probably lot lower percentage as tiredness would set in) would be a small cost indeed.

So, unless you had only trackers with WBBS, you would be rather foolish to settle because a few weeks or months later you would be having to fight another action with the next lender, and so on.

So, the only real solution would appear to be a win in court and set a precedent to prevent other lenders following suit and trying to invoke hidden clauses to claw back poor lending /product decisions.

Annette Stone

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16:46 PM, 20th November 2013, About 11 years ago

David. You summed it up beautifully. I salute you!

Dean

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16:47 PM, 20th November 2013, About 11 years ago

Ok . For those who not do agree with me that WB could make an offer and even those that are in the Class Action would have little or no say please email me . I have information I can not share on here

dean@turnerbeaumont.co.uk

PS I will only share it with the people I know are genuine on here and have made some form of contribution. If I suspect you are not I wont . Don't be offended but I cant

Ian Burton

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16:48 PM, 20th November 2013, About 11 years ago

Hi Folks
Another tuppence worth. I've finally had my 1.9% letters (6 off!) I will be writing back saying no way hosea and only paying the agreed amounts.
I personally thank all those who have contributed with no direct interest as an action of support this is superb !!
I agree with the sentiment that if needs be we'll add more to the fund I certainly will. The goal is most certainly to see it to the end and not to sign away rights with any private agreements between the WBBS and names.
This would be an insult to the people mentioned above who have supported us with money and support with NO vested interest.

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