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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10:19 AM, 22nd November 2013, About 11 years ago

wish he'd do something useful for us then and earn it

Ian Burton

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10:25 AM, 22nd November 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "22/11/2013 - 08:21":

Mark

I have cut and pasted your comments along with my personal request to Edward Timpson (my MP) I urge everyone else to do the same.

Mike L

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10:26 AM, 22nd November 2013, About 11 years ago

Wow! What fascinating 36 hours of discussion, I have only just caught up on it all!

My notifications have also gone astray and I miss my 'full post' emails. If they can be restored somehow in the future then that would be great but this is not a priority for now.

Mark, I would encourage you to take some time out and have a short rest from this forum. You obviously have an incredible mind but everyone needs to recharge and short break does wonders to help align all your thoughts. I'm sure we can keep going on our own for a day or two!

I like the idea of a deadline for 'founder members'. And if there is a potential financial reward attached to that then that's even more attractive. To make it fairer for everyone we could give plenty of notice or a target sum for the 'core' fund, i.e. once we reach £100k then it's closed to 'founder members' because the target has been reached. All that come afterwards can still benefit from the class action but do not share in any potential return. I think that is very fair because those that have come in earlier have obviously risked more (including already paying for the initial legal advice) and have put much more work into it.

On that last point I wonder if we should all keep detailed records of what time we all spend on this matter (including writing letters, comments, etc) and then, after the initial case with WBBS has been won, hit them with a collective claim for costs?

David Lawrenson

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10:29 AM, 22nd November 2013, About 11 years ago

Reply to the comment left by "Denise Doms" at "22/11/2013 - 10:19":

Yes Denise, it really is quite a package isn't it.
You would think that when one is earning this much, one would be expected to reply to Andrew Tyrie properly and address the questions he raises.
I know you have received responses from junior civil servants who failed to read and reply sensibly to your letters to them, but one would expect better from someone at this level.

Addicted to fighting the WBBS

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10:30 AM, 22nd November 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "22/11/2013 - 08:21":

Hi Mark

As discussed this morning, I have spoken to the following 'Analyst' at Fitch Ratings who controls the Rating of the Hawthorn Finance Ltd 2008 Product (where our Lifetime Trackers are held within) and she was NOT aware of:

1) Only 41% of customers have been affected, i.e. Breach of TCF via PRA/FCA
2) WBBS have gone on record threating calling the mortgages in/Rep of the properties/security, which would obviously have an important Risk on the cash flow and risk modelling
3) Imminent Legal Action against the WBBS.

It became clear that all of the above 3 points have not obviously been disclosed to Fitch Ratings.

As you are coordinating the 'media message' and have the legal team in your corner, would you mind emailing what (and when) you feel relevant on the above to (She is eagerly awaiting your email:

One thought I have had is that when we alert the Rating Agencys to this news, there is nothing they cannot disclose, so I will let you decide if we keep our powder dry on this for a day/week ?

grace.yeo@fitchratings.com

Secondary Surveillance Analyst
Grace Yeo
Analyst
+44 (0) 20 3530 1486

I have also tracked down the analyst at Moodys and am awaiting the email address to send the same update to.

Thanks

Stuart

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11:19 AM, 22nd November 2013, About 11 years ago

brilliant

Mark Alexander - Founder of Property118

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11:20 AM, 22nd November 2013, About 11 years ago

Reply to the comment left by "Denise Doms" at "22/11/2013 - 11:19":

Good news Denise, we think the 2 notifications issue is fixed

Addicted to fighting the WBBS

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11:49 AM, 22nd November 2013, About 11 years ago

Reply to the comment left by "stuart marshall" at "22/11/2013 - 10:30":

Hawthorn Finance Ltd
P.O. BOX 75,
26 NEW STREET,
ST. HELIER,
JERSEY,
CHANNEL ISLANDS
JEA 8PP

Craig Farrell, who is the nominated contact at Bedell Cristin Secretaries Limited who provide the secretarial functions for the 'Shell' company that is Hawthorn Finance Ltd confirmed:

1) David Hopkins from the WBBS is the 'Manager of Structured Finance' is the person who supplies the information to Moodys & Fitch with regards to Rating Updates.....

2) There is a Director of Hawthorn FInance Ltd called MR MARK HOWARD FILER, who is proving a little harder to track down for contact details. There does not seem to be any visibility for contact details on the 20 + Companies he is currently a Director of, however his full name is matched on the FSA as a Non Exec Director of Livingstone Mortgages - https://www.fsa.gov.uk/register/indivBasicDetails.do;jsessionid=24e0fec46d5a414eb4b6876d76a31252.s6fNml1Ka34InBbv-ArJrwTPoNCNa30Ocybtah0IaNuIahiIb3yIaNfwmxiInxiOahmLc3aTc2SHc30Ka2aToi5hch0Na2TSn7bvq70KagTAqQ4InQXQ-BjF8NaObhuTaMbMnkrDqRfzqwbMnkrDqRfzqwbynknvrkLOlQzNp65In0__?sid=619921

Date Of Birth: Jun-1967

Age: 46 Years

Nationality: BRITISH

Country of Residence: UNITED KINGDOM

Occupation: COMPANY DIRECTOR

Mark Alexander - Founder of Property118

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11:50 AM, 22nd November 2013, About 11 years ago

Reply to the comment left by "Mike L" at "22/11/2013 - 10:26":

Thanks Mike, I am giving the fund raising structure some further thought. My current thinking is three categories:-

1) Founder affected bowwoers who pay £240 per mortgage affected
2) New affected borrowers who pay £500 per mortgage affected.
3) Investors

Only investors get the potential return as affected borrowers are paying for a service. Investors can be either affected borrowers or any other interested party.

I think we need a much larger fighting fund if possible, ideally £500,000 which I'm beginning to think may well be achievable with the structure I have in mind. The fighting fund needs to take into consideration that we could get an initial win appealed and then escalated for a third time to the supreme Courts.

More to come on this as my thoughts evolve.
.

Neil Patterson

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11:54 AM, 22nd November 2013, About 11 years ago

Reply to the comment left by "Mike L" at "22/11/2013 - 10:26":

Hi Mike L,

Thank you for backing me up even if you didn't know it.

I have had some strong words with Mark as he has become obsessed/addicted to the cause and can not put it down.

I am sure no one will be upset if they post a comment during the night and Mark does not pick up on it until he starts again usually about 7am!

Thank you for your and everyone's support and hopefully Mark will do what he is told before Mrs A or I have to take drastic action.

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