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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12:43 PM, 25th November 2013, About 11 years ago

Reply to the comment left by "Ken Rose" at "25/11/2013 - 10:03":

I have just had that very same reply . It is also identical to others I had as I wrote to a number of MPs where my properties are located.

But how can they send an identical reply to everyone?

Not only are they not answering the questions raised they are now cutting and pasting every reply to anyone who mentions West Brom . Its a disgrace !

Maybe the best way forward here would be for us all to write individually to Andrew Tyrie about this. He as had some disagreement with Martin Wheatley of the FCA before over Bank Of Ireland I believe. If we could wait until we had Councel Opinion and if we could add another letter to him with a copy of Councels opinion directly from Justin and The Law Department, it might add some weight to the strength of feeling ?

Mark Alexander - Founder of Property118

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12:58 PM, 25th November 2013, About 11 years ago

Reply to the comment left by "Alexander Simpkin" at "25/11/2013 - 10:44":

My current thinking is that Mortgage Advisers and Solicitors can't be proven to have been negligent unless a Court of law rules that West Brom's interpretation of conditions 5 of their mortgage conditions is correct.

If that is the case then we can argue that our mortgage advisers and solicitors should have known this and were negligent in not pointing this out to us.

Therefore, it is in the interests of every mortgage adviser and solicitor involved in these transactions to help us fight our case because if we lose then so do they!
.

Mark Landlord

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13:04 PM, 25th November 2013, About 11 years ago

Reply to the comment left by "Richard Adams" at "25/11/2013 - 12:41":

Hi Richard,

I am at the same position as you with the FOS ie awaiting on Justin's template to send to them.

However, a comment from Ken on the previous page mentioning that he had received a response from the FOS which he quoted " while we deal with individual financial complaints, we are not responsible for the general rules regarding raising interest rates. This is a job for the regulator: The Financial Conduct Authority."

Thats what I was referring to - however we may get a different response when our letters include counsels opinion etc.

I agree however that it looks like Court is the only place this will be sorted !

Richard Adams

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13:17 PM, 25th November 2013, About 11 years ago

Reply to the comment left by "Mark Landlord" at "25/11/2013 - 13:04":

OK Mark. No doubt we shall be advised by Justin later. Trouble might be if legal opinions accompany our complaints that FOS cops out on grounds of awaiting court case outcome? Justin's template letter will be crucial.
Side issue. Should WBBS be actively referring us to FOS without first checking that our complaint will be acted upon?

Dean

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13:46 PM, 25th November 2013, About 11 years ago

Further to our letters coming back from The Treasury stating that they can not get involved with the commercial decisions of a company . How does this sit with the fact that they are now capping interest rates on companies offering Payday loans ?

I agree that this should be the case, but is this an example of The Treasury being directly involved in a commercial decision of a lender ?

Mark Landlord

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14:14 PM, 25th November 2013, About 11 years ago

Reply to the comment left by "Richard Adams" at "25/11/2013 - 13:17":

Yes I think someone mentioned that the FOS won't act on anything if the case is going to court.

No idea on whether the WBBS should be referring us there unless that is exactly why they are !

Paul Eastabrook

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14:41 PM, 25th November 2013, About 11 years ago

Although I haven't had final feedback from FOS yet, my complaint relates to financial misconduct by WB, rather than just having a whinge about interest rates. I would hope, therefore, that this is what is forming the basis of FOS's enquiry.

The paperwork was specific about no legal action being pending at the time of making the complaint. That was certainly the case, as I had not even discovered Property118 at the time. As for the present time, we are still at the advice gathering stage and seeking counsel's opinion. Whether to proceed with legal action will be determined in due course.

Richard Adams

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14:53 PM, 25th November 2013, About 11 years ago

Reply to the comment left by "Mark Landlord" at "25/11/2013 - 14:14":

OK no sweat. We'll wait and see. Interesting though recalling a thread way back that Ofcom - a regulator - were minded to step in and haul mobile companies over the coals for doing exactly what WBBS have done namely upping charges relying on small print in T's & C's. Sums involved are tiny but principle is the same. I'm chasing a £7 refund from Orange!

David Ellis

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15:04 PM, 25th November 2013, About 11 years ago

Reply to the comment left by "Ken Rose" at "25/11/2013 - 10:03":

We received a very similar reply today from Sajid Javid via our MP Bill Cash. Again no real grasp of our complaint in terms of WBBS breach of contract and not just interest rate increase issue. We will write back to our MP regarding the response from Sajid Javid. Every regulatory body is just sitting back doing nothing for us and just passing the buck with our complaints.Let's hope we can get this into Court soon to sort this out once and for all.

Devon Landlords

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15:49 PM, 25th November 2013, About 11 years ago

My wife (ill in bed and browsing West Brom hikes on google) found a couple of interesting websites:

http://reviews.money.co.uk/reviews-results.htm?provider=87&category=46

and also a golfing forum where they were discussing it!

http://forums.golf-monthly.co.uk/showthread.php?60118-Can-they-do-this-Mortgage-interest-hike

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