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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Mark Alexander - Founder of Property118

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17:49 PM, 25th November 2013, About 11 years ago

SIGN UPS

1,136 people have now completed the Class Action Expression of Interest Form at the top of this page. Of these, 540 people have confirmed they are affected by the West Brom tracker margin hike. We need to know why these people have not sent their documentation to Justin and paid up. If they all do we will have enough money to commence litigation.
.

Mark Alexander - Founder of Property118

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17:53 PM, 25th November 2013, About 11 years ago

Reply to the comment left by "Paul Eastabrook" at "25/11/2013 - 17:48":

I really don't think this is relevent though Paul. The bottom line is that condition 5 relates to Standard Variable Rate mortgages, not tracker products.

I had another barrister contact me a few weeks ago regarding the potential for taking on the professional negligence claims against brokers. Since then he has offer to read the files and provide his opinion free of charge. I would be a fool to turn down such an offer so I sent him the following email today. By the way, just to confuse matters his name is Mark too.

"Dear Mark

Please find attached papers as discussed.

My argument has never changed.

Condition 5 of West Brom’s mortgage conditions booklet is only relevant to their Standard Variable Rate mortgages, not trackers. The Mortgage Conditions booklet is a generic document used by the Society to accompany all mortgage offers. Several other conditions in the booklet are not relevant to Buy to Let mortgages either.

West Brom are clearly attempting to pass of their buy to let tracker mortgage as a Standard Variable Rate. However, their website and their own PDF document entitled “Mortgages Made Simple” clearly explains the differences between the two products. I have access to backup copies of West Brom website going back to 1999 and their descriptions of the two mortgage products have never changed.

West Brom are targeting landlords owning multiple properties on the basis they have no consumer protection. However, my understanding of the Financial Services Act 1988 is that it is a principle based regulation and that “Treating Customers Fairly” and the financial promotions principles of “clear, fair and not misleading” cover all financial promotions regardless of any other form of consumer protection. Therefore, evidence to support our argument in the form of the West Brom’s own website and PDF document entitled “Mortgages Made Simple” which explains the two types of mortgage is “a smoking gun” in my opinion. Would you agree?

I also feel that West Brom are not “Treating Customers Fairly” by only targeting borrowers who were sold tracker rate mortgages via brokers and not direct customers. Further, how can a veiled threat of calling in a performing loan be “Treating Customers Fairly” purely on the grounds that West Brom are losing money due to their own financial recklessness?

As you have rightly pointed out, any negligence claims against mortgage advisers and solicitors are secondary to the above argument and only to be used if a Court rules against our main argument.

I look forward to discussing this soon."

Richard Adams

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18:09 PM, 25th November 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "25/11/2013 - 17:49":

Thanks Mark for a candid summary of where we stand on sign ups. I appeal to all those affected by the WBBS rate rise who are members of this forum yet have not to date signed up for the class action, to at the very least post why they prefer not to. Not an unreasonable request surely? Property118 costs to run for starters so to avail themselves of membership for free and also not join the action does merit an explanation. We live in a free world so nobody can be forced to join but conscience alone means we deserve to know why they prefer to sit on their hands.

Paul Eastabrook

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18:14 PM, 25th November 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "25/11/2013 - 17:53":

Yes, I get the point. My issue is that despite signing to say that I had seen the terms and conditions, which incorporate sections 5 and 14 of the Mortgage Conditions (2006), there was evidence to suggest that these latter conditions were packaged up to us all as the bullet points contained within the Mortgage Deed. On that basis, why would anyone query where any other Mortgage Conditions (2006) documentation was? We all believed that we'd seen everything t & c-wise.

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18:18 PM, 25th November 2013, About 11 years ago

did we see/sign to say we'd seen a Key Facts doc (and what was in that?)

Dean

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18:20 PM, 25th November 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "25/11/2013 - 17:49":

Hi mark.

540 that are affected. I reckon one or two on the unaffected list will probably only have registered but not wanted to admit they have a wb mortgage just to see if they can ride on our case.

As you point out. Even if all those 540 only paid one lot of £240 we are well over the £100000 target.

Only 50% have actually got their cheque books out. I'm sure once councel have given their opinion a good percentage more will start to send their info in.

Is there anyway you can do a block email to all who registered pointing them to Justin's last update and that the class action will only name those paid up members ?

I know we are looking at increasing the entry fee within a number of hours of that opinion but perhaps mentioning that in the block email might get to some who registered and have perhaps decided to let it all ride out.

What about considering an additional small increase by the end of November by say an additional £60 to £300. So it'll be £250 plus vat from 1st December increasing to £500 within so many hours of councel opinion. .

I think we have given everyone a great opportunity to get in so far. There can be no more excuses. Things are going to start moving forward very quickly soon. A lot of people have given up a lot of time and put their cash in it's getting to the stage that they should have some financial benefit for that.

What do other regular contributors think ? Should we start considering an increase yet ? Putting a little additional financial pressure on the ones sat back.

I would still welcome anyone who is unsure to post on here to discuss with the group without being being knocked. If you don't want to open up to everyone please email me directly in full confidence.

Dean@turnerbeaumont.co.uk.

ian

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19:51 PM, 25th November 2013, About 11 years ago

Reply to the comment left by "Dean " at "25/11/2013 - 18:20":

Hi Dean
My opinion for what its worth is that if those who have signed the expression of interest decide to sign up to the Class Action after a set date then yes I agree that they should face an increase (1.9%) only joking, it should be at least £100. those who haven't found this site yet I don't feel they should be penalized.

Addicted to fighting the WBBS

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19:53 PM, 25th November 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "25/11/2013 - 12:58":

"Can Mortgage Brokers Trust The West Broms' entry back into the Intermediary Market and should Brokers look to Boycott submitting their clients business to The West Brom ?"

For all of the Mortgage Brokers who are reading this site (and The West Brom Staff and their Intermediary Channel), with the behaviour and contempt they are showing Brokers and Customers, can you ever trust them again to place your clients business with ?

The link below features their latest 'Fixed Rate' products for the Intermediary Market, but what T&C's are they hiding and would/could you really make the same mistake again by placing yours and your clients trust in their mortgage products ?

It appears the following are the three different West Brom Intermediary Account Managers (ist@westbrom.co.uk) so it would be good to even know what their views are and do they really expect brokers to want to place business with them ? Are you 'flogging a dead horse' and are you bothered and if you are so convinced, would you be brave enough to reassure brokers via this forum ?

Teresa Fraser teresa.fraser@westbrom.co.uk
07950 148807

Polly Johal polly.johal@westbrom.co.uk
07950 149441

Phil Lawford philip.lawford@westbrom.co.uk
07507 634134

http://www.westbrom.co.uk/inter/files/Intermediary_Mortgages_Product_Summary.pdf

Dean

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20:03 PM, 25th November 2013, About 11 years ago

Reply to the comment left by "Addicted to fighting the WBBS" at "25/11/2013 - 19:53":

What happened to the tracker mortgages that they were offering recently?

Paul Eastabrook

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20:14 PM, 25th November 2013, About 11 years ago

Reply to the comment left by "Denise Doms" at "25/11/2013 - 18:18":

Mine is entitled "Key facts about this mortgage", produced in late 2007 by my broker, Endsleigh Financial Independent Tailoring. It sets out an illustration of the service being provided by broker and lender, overall mortgage cost, fees, and includes a full schedule of interest payments for each month of the 25-year life of the mortgage, based upon 5.99% fixed for 5 years and 7.49% (1.99% plus current BoE base rate of 5.50%).

Although I changed the amount of the loan required a few days later, I was never supplied with an updated document.

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