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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Comments

Seething Landlord

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23:21 PM, 2nd October 2013, About 11 years ago

Reply to the comment left by "Incensed Landlord" at "02/10/2013 - 22:11":

Just on the procedural point, my understanding is that there is no such thing as a class action in English law. I assume that Justin is proposing that each affected party should start their own action(s) with a view to subsequently obtaining a Group Litigation Order under which all the claims can be heard together, with the same legal team representing each claimant.

Abdul Khan

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0:02 AM, 3rd October 2013, About 11 years ago

Hi Mark

Thanks for your support. I have forwarded this to a couple of landlords. Has anyone dug out the original document to see if WBrom actually do have such a clause? If I refuse to pay the increase in December given its not in our contract how will this be viewed?

I think they have misused credit agencies and data protection in order to find out if people are multiple landlords - is this a breach?

Thanks for your letter template - I was thinking of digging out the terms I signed to and showing that there was no clear statement to say they can move interest rates at whim. Is this a good idea?

Finally I saw Justin's mail asking for 240 which is ok but a surprise given that 6500 landlords are effected by WBBS and if 15k is needed for actions 1 to 4 outlined in Justins mail then only 63 people are being anticipated to pay? Some clarification would be greatly appreciated.

Would be great to hear from you asap - all the best, Abdul.

Richard Adams

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0:45 AM, 3rd October 2013, About 11 years ago

Reply to the comment left by "Seething Landlord" at "02/10/2013 - 23:21":

This appeared in Law Society Gazette Feb 2008

"The UK moved a step closer to US-style class actions this week as an independent report commissioned by the body in charge of the civil justice system recommended that such procedures are 'urgently' needed to prevent injustice".

Since then I've heard of a few here but what do I know?

Andy Bell

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2:20 AM, 3rd October 2013, About 11 years ago

Mark,
Rest well, rise refreshed.
Andy

Mark Alexander - Founder of Property118

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7:49 AM, 3rd October 2013, About 11 years ago

Reply to the comment left by "Jon Bourne" at "02/10/2013 - 22:37":

Thank you for your supportive comments Jon.

You asked me to provide a good commercial reason for people to pay up and not to simply sit back and leave others to it. I'm sure there are plenty of reasons but one in particular is at the forefront of my mind.

As we know, institutions often settle legal cases on the basis of non-disclosure.

Suppose just 5% of all WBBS borrowers take legal action. It would only cost WBBS 5% of the £19million per annum they stand to make to settle with these people subject to a gagging clause if they felt their case was 50/50.

The 95% of people who don't sign up would believe the Class Action had fizzled out and would probably continue to make noise for a while but get nowhere.

It's a possibility.

I would prefer to fight it all the way but if I was one of just a few hundred borrowers who had paid up for the Class Action and such and offer was put on the table then I would take it, wouldn't you?
.

Concerned Landlord

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8:29 AM, 3rd October 2013, About 11 years ago

Sorry if this sounds naive, but I have sent letters to the WB BS and a copy to the OM (ombudsman) - shouldn't we wait to hear from the BS and if not satisfied with their answer then apply to the OM? Surely, isn't it the OM's job to rule if what they have done is valid or not?!

Mark Alexander - Founder of Property118

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8:36 AM, 3rd October 2013, About 11 years ago

Reply to the comment left by "Concerned Landlord" at "03/10/2013 - 08:29":

Sorry, what is the OM?

Time is of the essence here, December 1st is approaching fast. You need to decide whether you are going to attack this full on or not. The time to decide is now.
.

Mark Alexander - Founder of Property118

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8:50 AM, 3rd October 2013, About 11 years ago

I have just spoken to Justin Selig and there are two further reasons why it makes sense to instruct him now in addition to the scenario I have already suggested in response to the question raised by Jon Bourne.

Justin will post these reasons later today but I suggest everybody begins to prepare their paperwork now.
.

Concerned Landlord

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8:51 AM, 3rd October 2013, About 11 years ago

OM = Ombudsman!

I haven't seen any reference to what role OM plays in this case and how important and effective their decision is?

Mark Alexander - Founder of Property118

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8:58 AM, 3rd October 2013, About 11 years ago

Reply to the comment left by "Concerned Landlord" at "03/10/2013 - 08:51":

Ah, yes sorry.

We have some experience in dealing with the Ombudsman.

Complaints regarding the BoI tracker rate differential increase have been flooding into them since early March. They have had Counsels opinion for several months too.

If they rule in our favour then WBBS would be tied to their decision so they do have teeth but they are painfully slow to respond with anything other than pleasantries.
.

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