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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15:34 PM, 28th November 2013, About 11 years ago

nearly 200 comments to catch up on now and the site still seems to be broken?

David Ellis

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15:57 PM, 28th November 2013, About 11 years ago

Reply to the comment left by "Mark Smith (Barrister-At-Law)" at "28/11/2013 - 15:16":

Thanks very much for your comments Mark, they have made me feel much more confident after all the knock backs from the governing bodies and HM Treasury etc. I now can't wait for Justin's update tomorrow to see where we are at with our "fighting fund" I am now confident that we will reach our needed legal fund as everybody on this forum is so determined to see us win.

The Man From Nowhere

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16:10 PM, 28th November 2013, About 11 years ago

Reply to the comment left by "Mark Smith (Barrister-At-Law)" at "28/11/2013 - 15:16":

Great to read the opinion of Mark Smith, Barrister-At-Law, on our prospects of success at court. I've always believed we have a very strong case but to have an experienced commercial law barrister arrive at the same conclusion is a vindication of my unerring belief that West Brom have a very weak case whereas we have a particularly strong case.

Mark Smith is absolutely right in stating that there is no more more cost effective option than a group action litigation for a case like this. Not only are you getting a opinion from a commercial law barrister that you have paid for, but you're getting a second opinion from another experienced commercial law barrister free of charge telling you that you have a strong case! I'd personally like to thank Mark Smith for reviewing all the documentation sent to him in respect of this case.

ATE insurance premiums are priced to take into consideration the prospects of success and the likely costs involved. The premium is therefore normally calculated on the basis of the total estimate of costs insured, considered against the percentage chances of losing the case. The higher the prospects of success, generally the lower the premium, in conjunction with the premium being calculated on the amount of cover required. Since this could go to the Court of Appeal or even the House of Lords, an ATE insurer will have to price the increased costs of litigation in the appellate courts into the ATE premium.

So for all those still sitting on the fence, please get your chequebooks, wallets, and purses out, dig out your internet and phone banking details, root around the back of the sofa if you have to, but please ensure that you sign up to the class action and contribute to the fighting fund. You have the perfect opportunity to join a class action that has the best chance of challenging what the West Brom have done and securing a legal victory at court.

I know it's nearing Christmas and I know the rate hike kicks in shortly on 1st December but do not be tempted to save pennies when to do so will result in you ending up losing tens of thousands of pounds.

David Ellis

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16:15 PM, 28th November 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "28/11/2013 - 12:26":

The Head Office of the Express and Star is in Wolverhampton which is just down the road from West Bromwich. They used to have fierce local football derbys until the Wolves got relegated. The Express and Star is the main local newspaper so WBBS advertise in it alot. I'm sure they are giving them even more business now with all the new recruitment drive they are having to do to cover staff either off sick or have left because of our bombardment. Perhaps we ought to put an advert in there also from Property118 and the Action Group wishing the directors of WBBS a very happy Christmas and a prosperous New Year and that we will see them in Court in the New Year !!!!!!!!!!!!!!!!!!!

Appalled Landlord

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16:33 PM, 28th November 2013, About 11 years ago

Reply to the comment left by "Mark Smith (Barrister-At-Law)" at "28/11/2013 - 15:16":

Welcome Mark, and thanks for the summary, particularly as regards the cost-effectiveness of group action and the need to join it quickly.

There may be people sitting on the fence, intending to rely on the Small Claims Court. What would your advice be to them?

Mark Smith Head of Chambers Cotswold Barristers

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16:39 PM, 28th November 2013, About 11 years ago

I would advise anyone that they are better off in a decisive and well planned class action than trying to fight alone in a lower tier court.

Lucy McKenna

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16:40 PM, 28th November 2013, About 11 years ago

Mark Smith, barrister, his email was very encouraging to read re West Bromwich case. Interesting to see comments on libor rate tracker mortgages too, we have some of these. But thankfully this bank has not raised the differential so we have only been affected by an inflated libor rate.

Mark Smith Head of Chambers Cotswold Barristers

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16:45 PM, 28th November 2013, About 11 years ago

Reply to the comment left by "LucyM " at "28/11/2013 - 16:40":

Re LIBOR. The court of appeal has recently allowed an argument to proceed to trial that says that a financial product pegged to LIBOR or EURIBOR is illegal and voidable if offered by a lender that has been implicated in manipulation of the rate. If you have a LIBOR pegged mortgage in neg equity you may be able to have it set aside and only have to repay the equity that is left in the property.

Mark Smith Head of Chambers Cotswold Barristers

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16:48 PM, 28th November 2013, About 11 years ago

Reply to the comment left by "Mark Smith (Barrister-At-Law)" at "28/11/2013 - 16:45":

If the product was sold by a lender who has been found to have manipulated the rates

Appalled Landlord

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17:03 PM, 28th November 2013, About 11 years ago

Reply to the comment left by "Denise Doms" at "28/11/2013 - 15:34":

Hi Denise

I have the site open in Internet Explorer and Opera, and have suffered no problems. Which browser are you using? Maybe Andy Bell can help.

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