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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Surrey Landlord

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23:58 PM, 28th November 2013, About 11 years ago

My, my, isn't everyone up late? And I thought it was just me.
Both Marks - thanks for the corrections. Don;t know therefore, if the Data Protection Act allows anonymised information such as that I'm requesting. I suspect not.
However, as Mortgage holders, do we count as members of the West Bromwich and thus entitling us to request this information anyway. If holding a Mortgage does not confer us Membership rights, what accounts do? Maybe it would be worth doing this?
What do you think?

Ivan

Maxwell

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7:51 AM, 29th November 2013, About 11 years ago

Mark, can I ask your advice? I need to act today on this.

I mentioned previously that although we had three 2% rate hike letters simultaneously, we have only subsequently received TWO of the 1.9% letters which also give us the new amount to pay on 1 December. We intend to meet our payments, to keep things quiet while the action proceeds, confident of getting it back later!

However, my question is this - I have NOT been informed of the new amount to pay on one property. (One reader suggested it might be because it could be a "9" mortgage - but it isn't. All 3 are "8" mortgages taken out through the same broker). The property in question is the largest and most expensive: the extra 2% will mean over £1000 extra on this house. Why such an expensive BTL? You guessed it, accidental landlord on this one through acrimonious divorce. Had to buy it out at an inflated price, just to get matters finalised. Anyway, that's another matter.

The point is: do I phone the WB and ask what the new payment is as it is due on Monday? Or do I let sleeping dogs lie? It's not on DD, so I have to make the change. Can you advise?

Mark Alexander - Founder of Property118

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8:16 AM, 29th November 2013, About 11 years ago

Reply to the comment left by "Maxwell " at "29/11/2013 - 07:51":

I'm sorry Maxwell, I don't know and I'm not insured to give advice.

There is very little that West Brom can do until you are at least 1 full month in arrears. For example, they can't report less than a months arrears to the credit reference agencies. If you do nothing I suspect they may write to you but if they don't you have a bigger dilemma next month.

I think it's a judgement call, I'm not even sure what I would do in this situation. Why are you not paying by Direct Debit?
.

Norfolk n'Chance

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8:28 AM, 29th November 2013, About 11 years ago

Here's my two pence worth.

If I were in your shoes I'd pay the 2% increase.

The difference that 0.1% interest makes is really quite a small amount (£8.33 per month per £100K of interest only mortgage).

Mark Smith Head of Chambers Cotswold Barristers

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8:29 AM, 29th November 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "29/11/2013 - 08:16":

My strong advice to anyone paying the revised increased amounts is to make it clear to the WB that you are paying under protest.

Send a letter or email to say
'I am paying the revised monthly amount on account number xxx pending the outcome of a legal test of your contractual entitlement to charge this sum. My paying of this sum is not an admission of your right to do so, and is without prejudice to my claim that you cannot'

David Lawrenson

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8:43 AM, 29th November 2013, About 11 years ago

Re Letter to Andrew Tyrie MP, Chairman of Treasury Select Cttee

Thanks for all your suggestions yesterday.

I updated my letter with your suggestions before sending it - and what you see at this link is the version that was sent to Mr. Tyrie.

This includes more emphasis on the fact that hidden terms were never intended to apply to BOE base rate trackers in the first place and the addition of a mention of the Parkview Properties case which WBBS lost, plus some other additions and corrections.

It will be interesting to see what the total amount in the fund is at the end of this week. I'm sure that momentum is increasing due to the tireless work by many contributors to this site.

http://www.lettingfocus.com/blogs/index.php/2013/11/mortgage-tracker-rates-open-letter-to-andrew-tyrie-mp/

David Ellis

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9:20 AM, 29th November 2013, About 11 years ago

Reply to the comment left by "David Lawrenson" at "29/11/2013 - 08:43":

A brilliant letter David !!!!! Thanks very much for sending this.

Dean

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9:34 AM, 29th November 2013, About 11 years ago

Reply to the comment left by "David Lawrenson" at "29/11/2013 - 08:43":

Fantastic. I hope it gets the attention it deserves . Please let us know the response you get David.

Dean

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9:36 AM, 29th November 2013, About 11 years ago

Reply to the comment left by "Mark Smith (Barrister-At-Law)" at "28/11/2013 - 20:17":

Thanks Mark

The mortgage in question is with Paragon

Dean

Mark Alexander - Founder of Property118

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9:38 AM, 29th November 2013, About 11 years ago

Reply to the comment left by "David Lawrenson" at "29/11/2013 - 08:43":

I am much happier with your final draft David and have given your post the "thimbs up". Well done!
.

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