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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12:46 PM, 29th November 2013, About 11 years ago

Reply to the comment left by "Mervyn Wharton" at "29/11/2013 - 12:34":

Hi Mervyn

The loans are securitised which means that West Brom takes an income for servicing them. To give you an analogy they are now the property manager as opposed to being the landlord. The servicing contract is an asset in it's own right and would be sold on to another lender. In the event of the securitisation bond investor going bust the same would happen, the loan book asset would be sold off to the highest bidder.

That's what would have happened to MX and the Northern Rock when they went under, save for the fact that the banking system had virtually collapsed. That's where the tax-payer bailouts kicked in. Effectively, all tax payers (even those not yet born) own a share of the former MX and Northern Rock loan books. We don't get the money though as we never actually forked it out in the first place because the treasury very kindly made the loan for us all. Confused? Join the club!!!
.

Mark Smith Head of Chambers Cotswold Barristers

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12:50 PM, 29th November 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "29/11/2013 - 12:46":

It is likely that these loans have been traded already on the secondary market, which would be a reason why the WB would want a separate entity to issue them in the first place

Ed Atkinson

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12:50 PM, 29th November 2013, About 11 years ago

Reply to the comment left by "Mervyn Wharton" at "29/11/2013 - 12:34":

Mervyn, I guess its the same scenario as Mortgage Express who had to be rescued and the mortgages were not massively affected. The only change is the inability to do drawdowns and a certain keenness by MX to call them in (see a separate thread on P118).

All my mortages have needed to be rescued and are similar post rescue: MX, Birmingham Midshires and N Rock (now Virgin). Did I cause the crash?

Norfolk n'Chance

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12:54 PM, 29th November 2013, About 11 years ago

OK thanks for that Mark.
The next obvious question is.......So, assuming Class Action success there is the possibility that the mortgages would be sold to another lender. Am I right in assuming the new lender would be required to honour the same mortgage terms that are being fought for here ?

Mark Alexander - Founder of Property118

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13:09 PM, 29th November 2013, About 11 years ago

Reply to the comment left by "Mervyn Wharton" at "29/11/2013 - 12:54":

Yes 🙂
.

Mark Landlord

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13:15 PM, 29th November 2013, About 11 years ago

Letter sent to WBBS as per Mark Smiths recommendation to do so - thanks Mark.

Thought best to do a letter as opposed to email then they can't deny receiving it.

Looking forward to Justins update later today on numbers

Ian Burton

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13:28 PM, 29th November 2013, About 11 years ago

Hi Mark Smith

I appreciate all your comments. But excuse me for being stupid but you say " without prejudice to my claim that you cannot." Cannot what?

regards

Ian

Mark Alexander - Founder of Property118

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13:32 PM, 29th November 2013, About 11 years ago

Reply to the comment left by "Ian Burton" at "29/11/2013 - 13:28":

Seems perfect clear to me Ian, please read it again ...

"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"

You could add the words "do so" at the end of the sentence but they would be superfluous.
.

Alison Buckland

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13:42 PM, 29th November 2013, About 11 years ago

Reply to the comment left by "Mark Landlord" at "29/11/2013 - 13:15":

Mark Landlord, Denise etc - I've just had confirmation that they received my without prejudice email - that's proof enough for me. If they don't actually read it, having said they had....ooh! Sounds familiar!

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13:45 PM, 29th November 2013, About 11 years ago

do you mean this (which is all I've had):
10:18 AM (3 hours ago)

to me

the West Brom

Dear Mrs Doms,

Thank you for submitting a Existing Mortgage Enquiries - Buy to Let Customers email me request.

This is an automated response just to let you know that we have received your message and one of our team will respond to your request as soon as possible.

Yours sincerely,
The West Brom Team

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