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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Justin Selig - solicitor

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15:34 PM, 29th November 2013, About 11 years ago

LEGAL ACTION UPDATE:

Funds raised so far: £68,640 representing 286 loans.

Well done to everyone - we are almost reaching the 300 mark, which we should achieve next week.

On the legal front there is not much to report this week, save that there are a few interesting things happening in the background, which I will update you on once I have more information.

I expect to receive the opinion from our QC in the next couple of weeks and we will then have a much better view on the direction we are taking. You will appreciate, that I will not be posting the QC's advice on this forum as this is privileged and only for the eyes of those people who have instructed us.

We have available to any of our clients who wants them the forms for the Financial Ombudsman Service, but you may wish to hold back on that until we receive the opinion from the QC.

We will also have a view next week on whether or not payments should be withheld following the proposed increase at the beginning of December. I will update the forum once we have this.

Mike L

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15:38 PM, 29th November 2013, About 11 years ago

Reply to the comment left by "Mark Smith (Barrister-At-Law)" at "29/11/2013 - 14:15":

Mark Smith, thank you very much for the suggested words earlier and your offer of help above. I can't imagine WB are that suicidal but it's still very reassuring to know that no one on here is facing WB alone. I have been intending to respond to the WB increase letter anyway so your suggested text was very timely. I am including my Subject Access Request in the same letter - if they cash the £10 cheque then that’s proof of receipt, with the added bonus of getting someone to copy and send all my info to me.

Mike L

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15:42 PM, 29th November 2013, About 11 years ago

Reply to the comment left by "Justin Selig" at "29/11/2013 - 15:34":

Almost £70k before the extra payments have even started and QC's opinion received! What an excellent start! Anyone still sitting on the side-lines wondering if we can get sufficient funds together should get their cheque book out now and join while they can!

Onslow Clough

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15:46 PM, 29th November 2013, About 11 years ago

Excellent news on the funds coming in. If £100,000 is the magic figure then if we get to the 300 cases next week then the shortfall would only be £28,000 split that between the 300 and if worse comes to worst and no-one else joins then it would only take an extra £93 per loan to get there...... I for one would be happy to do that... Happy Days.

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15:55 PM, 29th November 2013, About 11 years ago

Reply to the comment left by "Justin Selig" at "29/11/2013 - 15:34":

many of us have already needed to make the decision regarding permitting/not permitting the revised d/d payment to be taken from our accounts as WBBS will be applying for them on December 1st (so Monday)

Badger

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16:19 PM, 29th November 2013, About 11 years ago

Phew!

Without prejudice letter putting WBBS on notice that I do not accept their right to
take extra money even whilst letting them do it mailed (thanks Mark).

Payment to Justin @ The Law Department queued (3 accounts worth).

Further donation made to the Property118 WBBS marketing fund

Documents being copied in readiness to send off to Justin @ The Law Department

Note to self: dig out template letter for the SAR to send to WBBS

Can anybody help with a link for the latter please?

I can think of better ways of spending my Friday afternoon but it has to be done!

Devon Landlords

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16:22 PM, 29th November 2013, About 11 years ago

Hi Badger,

Can't find a link - but I have copied and pasted the SAR letter from Word:

Please supply the information you hold about us which we are entitled to under the Data Protection Act 1998 relating to all dealings connected with our mortgages with you and all of your associated dealings with external agencies in respect of our above mortgage account numbers. For the avoidance of any doubt this is to include any information relating to us kept on computer or in a structured manual filing system or intended for such a system.
We have enclosed my cheque for £10, which we understand to be the amount we are required to pay to you by law for a data access request. If you need any more information from us please let me know as soon as possible.
It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days.
If you do not normally deal with these requests, please pass this letter to your Data Protection Officer. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you and can be contacted on 0303 123 1113 or at http://www.ico.org.uk.

Mark Alexander - Founder of Property118

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16:27 PM, 29th November 2013, About 11 years ago

Reply to the comment left by "Peter & Di Cole" at "29/11/2013 - 16:22":

Standard delay tactic response from WBBS has been that they need proof of ID as signatures appear different.

Therefore, I suggest adding a line to say ....

"As proof of identity and residence please find enclosed a copy of my driving licence, passport and a recent utility bill"
.

Badger

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16:28 PM, 29th November 2013, About 11 years ago

Reply to the comment left by "Peter & Di Cole" at "29/11/2013 - 16:22":

Great - that's fantastic - thanks!

Ah, the speed and power of the internet - I love it! 🙂

Dean

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16:30 PM, 29th November 2013, About 11 years ago

Reply to the comment left by "Badger " at "29/11/2013 - 16:19":

So badger. I take it that means another three on top of the 286 justin has just reported ?

If so we'll on our way to 300

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