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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11:19 AM, 30th November 2013, About 11 years ago

RESPONSES TO RECENT COMMENTS

@ Rosemary Bosworth – I don’t know whether the figure Justin reports is cleared funds or funds received. I will ask him to confirm in next weeks update.

@ All BankersAreBarstewards Smith – to make a contribution to the Class action marketing fund please see the link in the “To-Do” list in the main article at the top of this thread.

@Mervyn – I have not made a decision on whether the cost of entry will increase or not, hence I cannot tell you when it will happen or how much the increase will be. Sideliners and/or those who have registered only some of there properties are therefore at risk because I could have made the decision to double the entry cost and impose it yesterday and could still do so today, tomorrow or any time I so wish. Obviously I will take into account the thoughts of the existing paid up members of the group before making any rash decisions. All decisions are made for the benefit of the group but only one person can make that decision.

Also @ Mervyn – regarding constructive comments. People will always argue when somebody puts a downer on achievements which they are very passionate about. Your comments are making this group more resolute to achieve the shared goal. I liken internet forums and campaign groups to local pubs. Sticking with this analogy this would make me the other type landlord, i.e a pub landlord. There are two types of pub landlords which I will illustrate with this story. Man starts going into the pub owned by Landlord #1 and proceeds to upset the regulars by telling them they are drinking in the worst pub in the area and that they should go to the pub down the road. Landlord #1 bars the chap. Man then visits the pub down the road and does exactly the same thing. Landlord #2 does nothing and leaves the regulars to sort the guy out. The regulars ask the man why, if he doesn’t like this pub, is he in it? The regulars think of every possible argument to convince the man he is in the best pub in an attempt to shut him up. The man continues to goad the regulars to the point where they say to him that he’s not welcome in this pub. In doing this the regulars convince themselves they are in the best pub and funnily enough they tell all their friends who didn’t previously come to the pub what a great place it is and how friendly and supportive people are to each other. The pub gets busier. Eventually the man is either persuaded by the regulars he’s in the best pub or he recognises that he is very unwelcome and finds another pub. What type of landlord do you want me to be?

@ Dean – great comment regarding negative reinforcement 

@ The Man From Nowhere and Dean – Very early on in this thread Justin explain that our Counsel would be recommending a strategy. The alternative to a Class action is a Test Case followed by multiple individual cases on CFA’s, i.e. conditional fee agreements. Effectively everybody who chips in to the test case get’s a “no win no fee” claim deal off the back of the test case. We must await Counsels advice on which format to pursue.

@Pindy Kaur – I like your suggestion regarding handing out flyers at residential auction. The largest group is Auction House and one of their senior people is a Property118 member. Would you mind contacting him to float this idea past him please. His member profile link is >>> http://www.property118.com/member/?id=376

@ Stuart “Addicted to fighting the WBBS” That’s a very interesting response from West Brom in that they have inferred that only mortgages introduced by brokers are affected.

@ Anon – thank you

@Denise Doms – Anon is a long standing member and has always provided extremely constructive feedback in his comments which you can see for yourself via his member profile. Coming from a mortgage broking background myself I feel quite sure that the letter template which Anon has very kindly drafted could be very effective and I am pleased to add my support and recommend its use.

TO ALL – We need mortgage advisers to support this campaign and much of my work this week has focussed on that objective. I have been in daily contact with the editors of FT Adviser and a mortgage adviser forum called Cherry Find. The advisers commenting on Cherry Find have a trust issue on the basis that if we lose our case against West Brom our attentions will turn to claiming against them for professional negligence. I need to convince that exactly the reason that brokers should be backing our case against West Brom but I am failing miserably. They don’t like the fact that I have been working on Plan B and went out and recruited the support of Mark Smith (Barrister-At-Law). I will be sending a link to Anon’s proposed letter template to both editors. You could also help by joining the Cherry Find forum and helping me to convince the brokers that it makes sense for them to support our fight. The link to the thread running on the CherryFind form is >>> http://www.cherryfind.co.uk/forum/topic/details/31382
.

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12:02 PM, 30th November 2013, About 11 years ago

OK - advice help please (and of course apologies for doubting the credentials of Anon to advise us - just being cautious)
I have amended the letter to be from 2 people .. so 'our' rather than 'my' etc. But when I looked out the contact details as to who 'recommended' the WBBS product to us and then checked the address given I discovered that the particular branch of YOUR MOVE we used is no longer open (and I also happen to know that the specific advisor moved on to other YM branches long since and has now I believe left the company altogether) So... should i name him? and should I send our letter to the YM Head Office in Newcastle upon Tyne or to another local branch office? or to both? Thanks in advance for your help

Mark Alexander - Founder of Property118

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12:15 PM, 30th November 2013, About 11 years ago

Reply to the comment left by "Denise Doms" at "30/11/2013 - 12:02":

Hi Denise

I think it is perfectly OK for you to modify/personalise the introductory paragraph of the letter.
.

Mike L

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12:18 PM, 30th November 2013, About 11 years ago

After a bit of a wait I have today received a reply from Rt Hon Justine Greening, MP. She has written directly to Jonathan Westhoff at WB requesting a response and to Martin Wheatley at FCA. She will let me have Mr Westhoff's response. I think this is another excellent result as it keeps the pressure up on both WB and FCA. Even more so, Mr Westhoff will now need to respond in person and no longer be able to hide behind his minions and in doing so will go on record. Can't wait!

Lucy McKenna

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14:03 PM, 30th November 2013, About 11 years ago

I like Anon's letter, it all makes good sense. But I also agree strongly with Denise, we need advice in case there are any hidden pitfalls.

Appalled Landlord

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14:07 PM, 30th November 2013, About 11 years ago

Reply to the comment left by "Addicted to fighting the WBBS" at "30/11/2013 - 04:28":

IMMUNE READERS
If you are direct customers of WB please do not post on this forum under your real name. Mark Alexander will advise you what to do.

Mark Alexander - Founder of Property118

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14:10 PM, 30th November 2013, About 11 years ago

Reply to the comment left by "Appalled Landlord" at "30/11/2013 - 14:07":

Good point, West Brom could simply target such people.

You can change your name by editing your member profile. This will also change your name on all previous comments.
.

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14:13 PM, 30th November 2013, About 11 years ago

Reply to the comment left by "Appalled Landlord" at "30/11/2013 - 14:07":

Is this new advice from Mark re not posting under our own names? Tad late for some of us - but I will restate my strongly held belief that we live in a democratic country where we are entitled to have - and to voice - our opinions and must be able to trust and believe that we will not be victimised, bullied or penalised for doing so

Lucy McKenna

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14:14 PM, 30th November 2013, About 11 years ago

Thanks Mark I now realise that you had replied and that you like Anon's letter.
If the mortgage was arranged directly with the Building Society and not through a broker. Could it be the case that the conveyancing lawyer was negligent, could a claim be made on their insurance.

David Ellis

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14:46 PM, 30th November 2013, About 11 years ago

Reply to the comment left by "Mike L" at "30/11/2013 - 12:18":

Hi Mike I hope you're MP has more success than mine who wrote to Mr Westhoff at WBBS and Sajid Javid at HM Treasury (original letter to George Osborne) Mr Westhoff didn't even bother replying to my MP but got Andrew Jones Group Risk Director to reply.

I have subsequently written back to my MP very strongly with regards WBBS reply and the reply of Sajid Javid MP. WBBS will no longer reply to any of my correspondence as they have finished with my complaint as far as they are concerned.

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