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 Smith Head of Chambers Cotswold Barristers

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18:39 PM, 3rd December 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "03/12/2013 - 18:24":

CLASS ACTIONS

There are two types of multi-party action in UK.
1. Group Litigation, where a number of people affected by, for example,a defective drug or product would start a case against the manufacturer for individual compensation. There is one legal issue between the claimants and the company, namely 'are they legally liable for the injury their product caused', and if so they will have to pay compensatory damages. All those affected need to be involved as they all require to be compensated.
2. 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 answer therefore is that only those who sign up to the representative action will have the cast-iron benefit of the win in court.

Mark Alexander - Founder of Property118

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18:48 PM, 3rd December 2013, About 11 years ago

Reply to the comment left by "Mark Smith (Barrister-At-Law)" at "03/12/2013 - 18:39":

Thank you Mark, I have now added "Representative action" to our list of Tags for Google SEO purposes, just in case there are any frustrated lawyers out there who are affected by this case and can't find us 🙂

They should take effect within the next day or so. I may forget so if somebody reading this wants to make a note and try it over the weekend I'd be very interested in what they discover for from a Google search of say "West Brom Representative Action" 🙂

Scrap that, I've just done it and we are on page one already. Ooooo I do love being part of the officially recognised Google News Network!!! They seem to be crawling the website every 15 seconds at the moment.
.

Ed Atkinson

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22:02 PM, 3rd December 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "03/12/2013 - 18:17":

"I now know for certain we will have all the money we need to fight the case when we need it." MARK THIS IS TREMENDOUS NEWS. Well done.

When we started back in September, our greatest concern - by some margin - was the case fizzling out through lack of funds. (That was the problem with the BoI case wasn't it?) To hear that funding is now sorted is brilliant. Again well done.

Mark Alexander - Founder of Property118

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22:33 PM, 3rd December 2013, About 11 years ago

Just searched again and "West Brom Representative Action" is now at the top of page one of the Google search results 🙂

I've had a LOT of emails from "sideliners" today with all sorts of excuses including:-

"I'm skint"

"How long have we got?"

"Let me know when you're ready to make a claim"

"I've got X properties, can I register just one" - Yes but only one account will benefit directly from the win.

...... and so the list goes on.

I've come up with a proposal about what to do about accounts beginning with a 9 by the way. I would appreciate your thoughts. These can't be included in the initial action unless West Brom decide to include them before we serve. However, for any member who has paid for an account number beginning with an 8 and for currently unaffected borrowers who have contributed at least £50 to the marketing fund the fee will still be £240 per account beginning with the number 9 if/when necessary.

All other accounts will be charged £1,500 to be represented after the initial Court action and Property118 will take 30% of this fee as a handling charge to raise funds for further development of the website.

There will be no increase in fees until the fund is closed seven days before papers are served to the Courts.

What do you think?
.

Badger

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22:47 PM, 3rd December 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "03/12/2013 - 22:33":

Brilliant - covers all the bases in a clear succinct manner.

Richard Adams

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22:49 PM, 3rd December 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "03/12/2013 - 22:33":

Admirably fair. Those still fence sitting have ample time remaining to commit at £240 per mortgage which always was an absolute steal and still is. Actually £1500 is cheap at the price compared to going it alone.

AnneJ

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23:05 PM, 3rd December 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "03/12/2013 - 22:33":

Excellent Mark for putting this all together. Many many thanks again for all your hard work. I am sure the fence sitters will be joining up ASAP. They really do need to sign up to the 'West Brom Representative Action' without further delay.

shaun campling

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23:14 PM, 3rd December 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "03/12/2013 - 22:33":

seems very fair to me mark. you don't need to be a rocket scientist to work out that you MUST join the action. dithering is the response of a fool to my mind. i had worked out within 10 minutes of discovering this site that it was my best chance of undoing this injustice and that was way back before the sum per mortgage was announced. in fact the figure i had in mind was significantly higher than #240. so at that price i couldnt get my cheques off quick enough. i too read every post and and as every day passes i become more and more confident of success. well done!!!

Jackie Kay

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23:52 PM, 3rd December 2013, About 11 years ago

Well done Mark! I'm impressed. I completely agree with you. There needs to be a deadline and obviously there are lots of people watching and waiting - they need to get on board and quick at the bargain basement price of £240!

Chris Novice Shark Bait

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23:58 PM, 3rd December 2013, About 11 years ago

Well done. I have moved from a wary doubting Thomas to paid up member. I keep an eye on progress, tick all the boxes, jump through all well suggested hoops, with a good deal of hope, content to have paid my fees x3. My storey may not be important but was a deterrent initially. There are so many others out there who need the support of this group. We all know this but struggle to understand the reluctance to sign up. Come into the fould.

We have some amazingly energetic leaders on this site, doing commendable work, for which I am very grateful. For all those who do not yet appreciate this, look at the gathering momentum and the obvious resolve. If you are reluctant to join then at least post on this site and explain your concerns and alternative expectations and strategy.

We are all landlords of some description, I assume? Are we as landlords going to allow lenders to treat us like sheep? Cough up now or be fleeced and bleat into eternity.

Chris.

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