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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The Man From Nowhere

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17:06 PM, 12th December 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "12/12/2013 - 16:33":

Fantastic article over at FT Adviser! It's great to see the adviser forum Cherry being so supportive of us and our prospects of success, and so damning in its views of the West Brom's case.

On a different note, I emailed Anup Vyas at Vyman Solicitors and Shailesh Patel at Prideview Properties to see if they were interested in referring any clients who had been affected by the West Brom's BTL tracker rate hike to the Property118 representative action group but I haven't had a response from either as yet. Prideview states the following in an article on its website:

"We have met many borrowers in similar situations and are considering launching a class action lawsuit. So please get in touch with us (Shailesh Patel, Prideview Properties or Anup Vyas, Vyman Solicitors) if you wish to join us."

The preceding paragraph also states:

"You may also be aware that the Banks are relying upon market disruption clauses which they say allow them to charge higher rates of interest. Depending upon the precise terms of the facility letters and the general conditions, we have received legal advice to the effect that these extra interest charges are susceptible to challenge."

http://www.prideviewproperties.co.uk/2013/04/prideviews-client-defeats-west-bromwich-commercial-in-the-high-court/

I don't know if you or anyone else on this forum might have have more success eliciting a response from Vyman Solicitors and Prideview Properties? I know we don't really need any additional funds anymore but it would be good to get as many people as possible signed up the representative action.

Paul Eastabrook

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17:29 PM, 12th December 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "12/12/2013 - 16:33":

It's good that Donna was prepared to voice the positives, as I think there was some early suspicion and concerns at Cherry when we first started posting on its forum.

Charles Pilton

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17:47 PM, 12th December 2013, About 11 years ago

Dear All

I would strongly encourage all affected borrowers to join the West Bromwich Action Group.

The paperwork is simple and minimal and took me only about 10 or 15 minutes to do.
I would also encourage any buy-to-letter to donate to the marketing fund to raise awareness of this issue.

Just remember, if you don't join the Action Group, you won't benefit directly from the outcome. You would have to fight your own case which will cost you much more.
If West Brom can get away with this, the cost over the lifetime of your mortgage could be very substantial - many thousands of pounds.

In addition, you can be sure that other companies are watching this case and waiting to see if they too can change their interest rates.

Time is short, join the Action Group today!

Mark Landlord

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

Reply to the comment left by "Mark Alexander" at "12/12/2013 - 16:33":

Great articles on FT Mark !
Well done

Samir Patel

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23:57 PM, 12th December 2013, About 11 years ago

Reply to the comment left by "The Man From Nowhere" at "12/12/2013 - 17:06":

My name is Samir and I have a commercial mortgage with West Brom Commercial Ltd, a wholly-owned subsidiary of WBBS, but one that does not entitle membership to me.

I have a commercial mortgage with WBCL and they did a similar thing with my commercial mortgage about a 1.5 years ago, increasing my libor+1 mortgage to one of a "cost of funds" + 1 (reflecting 3 month libor), and hence I have been paying a significant premium over the quoted libor figures.

Shailesh and Anup, as mentioned in the header email, are significant players here, but in the commercial arena, and so their case may not fit completely with the BTL naughtiness that WBBS are undertaking.

It does, however, reflect the business' difficulties in committing to cheap deals that it can no-longer afford, and so it is looking to any strategy that can help it recoup as much as it can from the nose-to-tail herds in its portfolio!

They are currently trying to re-possess a commercial property from me on the basis of a breach of the LTV covenant, and their position is poor.

Shailesh and Anup have been involved from a professional basis involving similar case(s).

I wonder if there is a position here that might involve widening the whole strategy to encompass immoral and perhaps illegal behaviour on the part of the whole organisation, to include their activities in the commercial sector.

There is no doubt in my mind that these are the flappings of a fish struggling in de-oxygenated water (a pool with not much cash and too great a body-size). The bank over-reached itself and committed itself to perhaps un-affordable commitments that it is now finding un-manageable.

I would welcome the views of those involved in this thread as to how I, and others, might be able to be involved in a form of this action.

I also have some standard residential BTL commitments, and this is much my preferred arena of investment. I have no other mortgages with WBBS or any subsidiary.

Does anyone know of an asset-holding body where West Brom might park re-possessed assets and wait to make a profit on it, like the Vince Cable/Lawrence Tomlinson RBS situation that is currently in the news?

Will The Gasman

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The Man From Nowhere

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9:14 AM, 13th December 2013, About 11 years ago

Reply to the comment left by "Samir Patel" at "12/12/2013 - 23:57":

Hi Samir

You could try the following link. I believe GBR Phoenix Beard may be the firm you're looking for as they are responsible for valuing the commercial assets in the UK of West Bromwich Commercial Limited.

http://www.gbrpb.com/case-studies/lease-consultancy-and-valuation/west-bromwich-commercial-limited/

I hope the above is of assistance.

David Lawrenson

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10:08 AM, 13th December 2013, About 11 years ago

Reply to the comment left by "Deceived by West Brom " at "12/12/2013 - 13:28":

I am still awaiting a reply to my open letter to Andrew Tyrie too.
Pathetic isn't it.

David Lawrenson
http://www.LettingFocus.com/blogs
PS You may have seen in the news today a director of MEx owner, B&B was fined for hiding relevant info. I don't suppose the small sucker shareholders will ever be compensated and no one at the regulators will walk the plank either for this.

M Jones

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10:11 AM, 13th December 2013, About 11 years ago

Reply to the comment left by "Samir Patel" at "12/12/2013 - 23:57":

If we are questioning the WB's viability as a business, then surely we should be seeking to obtain an order whereby the increased payments on our mortgage accounts can be paid in escrow until the case is resolved?
It would be nice to think that as and when we win this case the WB have sufficient capital to return our money?
Mark can you let us know whether Justin is considering this?

Samir Patel

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10:17 AM, 13th December 2013, About 11 years ago

Reply to the comment left by "The Man From Nowhere" at "13/12/2013 - 09:14":

I think this company values their owned assets, and not those of customers.

My valuation was done by CBRE.

I don't think pursuing any valuer has any benefit for me. I have asked for an independent valuation of the property which will show it to be of significantly higher value than that in their valuation.

The behaviour of WBCL equates to that of WBBS and it seems to be a well-known industry fact that this bank over-reached itself and is desperately trying to reduce the value of its loan book, as well as make existing loans pay them more in order to make their position as a bank more viable.

Their poor judgement is now being visited on people who took out a loan with them in good faith ....

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