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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Alan Selby

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16:36 PM, 16th December 2013, About 11 years ago

Reply to the comment left by "Incensed Landlord" at "16/12/2013 - 16:16":

I do agree with your comments I am still waiting to a reply to my letter I sent a number of weeks a go.

Justin Selig - solicitor

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16:48 PM, 16th December 2013, About 11 years ago

In response to some recent comments regarding not hearing from us, all I can do is apologise. It is our aim to respond to everyone that has written to us, but sometimes it does take some time. I have taken on additional staff to assist with this case including dealing with sending acknowledgements to new clients. If you have not heard from us, please email ana@lawdepartment.co.uk and she will get back to you.

David Lawrenson

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17:40 PM, 16th December 2013, About 11 years ago

I have now had a reply to my open letter to Andrew Tyrie, Chairman of Treasury Select Cttee.

By way of b/ground, the link to my open letter is here:
http://www.lettingfocus.com/blogs/index.php/2013/11/mortgage-tracker-rates-open-letter-to-andrew-tyrie-mp/

Mr Tyrie's department has responded as follows.....

"Thank you for your letter of 28 November 2013 to Mr Andrew Tyrie MP, about increases in tracker rate mortgages. It has been passed to me for reply.

As you are aware, under current rules, the FCA has no jurisdiction over any mortgages covering buy-to-let properties. Also, at the time of the Bank of Ireland interest rate increase, the FCA did not think any other banks had imposed similar clauses allowing the lender to increase the differential between the base rate and a tracker rate.

The Treasury Committee does not have any confirmed hearings with the FCA at present but it does see them regularly and the Committee may wish to question them about this at their next appearance. Details of any upcoming oral evidence sessions are announced on the Committee’s website in due course.

The circumstances surrounding the West Bromwich’s interest rate increase on buy-to-let tracker mortgages is largely an issue for the Financial Ombudsman Service. However, I would expect that the Committee will also wish to look closely at its ruling.

Kind regards,
Steven Price
Senior Committee Assistant
Treasury Committee"

My comment: It would be interesting to see if Mark and Justin think this is of any interest or marks a shift in position.

Whilst I smiled slightly at the naivity of the FCA in thinking that the BoI was an isolated case (and perhaps for some laziness for not researching if other lenders had similar possible get out clauses - which is easy to check), I did feel that the tone of the letter indicated that Mr. Tyrie has not completely lost interest in this matter - and that the FCA might, at least, be questioned further.

Opinions of others who read this forum on this letter would be of interest.

Does it look like "business as usual" to you or do you think the letter may suggest this issue is possibly more alive in the minds of the MPs at least than we might have thought.

David Lawrenson
http://www.LettingFocus.com
PRS Advice

Incensed Landlord

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17:50 PM, 16th December 2013, About 11 years ago

Reply to the comment left by "Deceived by West Brom " at "16/12/2013 - 10:40":

Ah ha! But don't you see, they only offer fixed rate mortgages until they decide to put them up when they feel like it, didn't you know? Honestly, it's true!

They've just recently done this to 6,700 landlords with 'Lifetime Tracker' mortgages - honestly! Yep, well the POOR souls, they have to pay for their new offices, all the banker's bonuses (not quite sure what they have to DO to 'earn' a bonus, as they're only doing what they were contracted to do? What added-value are they giving?) and turn around the poorly performing business after all.

So I guess all this means they are allowed to break their contract with borrowers and to make THEM pay and make up the shortfall instead. It's not fair to expect them to make changes, is it? No? Oh well, then I guess it's okay then. My wife and two young daughters, who have nothing whatsoever to do with their failings, are expected to take the brunt of this. But that's okay, the bank and its employees are all right now. We don't really count as mattering. We're only mere mortals paying to keep this BS going...... (...BS = Building Society of COURSE - ahem!;)

Mark Alexander - Founder of Property118

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17:56 PM, 16th December 2013, About 11 years ago

Reply to the comment left by "David Lawrenson" at "16/12/2013 - 17:40":

Hi David

I think the response to your letter is yet another cop-out on the part of the Treasury but at least they have extended you the courtesy of not sending you a standard template response so far as I can tell.

I do think all of our letters are beginning to rattle the MP's though and I think we should keep pressing that. I read somewhere recently that 4% of the population are landlords but that 17% of MP's are landlords!
.

Incensed Landlord

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17:59 PM, 16th December 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "16/12/2013 - 17:56":

That's perfectly believable, Mark. Ironically (hypocritically?) the last Labour government had more members who were property investor landlords than the Conservatives!

Richard Adams

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18:03 PM, 16th December 2013, About 11 years ago

Reply to the comment left by "Incensed Landlord" at "16/12/2013 - 17:50":

Yes you, your wife & two daughters - like the rest of us - are expected to take the brunt of WB's quest for easy cash wherever they think they can get it from. Just the same as when a burglar breaks into your home and steals your possessions you have to take that on the chin also, although at least in that case you can claim off your insurance.

Both scenarios in addition to the financial loss are extremely unpleasant experiences.

Richard Kent

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18:07 PM, 16th December 2013, About 11 years ago

Reply to the comment left by "David Lawrenson" at "16/12/2013 - 17:40":

More scapegoating by the FCA.

Did anyone really expect anything less? (rhetorical) 🙂

Incensed Landlord

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18:19 PM, 16th December 2013, About 11 years ago

Reply to the comment left by "Richard Adams" at "16/12/2013 - 18:03":

Richard, yes that was meant (drenched) in a satirical manner, if it wasn't obvious. It was a very sarcastic response - not to the original poster, but to WBBS.

But yes, we have no recourse to any form of insurance in this instance - what a pity. Wouldn't it be great if West Brom were to offer insurance of this nature? Um, maybe a good idea!

Richard Adams

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19:17 PM, 16th December 2013, About 11 years ago

Reply to the comment left by "Incensed Landlord" at "16/12/2013 - 18:19":

Would you take an insurance policy from WB? Having trousered the premium they would find a way - small print - of avoiding paying out on any claim!

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