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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Paul Eastabrook

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14:50 PM, 31st December 2013, About 11 years ago

Reply to the comment left by "ROSEMARY BOSWORTH" at "31/12/2013 - 14:40":

It was Experian who admitted to me that WB may have carried out recent searches on us. There was also a visible footprint showing a search from WB on 3 November 2013 when I ran checks on us both using Experian's service myself.

Auntie P .

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16:05 PM, 31st December 2013, About 11 years ago

I have it in writing from Experian that they are 'unable to see any searches conducted through Experian by West Bromwich Building Society'. They have suggested Equifax and Callcredit. Equifax have verbally confirmed that WB has not accessed my information but I haven't yet checked with Callcredit.
I totally agree with Nicola that it is unethical for WB to search our personal information for their own selfish 'discriminatory' means. The FAQs on Experian website states that 'they can only look at your credit information if you have given them permission... Lenders can see only information similar to that which they give us and they must follow strict rules that clearly list what they can use the information for '
Anyone know what these 'strict rules' might be...?

Paul Eastabrook

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17:16 PM, 31st December 2013, About 11 years ago

Reply to the comment left by "Auntie P ." at "31/12/2013 - 16:05":

I suspect that the stated rules relates (in Experian's case at least) to providing data only in accordance with those permitted under its four global business lines of:
1. Credit services (help manage the risks associated with extending credit and preventing fraud.);
2. Decision Analytics (help clients solve complex problems and make valuable business decisions);
3. Marketing Services (help clients better interact with their customers, and increase customer revenue and loyalty); and
4. Consumer Services (provide credit monitoring, fraud protection and identity management services).

When I asked Experian to justify providing WB with information in the light of the above, it stated that "... as you believe it does not fall into any of our four global business lines. I would advise that the data we have provided to WBBS will be in line with their business requirements and as such will, IN ALL LIKELIHOOD, be covered by the ts & cs of your mortgage agreement with them." The capitals are mine, rather than Experian's, but suggest that Experian will provide the data if asked to do so by a trusted financial institution, irrespective of what the latter may actually want it for.

ROSEMARY BOSWORTH

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10:03 AM, 2nd January 2014, About 11 years ago

Reply to the comment left by "Ed Atkinson" at "31/12/2013 - 12:26":

At the time we took the mortgage no credit reference information was sort, they used a credit scoring system which provided a pass/fail result. I now have a copy of that report that states the following.

1. a satisfactory completed online application form
2. satisfactory assessment of valuation
3. satisfactory confirmation of status (i.e. Income)
4 satisfactory ID being provided

Provided by Connells Leighton Buzzard.

Lee Carroll from West Brom, states "In the light of this we are unable to provide you with any information regarding your credit reference records at the time of the apllication."

Mark Alexander - Founder of Property118

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11:19 AM, 2nd January 2014, About 11 years ago

HAPPY NEW YEAR

I'm back at my desk in sunny Norfolk and delighted to see that most of you have taken a break over the festive period. I hope you all had as good a time as I did 🙂

I have the first draft of the QC's opinion and have skim read all 73 pages. Clearly it is an unfinished piece of work as it doesn't have a summary of conclusions and recommendations but it is certainly very comprehensive.

The QC has broken down pretty much every argument we have raised on this forum and a few more besides. He has then followed each of these up with the legal basis of our arguments, the counter arguments which West Brom are likely to use and his opinion on why he thinks we are likely to win or lose each particular case. It is very interesting but it's a lot of information to take in at the first read. I will be reading it a few more times before I meet with Justin on Tuesday 7th January. I am hoping the final version will also have a costs proposal and a section on legal fees protection.

The meeting I have with Justin will be to establish which of the legal arguments we use and how best to apply the funds raised. We have a variety of options in terms of how to pursue this now and whilst it would be great to employ the QC to fight the case for us in Court, due to his fantastic track record in banking law cases, I doubt we will have the funds to do that. However, as Mark Smith (Barrister-At-Law) has also been very helpful on this forum I will also be asking Justin to take his views into consideration as to the best ways to litigate this case.

Mark Smith gave me his opinion that we have a 70% chance of a win and that he expected the first issue of the Court Action to be to apply for a costs protection order. Mark estimated the other sides costs are likely to be protected by such at order at circa £40,000 to £60,000. Therefore, based on ATE insurance being accepted on the basis of his 70% win rating our likely premium for the ATE insurance would be in the region of £12,000 to £18,000. Mark smith also quoted a fixed fee to litigate this case of £30,000, hence total costs exposure of £48,000 plus fees paid to Justin and his recommended barrister and QC to date which were capped at £15,000 and may even be less that was quoted. Note that Mark Smith's proposal also included an offer to claim against solicitors for negligence on a no win no fee basis in the event of us losing a case against West Brom.

The above is part of the information I was withholding and was also my reasoning for being sufficiently confident to announce early in December that that we had already raised enough money to commence litigation.

I have made no promises to Mark Smith that we will use him to fight the case for us, however, I have given him my assurance that I will make sure that he is considered. Other options are for Justin or one of his team to litigate the case for us or for an alternative barrister to be appointed with the benefit of the QC's opinion. No doubt Justin will also have recommendations in this regard. My own view is that we should have the best legal representation we can afford, based on both experience in similar cases and also personal interest in this particular case. Given the importance of this case it may well be a small team of legal representatives as opposed to just one person is appointed to represent us.

That's about as much as I can share with you at this stage until I meet with Justin next week but I hope you agree it's some very good news to begin the New Year with.

Wishing you all health, wealth, happiness and wisdom for the coming year and of course a win for this case. Let's hope we have some funds left over to fund a celebration event.

Finally, thank you for all the work Richard Adams has been doing in my absence with regards to my ebook and thank you to all of the people who have agreed to download it and give it a five star rating. As I have always said, this forum would be a very lonely place without all of you supporting it. I hope you will all continue to do so well after the outcome of the case against West Brom.
.

All BankersAreBarstewards Smith

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11:23 AM, 2nd January 2014, About 11 years ago

Thats great news Mark - thanks for updating the thread for us, and i am so glad you had a good break..

Les

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11:33 AM, 2nd January 2014, About 11 years ago

All seems extremely positive and at only £240 per mortgage quite a bargain. But, there is always a but!!!
I'm sure this question has been asked and answered but at the risk of repeating it, what is the best guess / chance of WB calling in the loans. I ask this as I have 2 mortgages with them which are highly geared and represent 25% of my portfolio.

I'd also like to wish this group well for the year ahead.

Charles Pilton

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11:39 AM, 2nd January 2014, About 11 years ago

Reply to the comment left by "Mark Alexander" at "02/01/2014 - 11:19":

Hi Mark,

This all sounds very good indeed.

Personally, if you feel the QC is particularly good, I would be open to paying further money to secure his services, within reason.

I would very strongly suggest to all participants in this action that having got this far, we should not take any unnecessary risks of losing. If paying another £200-£300 could increase the chances of victory we should do it. Given the potential costs if we lose, you will kick yourselves if you don't pay and you end up losing.

Mark Alexander - Founder of Property118

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11:48 AM, 2nd January 2014, About 11 years ago

Reply to the comment left by "Les Leadbitter" at "02/01/2014 - 11:33":

Hi Les

The QC's opinion looks at both the rate hike and the West Brom's ability to call in the loans. There are several legal arguments for each. My first reading of the QC's report is that there are very good arguments to suggest that West Brom can do neither of these things.
.

Mark Alexander - Founder of Property118

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11:55 AM, 2nd January 2014, About 11 years ago

Reply to the comment left by "Charles Pilton" at "02/01/2014 - 11:39":

The QC we used is one of, if not THE leading QC in this sector and prices his time accordingly. Personally I think it is unrealistic for us to consider raising enough money to appoint him to fight the entire case and would probably add another zero or more to the costs. Given that we appear to have such a strong case it would probably be overkill anyway. I do appreciate what you are saying though.
.

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