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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16:01 PM, 31st January 2014, About 11 years ago

Reply to the comment left by "Badger " at "31/01/2014 - 15:16":

Or these perhaps ...

1) Don’t be angry, your MP has clearly understood, this may be a completely alien concept to him.

He is highly unlikely to be aware of the Court case of OFT vs Foxtons which went to the Court of Appeal and which agreed that a landlord can indeed be a consumer but failed to recognise when a landlord ceases to be a consumer.

Your MP has clearly failed to understand that mortgage lenders are exploiting loopholes in consumer protection. He has also failed to recognise the failings of the FCA on the bank of Ireland and is probably unaware of this too >>> http://www.mortgagestrategy.co.uk/2005938.article?cmpid=msdaily_116742

The reason for this is that he probably has a million and one other things to deal with and can’t find the time to invest into drilling into detail in a subject he has little comprehension of. Having said that, he has clearly done quite a bit of work to have been unable to write the letter he has already provided.

We need MP’s like him because if we can win them over they will be our strongest allies.

To help him to understand the issues I am quite happy to speak with him on the telephone or to visit him in Westminster if he is agreeable. When your MP realises that the issue we are fighting could touch millions of voters he will perhaps take more notice.

Don’t give up at the first hurdle, at least you got a relatively swift response. I received a reply to a letter I wrote to my MP in November yesterday so I can assure you, you are definitely not dealing with a bad one here, just somebody who is yet to be convinced.

Having come from a 1980′s insurance sales background one of the first things that was drummed into me is that no means maybe and maybe means yes. So far it has served me well, it’s the very reasons we are having this discussion, on this forum. Most people would never have started this campaign. Winners make it happen, losers let it happen.

OK, that’s enough of the cheesy 80′s sales hype, good luck with your crusade 🙂

2) I forgot to add Scott, the FCA has not done all it can by any stretch of the imagination. Their response to our barristers opinion was a Whitewash, all they did was send it to the BoI and who got a QC to provide a very wishy washy response. What they should have done was to seek advice from an independent QC but instead they relied on their own staff analysis.

One option for us to consider going forwards is to fund a Judicial review of the FCA handling of the complaint. However, we need to give them a second chance before we go there. If we do proceed down that route it could be less expensive than private litigation depending upon whether the review considers the FCA to have been negligent. If they were, that might well back them into a situation where they would have to fund the legal action against BoI for us. Anyhow, I am possibly straying into potentially sensitive legal strategies now so I will say no more on this until we have our secure forum.
.

Badger

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17:10 PM, 31st January 2014, About 11 years ago

Thanks Appalled and Mark - just the ticket.

Just leaving for my appointment now...

Mark Alexander - Founder of Property118

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17:43 PM, 31st January 2014, About 11 years ago

Reply to the comment left by "Badger " at "31/01/2014 - 17:10":

Please report back later how you get on 🙂

Good luck!
.

Ju Stacey

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10:36 AM, 1st February 2014, About 11 years ago

After getting last month's newsletter from Simply Business (landlord insurance provider), I sent them a message about the campaign hoping it would get to the right person and they might put something in the next newsletter.
Having the newsletter in my inbox today, there's an article about "rates will not rise this year" I suppose technically that's true as it was Decenber that the rates rose.

http://www.simplybusiness.co.uk/knowledge/news/2014/01/rate-rises-2015/?ref_id=ENEWS_TR_0211&utm_source=email&utm_medium=newsletter&utm_campaign=feb14&

Mark Alexander - Founder of Property118

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10:47 AM, 1st February 2014, About 11 years ago

Reply to the comment left by "Ju Stacey" at "01/02/2014 - 10:36":

Thanks for this, I have posted a long comment on their website, it is currently awaiting moderation.
.

Badger

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12:40 PM, 1st February 2014, About 11 years ago

Report on my visit to see my MP - Angie Bray yesterday afternoon.

Angie will not sign the EDM. She cited the fact that to do so for us would lead to a clamour from everybody else plus the fact that she is not convinced that the EDM system is good value for the taxpayer and that "there are just so many of them". I wanted to ask her what was so expensive about the system but time did not allow.

Despite this she is supportive of our position and was disappointed that she was not able to attend the David Morris meeting with Mark Alexander which she expressed as being of great interest to her.

She has strongly suggested that we / the campaign contact the British Banking Association as they are "obliged" to listen to and investigate our complaint. I wondered whether they were likely to be interested as they represent the banks but she was adamant that they had to listen and investigate / respond. Not having recall of any mention of the BBA so far on the forum I wonder if this is a new angle that the group could pursue?

Here's the best bit.

Angie Bray is well in with Sajid David ("or 'Saj' as I prefer to call him") and has offered to get a briefing paper straight through to him by sending it with a personal note from herself - thus cutting right through the entirety of the civil service bureaucracy and guaranteeing that he will get it, read it, and actually respond in person. She will also speak to him directly. She is clearly very proud of her links with Sajid David and spent some time explaining to me how well she knew him and how closely they cooperate.

She was adamant that he was likely not even aware that there was a problem as yet and that all of the bland brush-offs so far received by members of the group will have come "from his civil servants protecting him".

She was particularly taken by the fact that, left unchecked, this problem could widen out to the huge numbers of people in the wider population with tracker mortgages.

Although not able to lead on the matter, she is keen to support the David Morris initiative and the call for a debate and asked to be kept informed.

Now - the problem - for various personal reasons I do not have the time to follow up on these suggestions and initiative. Clearly, as "the constituent" I will have to remain the liaison with Angie and her office on this and I am keen to do so, but I do not have the time to contact the BBA or, perhaps more pressingly as we need to follow up while matters are still fresh in Angie's mind, with the task of creating a coherent briefing paper on behalf of the group. (Presumably a 'brief' briefing paper is what is required / desired - not War & Peace!)

Are any members of the group able to assist with these two items?

Richard Adams

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13:24 PM, 1st February 2014, About 11 years ago

Reply to the comment left by "Badger " at "01/02/2014 - 12:40":

I believe that despite not supporting an EDM as several MP's have declined to do, all for much the same reason as Angie gives, they can still participate in the debate if and when it takes place? Hopefully they will do so as none of them have said they do not support its objective. She seems very much on board.

I fear the follow up action you describe will fall in Mark's lap if you don't do it. Seems a bit unfair? Can't you just find a moment to shoot off a letter to the BBA? There are plenty of non "War & Peace" briefing notes in the Forum posts.

Badger

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14:16 PM, 1st February 2014, About 11 years ago

Reply to the comment left by "Richard Adams" at "01/02/2014 - 13:24":

Richard, I am not about to go into detail about the serious personal circumstances that I allude to in this public forum but I'm afraid it really is the truth.

Richard Adams

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14:27 PM, 1st February 2014, About 11 years ago

Reply to the comment left by "Badger " at "01/02/2014 - 14:16":

OK.

Mark Alexander - Founder of Property118

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15:02 PM, 1st February 2014, About 11 years ago

Reply to the comment left by "Badger " at "01/02/2014 - 12:40":

Thanks for reporting back and I will be happy to provide a briefing sheet for MP's and also to write to the BBA. It's on my "To-Do" list for next week.
.

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