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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Stewart

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13:30 PM, 9th October 2013, About 11 years ago

I wonder if we might all cancel our direct debits from WBBS and simply continue to pay at our existing rates by standing order?
Since that would be at the original agreed rate that would seem fair......

Andy Bell

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14:29 PM, 9th October 2013, About 11 years ago

Could this be crucial:

Page 14 of the booklet , Bullet point 6

"These Mortgage Condition incorporate any terms contained in the Offer of Loan. If there are any inconsistencies between the terms in Mortgage Conditions and those contained in the Offer of Loan then the terms contained in the Offer of Loan will prevail"

If the KFI is part of the Offer of Loan and says the margin is fixed, then this condition in the booklet clearly says it overrides a condition that says is can be variable?

Ian Hunter

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14:44 PM, 9th October 2013, About 11 years ago

Reply to the comment left by "Andy Bell" at "09/10/2013 - 14:29":

well done....let me bug the b*****ds and find out.

Neil Patterson

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15:24 PM, 9th October 2013, About 11 years ago

Please can everyone read Mark's Latest Article http://www.property118.com/contra-proferentem-mortgage-conditions/44061/

Andy Bell

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15:27 PM, 9th October 2013, About 11 years ago

Reply to the comment left by "Andy Bell" at "09/10/2013 - 14:29":

And if the KFI is not classed by them as part of the offer then none of amounts are part of the contract so maybe I don't owe them anything and the mortgage is invalid. It was very generous of them to give me all that money and to have any rights to get any of it back.

Andy Bell

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16:00 PM, 9th October 2013, About 11 years ago

Reply to the comment left by "Neil Patterson" at "09/10/2013 - 15:24":

Thanks for the heads up Neil

http://www.property118.com/contra-proferentem-mortgage-conditions/44061/

Excellent article by Mark and I agree.

Apologies for getting carried away every time I spot something new.

George Top

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16:05 PM, 9th October 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "08/10/2013 - 13:12":

Hi Mark,

If the mortgage is in joint names would the cheque for data protection request be £10 or £20?

Thanks

Helen

Dean

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16:18 PM, 9th October 2013, About 11 years ago

Reply to the comment left by "Andy Bell" at "09/10/2013 - 16:00":

Yes fantastic article Mark. Im guessing that that will be the handle then that the solicitor and barrister will take .

I also agree we still need to keep lobbying MPs and papers Tv and radio where ever possible to soften WB up.

I still think though that trying to get financail help from PII providers will ensure there is a sufficient fund to pay for a proper legal battle.

Some one linked today to an article in what appeared to be a mortgage magazine. That article touched on Brokers failing to inform borrowers of this clause .

Annette Stone

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16:24 PM, 9th October 2013, About 11 years ago

Mark what a brilliant explanation of the Latin. I feel a bit at a disadvantage in this discussion because I do not have any mortgages with West Brom but I do have plenty of buy to let loans and my heart is with all of the wonderful people who are contributing on this site.

May I just say I absolutely agree with you that the legal issue should concentrate on your argument. Judges like a simple straightforward case and people reporting on the issue also like one argument to focus on.

All of public relations that people are doing is wonderful and the article in the Mail was great. For my part as a managing agent I am trying to raise this when speaking to my buy to let landlords to try and widen the interest and perhaps other people in the property business could do the same. The more people believe they could be trapped in this situation the more support you will have

Finally, in the letters page of THE TIMES today someone has commented that apparently landlords have nothing to complain about with rates around 6% or less as they have been higher for most of the last 40 years. In his opinion one solution to the shortage of housing is to tax landlord's profits at a higher rate and use the money to provide additional housing!!!! I think the more responses this got via the letters page of THE TIMES the better and mine is winging its way as we speak.

Dean

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16:30 PM, 9th October 2013, About 11 years ago

Reply to the comment left by "Annette Stone" at "09/10/2013 - 16:24":

I wouldn't worry about some muppet talking down landlords and trying to get tax up

Im an accountant and if anything like that came in there are things you could easily do to move income from property to something else legitimately.

Whoever it is is a d@@@

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