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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Comments

David Lawrenson

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9:55 AM, 22nd October 2013, About 11 years ago

Just wondering, and sorry if this has already been covered, but I guess Justin and his legal team have looked at what happened 2+ years ago in the case of Skipton BS, who did opt to settle out of court?

I understand that the case was slightly different, but in many ways - and in particular, the use of terms hidden in small print to renege on an interest rate - it was the same.

Here is the link to a Google search on this case:
https://www.google.co.uk/#psj=1&q=skipton+class+action

The obvious question is this: Are there any lessons to learn from this for your campaign?
At the very least, it would seem to suggest to us, that building societies, when under pressure, have a history of settling out of court.

This should at least inform the action of any waverers who are reading this post and sitting on their hands.

But a comment from Property118 / Justin on how this earlier case might shape the outcome on the WBBS and BoI would be useful.
And apologies if you have covered this before.

Kind regards
David Lawrenson
http://www.LettingFocus.com
Private Rented Sector Advice

David Lawrenson

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10:25 AM, 22nd October 2013, About 11 years ago

Reply to the comment left by "David Lawrenson" at "22/10/2013 - 09:55":

We realise of course, that the Skipton case involved residential mortgages, but still, I guess there must be lessons to be learned from that class action and from Leon Kaye who were the firm of solicitors that handled it (though it seems they were not as successful as you have been in garnering folk to join the class action).

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11:40 AM, 22nd October 2013, About 11 years ago

Help please.

I am a new member being somewhat lazy as I am not directly affected by BOI or West Brom, but responded as a concerned landlord and now there seems to be a huge amount to wade through to find what I want.

I wish to do 3 things,

1) Write to my MP - is there a template for someone not directly affected?

2) Write to the Fin Ombudsman - is there a template?

3) Donate £100 to the fighting fund - such that I will be fully advised of progress/barrister's advice.

Thanks in advance for any help.

David Ellis

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11:58 AM, 22nd October 2013, About 11 years ago

Reply to the comment left by "Kevin Jeffery" at "22/10/2013 - 09:30":

I think like Kevin I might have problems with my cheque and copies I sent on 14th October 2013 to Justin by recorded first class post reaching Justin. The item has not yet been signed for on the Royal Mail web site. I tried ringing Justin's office this morning and they have got problems with their phone system and someone would ring me back later. Mark do you know if their is someone in Justin's office evvery day to sign for mail that is recorded? I hope it has been received at Justin's office when they ring me back. If not I don't mind transfering my £240 direct to the bank account but not looking forward to the hours of photocopying again.

Devon Landlords

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12:15 PM, 22nd October 2013, About 11 years ago

Reply to the comment left by "David Ellis" at "22/10/2013 - 11:58":

We had the same issue David. Posted it by First Class recorded and the Royal Mail website said " being progressed through our network for delivery" over a week later. So my wife rang Justin's office last week and actually ended up speaking to him (although would have been happy with a secretary as we didn't want to waste his valuable time). He checked and said they had received it. A day later our bank statement showed the cheque had cleared fine. So don't know what Royal Mail are playing at - either that or they've had so many deliveries they just didn't get a chance to sign for them all!

David Up North

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12:44 PM, 22nd October 2013, About 11 years ago

HI all,
just wanted to make a few points, apologies if this has been covered as I've only been following for the last few days.
in November 2008, I received a letter from the WBMC offering me to switch mortgages for a product that was another base rate tracker and was discounted for a period of time, which all sounded very good. however this product had a base rate floor of 2.75%. needless to say, I didn't switch. my point though is this. At the time the West Brom must have considered our existing base rate tracker to have been fixed, otherwise they wouldn't have tried to get people to switch to their new product! there wouldn't have been any need.
With regard to WBMC response to say that under clause 5 they are entitled to vary the rate, I don't understand this at all. The clause goes on to say " except during any period in which the interest is expressed to be a fixed rate. My mortgage says that the premium will be 1.99% until the term end. You can't get any more expressed than quoting a fixed figure.
I'm not a lawyer but I've been involved with contract law in my position all my working life and in my opinion they have no argument whatsoever.

Mark Alexander - Founder of Property118

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12:54 PM, 22nd October 2013, About 11 years ago

Royal Mail Issues - please retain copies of anything you post. If we need a cut off date it will be announced. Receipts for all packages will be sent in due course and in the absolute worst case scenario it will be at the same time as any notice for any cut off period is announced so you will have time to deal with matters.

@David Lawrenson - despite 68,000 borrowers being affected by the changes made by Skipton a few years ago the issue was very badly publicised and marketed. Less than £10,000 was raised as a result. It is impossible to prove a negative but I have every reason to believe a settlement was never reached as litigation never actually commenced. It is my intention to look into reviving the case against Skipton and claims for compensation once we have concluded at least once of the cases against West Brom or BoI.
.

Mark Alexander - Founder of Property118

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13:06 PM, 22nd October 2013, About 11 years ago

Reply to the comment left by "David Up North" at "22/10/2013 - 12:44":

Hi David

It has been covered before and even though you may not be a lawyer you are pretty much spot on in terms of our lawyers case against west Brom. Obviously there's more legal arguments but you've hit the nail on the head.
.

Paul Sotheran

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13:07 PM, 22nd October 2013, About 11 years ago

Reply to the comment left by "Peter Cole" at "22/10/2013 - 12:15":

Again like Peter and David I sent my documentation a week ago by recorded delivery and Royal Mail are saying that at this moment in time they have no delivery information on this item. I too rang Justin’s office yesterday and also ended up speaking to him. He told me he would check and get back to me. Not heard anything yet.

I have since sent an email to their info@ address but it seems to me, in the absence of Royal Mail’s tracking service, that we need some kind of feedback/acknowledgement that our information has been accepted and we are named in the Class Action. I don't want to assume I'm in when in reality I'm not.

Mark Landlord

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13:11 PM, 22nd October 2013, About 11 years ago

I have today received a response letter back from the BoE which pretty much says it's got nothing to do with them and referring me to the FCA & the FOS.

Nothing to do with them ?? So setting the base rate at a certain level to aid the economy and then certain banks changing the rules to suit them ie making their own base rate has nothing to do with them?!!

Also got a letter back from the PM well not actually him but his Correspondence Officer saying that they have forwarded it onto HM Treasury.

However, I havent just accepted that but sent another letter back asking him to enquire directly on the matter and then respond.

Will let you know if he/they respond.

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