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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Geoff H

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13:34 PM, 23rd October 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "23/10/2013 - 10:53":

Hi Mark. I have received an email from Justin now. Many thanks for your prompt attention.

Lyn Perrett

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13:42 PM, 23rd October 2013, About 11 years ago

Reply to the comment left by "Justin Selig" at "22/10/2013 - 16:53":

Paperwork in post for 4 propertys along with cheque for £960. Many thanks for all the comments.

Dean

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9:36 AM, 24th October 2013, About 11 years ago

Did anyone see Watchdog last night ?

Obviously we were not mentioned again . But if a bank has sold you an account with benefits and they have tucked away in the terms and conditions hidden clauses about what you are and are not covered for this is mis selling ! They have to bring it to your attention.

Isnt this what West Brom have done to us , although to be fair to them they never really meant this clause to be used on our type of mortgages ?

If they had meant it to be on our type of mortgages they would not have had to get legal opinion as to whether they could use the clause.

Im sure they would also try and say we are not consumers so it doesn't apply to us. However, surely if banks are being told they have to make people more aware of clauses in Ts & Cs it has to help us ?

Scotty Lifetracker

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17:30 PM, 24th October 2013, About 11 years ago

Just had final knockback from WBBS. I made last ditch attempt to reason with Customer Relations. Explained that I had just got copies of all related documentation and wanted to put my argument forward that as a Lifetime tracker +0.59 my mortgage offer clearly states that my deal has 1 variable Bank of England and 2 fixed components, my premium +0.59 and term of 25 years. She pointed to highlighted T+Cs 5.1 and I directed her to same T+C's 'If there are any inconsistencies between the terms in the Mortgage Conditions and those contained in the Offer of Loan then the terms contained in the Offer of Loan Letter will prevail'. My Offer of Loan prevails over T+Cs and of course recent leaflet 'Understanding the changes to your buy to let tracker mortgages' where it states tracker mortgages have
2 variables !! She just kept referring to 5.1 and that this was their final response and I said so you don't want me to send letter explaining my objections and she said no go to FOS.I asked about Nov 2008 letter trying to get me to fix rate at 1.99% and then reverting to BBR + 0.99%, which I didn't go for because it was changing my fixed premium.!!!! Can't comment as she didn't know what I was referring to, I asked again if I should put my objections in writing and she said no they have made final decision. Obviously without knowing all the facts, so that will be the basis of my complaint to FOS, that if WBBS don't even want to know the basis of my complaint how can they say their decision is final. Sending all my docs to Justin and cheque for 720, fingers crossed class action is covered for Scotland. Thank you for all the useful information, keep up the good work.

Dean

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23:15 PM, 24th October 2013, About 11 years ago

Reply to the comment left by "Scotty Lifetracker" at "24/10/2013 - 17:30":

Where in terms and conditions does it say does it say offer of loan prevails. Ive not noticed that

Scotty Lifetracker

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0:20 AM, 25th October 2013, About 11 years ago

Reply to the comment left by "Dean Turner" at "24/10/2013 - 23:15":

It's under 1. Meanings of Words and Expression

Last point before 2. What this mortgage means

'These mortgage conditions incorporate any terms contained in the offer of loan letter. If there are any inconsistencies between the terms in the mortgage conditions and those contained in the offer of loan then the terms contained in the offer of loan letter will prevail.

In same section it also states ' Offer of Loan means the offer of Loan made by us to you consisting of the Offer of Loan Letter, the Special Conditions of Offer and our Standard Conditions of Offer and including any matters that may have been SPECIFICALLY altered by us in writing to you'

Also in t&cs 12. 1. ' that you will occupy the Property and you will use it only as a single private dwelling house and that you will not allow anyone other than you and your immediate family (as a single household) to live there.....'

Another t&cs not relevant to offer of loan !!!

Dean

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7:42 AM, 25th October 2013, About 11 years ago

Reply to the comment left by "Scotty Lifetracker" at "25/10/2013 - 00:20":

Thank you.

David Up North

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13:59 PM, 25th October 2013, About 11 years ago

Hi Mark,
Are we likely to get an update from Justin Today? has anything been agreed with Justin regarding updates. I think it would be very informative for everyone if Justin were to post on this forum every Friday for example, giving a brief summary of progress for the week. I wouldn't want to distract him from the task in hand but think this might be a way of keeping all informed without pestering him. At this point in time I would be interested to know how many people have financially committed and approximate funds raised.
forgive me if this has already been discussed and arrangements agreed.

Mark Alexander - Founder of Property118

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14:16 PM, 25th October 2013, About 11 years ago

Yes, Justin posts an update every Friday

Justin Selig - solicitor

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16:40 PM, 25th October 2013, About 11 years ago

LEGAL ACTION UPDATE:

We have had another great week in terms of responses. We are now representing 170 loans and our fighting fund has just broken the £40,000 mark.

Anyone who has sent us their documents and funds should now have received an acknowledgement from us. Once again, please accept my apologies for the delay in doing this. If you have sent your papers in the last couple of days, you will receive an acknowledgement next week.

A large number of people have emailed me individually. I will do my best to respond to them where I can, but please bear with me.

Instructions to Counsel have now been sent and I would expect a response in approximately 2-3 weeks time.

We have not yet had a response from WB to our letter sent last week.

Please keep an eye out for me tomorrow morning on the BBC News channel. I was interviewed yesterday on the West Bromwich case and it will be aired tomorrow morning at 10.30am. Alternatively, you should be able to pick it up during the week using the BBC iPlayer.

I'll keep you posted during the week should we receive a response from WB. Otherwise, I will update the forum again in a week's time.

Thanks for all your continued support.

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