Court of Appeal Date – West Brom Tracker Case

Court of Appeal Date – West Brom Tracker Case

6:39 AM, 8th April 2016, About 8 years ago 17

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Mark Smith of Cotswold Barristers has confirmed the date and time of the Court of Appeal hearing in the case of MARK ROBERT ALEXANDER (as representative of the “Property 118 Action Group”) Claimant – and – WEST BROMWICH MORTGAGE COMPANY LTD Defendant will be at 10 am on Thursday 28th April 2016 at Royal Courts of Justice, Strand, City of Westminster, London, UK. West Brom Tracker Judgement

To fight the case a legal action fund of well over £500,000 was raised via by landlords affected by the tracker rate hike.

The case has widespread implications on the basis that other lenders with similar clauses in their mortgage contracts may also choose to vary their tracker rate margins if the appeal is unsuccessful. Previously, Bank of Ireland had also increased some tracker mortgage rate margins but insufficient funds were raised to take the legal challenge all the way to Court.

Mark Alexander said “we are bringing out the big guns now that we are at the Court of Appeal. We hadn’t raised enough money to do that in the early stages of this legal battle but our legal team has now been strengthened with the addition of Michael Ashcroft QC, who is responsible for much of the case law that our case is reliant upon”

Mark Alexander, who is the founder of and lead claimant is this case is asking all landlords to spread the word and to bring as much press attention to this case as possible. Win or lose in Court the negative publicity alone could make other lenders think twice about any plans they may have had to follow suit.

The action requested from all readers of this article is to  …

  1. Share this article on Social Media
  2. Leave a comment in the discussion thread below advising which Newspaper(s) you will be encouraging to report on this case. If lots of people make contact with  the same newspapers that’s a good thing because the editors will soon realise this case has wide interest.
  3. Actually contact the Newspapers. Not just a quick email but follow up with calls, more email and whatever else it takes to persuade them to publish an article.

To read more about the case please follow THIS LINK

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Mark Alexander - Founder of Property118

7:08 AM, 8th April 2016, About 8 years ago

Hello all

I have just sent the following email to Nicole Blackmore at The Telegraph with a cc to Richard Dyson ...

Hi Nicole

Please see

I trust we can count on your continued support?

I am now living in Malta but will be flying back for the hearing. My flights are booked.



David Lawrenson

8:16 AM, 8th April 2016, About 8 years ago

Will do Mark, but it's so odd that only the DT has covered the case which has huge implications for all folk on trackers.

Mark Alexander - Founder of Property118

8:33 AM, 8th April 2016, About 8 years ago

Reply to the comment left by "David Lawrenson" at "08/04/2016 - 08:16":

Thank you David.

We have had a lot more press coverage than you are giving us credit for, see

Chris Novice Shark Bait

10:02 AM, 8th April 2016, About 8 years ago

Mortgage Express and several others no doubt champing on the bit to get started if we fail. The importance of this case is huge.

Thanks Mark for all your unwilting efforts on this.

Hope you have found some serenity and better weather in Malta.

David Lawrenson

10:37 AM, 8th April 2016, About 8 years ago

Reply to the comment left by "Mark Alexander" at "08/04/2016 - 08:33":

Thanks Mark,
Yes there was good coverage, and you put in a great effort (and so did others to get it). Could not have done more.
What was frustrating was that most of the press did not come down as heavily on our side as I might have hoped. OK, they all seem to hate landlords (except for the Telegraph) but the press generally did not elucidate that this was a matter of breach of contract and bullying by a big financial services firm. They did not seem to GET this "core issue".

Astounded that The Times resolutely failed to report the case in any meaningful way.

Can you provide link to press release that I can just send out to the key journos I'm in touch with - and I'll do my bit to try and get more coverage. My best connections outside the Torygraph are at the FT. I have rather given up on The Times with this particular story, but will try again, just for the hell of it.

Kind regards as ever
David Lawrenson
David Lawrenson recently posted...Buy to Let Mortgage Borrowing Limits

Dr Rosalind Beck

11:24 AM, 8th April 2016, About 8 years ago

Stephen Glover at the Mail is the latest landlords' champion. I will write to him and suggest others also do this. I am not atm affected by this but I did make a financial contribution because this is important for all of us and we should stick together on these attacks against landlords.


19:42 PM, 8th April 2016, About 8 years ago

We are affected by this and have contributed.

Again one has to feel for the tenants at our properties with West Brom mortgages as they have had to bear the rent increase for the West Bromwich hike, the rent increase to cover our loss of the 10% wear and Tear allowance and of course this year the start of the Tenant Tax rent increases.....

I have had letter this week from B&B saying that my ME mortgages may increase! OD BE UNDER NO ILLUSION the decision is taken and other lenders are poised ready and the gumph is already proofed and at the printers ready to send to landlords should be lose the appeal.

Indeed it is alarming that the press have not picked this up in the way you'd age thought they would as if we loose the appeal, rents will rise as lenders take action and increase their tracker rates... landlords will have no option but to increase rents.

The only solace is that the logic and law applied by the initial judge was that lenders have to act if they are not making money. So, we landlords would be covered by that same logic and point of law in increasing rents if conditions changed. It would be legal precedent for not having to abide by rents caps or rent restrictions.

Onslow Clough

17:02 PM, 11th April 2016, About 8 years ago

I have contacted Kate Wellington, Senior Lawyer at Which? to let her know about the Appeal. She is back in the office on Wednesday, at which time I hope to hear from her. She and her team were extremely supportive when this all began, and put together a clear and thorough legal argument against the move by Bank of Ireland when they wrote to Andrew Tyrie, Chairman of the Treasury Select Committee in March 2013. I am sure that she will try to help.

Andy Bell

11:25 AM, 28th April 2016, About 8 years ago

I'm on the edge of seat here, No twitter of forum news yet, maybe hear something at a lunch break? Is anyone else watching?

Jayne Lovett

11:38 AM, 28th April 2016, About 8 years ago

I am interested in this case as I have had the same interest hike from the Skipton building society in 2009 and now have a 4.99% tracker. I wish everyone the best of luck today.

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