West Bromwich Building Society Statement Regarding Court of Appeal Judgement (5913A)
08 Junho 2016 - 5:57AM
UK Regulatory
TIDMWBS
RNS Number : 5913A
West Bromwich Building Society
08 June 2016
Statement regarding Court of Appeal judgement
We are disappointed with the judgement handed down today by the
Court of Appeal, which has overturned the Order of the High Court
in the case of Mark Robert Alexander (as representative of the
'Property 118 Action Group') and West Bromwich Mortgage Company
Limited, a wholly-owned subsidiary of West Bromwich Building
Society (the Society).
This judgement relates to the decision taken in 2013 by the West
Bromwich Mortgage Company to vary the interest rate margin charged
for certain multi-property landlords in line with the terms and
conditions of their buy-to-let mortgages. It affects landlords who
took out their mortgage up to 2008.
The terms and conditions of these mortgages contain a clause
which, under certain circumstances, enables the lender to change
the mortgage interest rate to something more in line with the
current market norm.
Savers, who represent the vast majority of the Society's
members, have suffered a dramatic fall in income due to lower
interest rates.
The Board of the Society therefore acted in accordance with its
overarching duties to treat customers fairly and to act in the best
interests of members as a whole, savers as well as borrowers.
After careful consideration and in response to the unprecedented
reduction in interest rates over recent years and the increased
relative cost in providing these loans, the Society could not, in
order to protect the best interests of members, ignore this clause.
The Court of Appeal has today ruled that the relevant clause is
inapplicable in these cases.
While we are disappointed, we accept the Court of Appeal's
decision and so will be contacting all affected borrowers,
including those who were not part of this action, to advise them of
the outcome and that we will be reimbursing them any additional
interest charged.
Other saving or borrowing members do not need to take any action
as a result of this news.
The one-off cost of this will be approximately GBP27.5m.
Although this will result in the Society recording a loss for
the year to March 2017, underlying profitability is expected to be
maintained and the capital position of the Society remains strong
and is significantly in excess of regulatory requirements.
Jonathan Westhoff, Chief Executive said:
"Naturally we are disappointed by today's decision from the
Court of Appeal. At all times we acted to ensure we were treating
customers fairly and that our approach was in the best interests of
the Society and its members as a whole. We will now contact all
affected borrowers and ensure we process promptly any reimbursement
they are due. In line with our prudent approach to managing the
Society we had already allocated capital to cover this unexpected
outcome and so the Society remains in a strong financial
position."
Enquiries
Nick Trueman
0121 796 7785
nick.trueman@westbrom.co.uk
OR
Andy Donald - Maitland
020 7379 5151
adonald@maitland.co.uk
This information is provided by RNS
The company news service from the London Stock Exchange
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