24 June 2016
Alexander (as representative of the “Property118 Action Group”) v West Bromwich Mortgage Company Ltd [2016] EWCA Civ 496, [2016] All ER (D) 42 (Jun)
The Court of Appeal allowed a borrower’s appeal on the proper construction of the contractual documentation that related to a buy to let mortgage from the West Bromwich Mortgage Company Ltd. The lender’s standard terms were inconsistent with the product description in the offer document as they related to the lender’s ability to vary the interest rate and to demand repayment on one months’ notice and those terms, being inconsistent, were accordingly not incorporated into the contract.
