Bank of Ireland increase differential on tracker rates

Bank of Ireland increase differential on tracker rates

10:32 AM, 28th February 2013, About 12 years ago 1862

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The story of the Bank of Ireland decision to increase to the differential (interest rate margin) on  tracker mortgages started on this forum when a professional landlord contacted Property118 within minutes of a letter from Bank of Ireland landing on his door mat. What ensued was outrage from landlords and affected residential mortgage borrowers. The story was quickly picked up by the National Media as it wasn’t just the 13,500 affected borrowers who were worried.

Will this set a precedent for other mortgage lenders to follow?

Property118 reacted by using funds donated to The GOOD Landlords Campaign to underwrite the cost of a barristers opinion on the legality of the Bank of Ireland’s actions. The remainder of this thread,one of the most read and most commented threads of all time on Property118, continues to tell the story as it unfolds.

If you want to skip the story and cut to the chase simply CLICK HERE

Of the 13,500 affected borrowers, 1,200 have had the decision reversed by Bank of Ireland. With additional support and pressure we believe all affected borrowers can and will see justice done.

___________________________________________

Lee, a professional Landlord asks, “help! I have just received a letter from the Bank of Ireland stating they want to increase the differential on my tracker rates.

I have 12 mortgages with the Bank of Ireland previously Bristol and West. I have been on a base rate tracker of 1.75% above base, but now Bank of Ireland are using some fine print claiming they have to recapitalise and saying the ‘new differential will be 4.49%.

How can I fight back?”

The original policy wording seems to be:

6 INTEREST

Charging interest at a tracker rate

(j) Unless we change the differential (if any) under condition 6 (n), we will not change the tracker rate unless the base rate changes.

(m) in condition 6 (n):
– a “positive differential” means a percentage which we add to the base rate to arrive at the tracker rate; and a “negative differential” means a percentage which we subtract from the base rate to arrive at the tracker rate.

(n) We may reduce a positive differential or increase a negative differential at our discretion by giving you not less than seven days written notice. This means that we can change the differential in a way that is favourable to you.

The above seems to indicate that they can reduce the rate in my favour, but not give them the right to increase it. Am I correct?


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Fed Up Landlord

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17:53 PM, 4th January 2014, About 11 years ago

Reply to the comment left by "abdul salique" at "04/01/2014 - 16:00":

Abdul if you are a member of the class action I am sure Justin Selig from Landlord Action has a template you can use. If you are not then from memory there's not a lot of space in the FOS form box so you have to be brief, succinct and to the point. Bear in mind it also depends on the mortgage terms and conditions as to what argument you put forward and if it was originally a Bristol and West or a BOI mortgage.

A SAL

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19:38 PM, 4th January 2014, About 11 years ago

Reply to the comment left by "Gary Nock" at "04/01/2014 - 17:53":

Thanks for replying to my comment Gary.
Unfortunatly I m not member of class action.
I bought my loan of Bristol and West in 2003.
This is the special condition -

From the day we make the loan up to and including 31st July 2006 (the promot ional period), the interest rate we charge will be at a fixed differential 0f 1.15% above the base rate. From the 1st Aug 2006 the interest rate we charge will track the base rate for the reminder of the mortgage period at a fixed differential of 1.75 above base rate unless we change the differential under 6(m) of our Residetial Mortgage Conditions

Any hekp would be appreciated
Thanks

mrs sharp

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22:04 PM, 4th January 2014, About 11 years ago

Reply to the comment left by "abdul salique" at "04/01/2014 - 16:00":

Hi Abdul, I have managed to dig out my FOS complaint form which I completed and submitted in April 2013, long before I discovered P118. I differ from many of the contributors in that mine is a domestic mortgage, and this is the only mortgage I have. Anyway, my complaint is based on my view that BoI has been unreasonable by twice increasing the interest rate in 2013, using their lame excuses such as the necessity to protect the banking system; I also question why, when the banking crisis started in 2008, BoI decided to wait until 2013 to take action; my complaint also detailed my knowledge that BoI has offered incentives to certain groups of mortgagees to move their mortgage to another company/product and in doing so are discriminating against others like myself who have been offered no such incentive; I also referenced the fact that BoI are/were offering new mortgages through the Post Office at 2%, but have increased my rate to 4.5%.

I don't know if this helps you, Abdul, but, you are welcome to use any of the above. I reiterate that my complaint is worded in a very basic manner as I am not financially astute at all and I am learning all the time on this forum. I would also add that I have no faith at all in the FOS system, unfortunately they seem to do their own thing in their own timescale and it all seems so inefficient to me left sitting here waiting for a decision.

Lucy McKenna

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9:39 AM, 9th January 2014, About 11 years ago

Hi Mark, re your comment 30/11/13 11.42. "IMPORTANT TO ALL" is there anyone out there still thinking about us?

Mark Alexander - Founder of Property118

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10:03 AM, 9th January 2014, About 11 years ago

Reply to the comment left by "LucyM " at "09/01/2014 - 09:39":

Hi Lucy

Below I have copied my response to the more detailed question you raised on the West Brom thread.

I am disappointed that you would even consider that I have deserted the BoI borrowers, nothing could be further from the truth.

The reality is that the campaign ran out of steam, there is only so much I can do. The success of the West Brom campaign is not a result of me putting any more effort into it, it's down to the promotional efforts of the group.

Both myself and Justin have continued to work on the BoI case, Justin hasn't even been paid for his efforts since the funds ran dry. Funds raised only amounted to around £10,000.

If enough money had been raised to take the BoI case to litigation perhaps the West Brom wouldn't have followed suit, we will never know the answer to that. However, the reality is that I have committed huge amounts of time this year to both campaigns and I have not been paid. It's not just the money, this has had an impact of my family too. If I am to commit to promoting cases like this in the future I will need to buy time elsewhere and that has financial consequences.

Once the West Brom case is completed we will have a far better insight into how much funding we will need to raise to take on the Bank of Ireland and (hopefully) we will have a far better track record for getting results which should make the fund raising a LOT easier.

Hopefully you will appreciate the time and effort I have put into both cases this year on an unpaid basis. I don't think it is unreasonable for me to expect to get paid if this does become a long term commitment, what do you think?
.

Tricia Collick

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11:10 AM, 9th January 2014, About 11 years ago

Reply to the comment left by "Mark Alexander" at "09/01/2014 - 10:03":

Mark,
I certainly appreciate the effort you and Justin have put in, the FOS have sent me another holding letter (I think a previous post refers to them having one too).
It would certainly be worth us all putting a small ammount more in the fighting fund, earlier the better as we are all paying almost double what we did before but don't leave it too long because everyones money will get tighter the longer it goes on.
I have been waiting a request for more funds.
The BOI will wait till the problem goes away, then they could raise it again...no-one can afford that !
Tricia

Lucy McKenna

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11:17 AM, 9th January 2014, About 11 years ago

Reply to the comment left by "Mark Alexander" at "09/01/2014 - 10:03":

Hi Mark, thanks for your reply. Please believe my comment was not intended as a knock at you personally it was meant as a request for some clarification. I admire enormously all your efforts and the time you spend on these cases, I often wonder where you find all the hours in a day.
Yes, I am a great believer in people being paid for the work they do, having always paid staff well because I believe good work deserves good remuneration.

Lucy McKenna

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11:27 AM, 9th January 2014, About 11 years ago

Reply to the comment left by "Tricia Collick" at "09/01/2014 - 11:10":

Tricia, that is my biggest worry, what is to stop the BOI keep raising the threshold? I am happy, as you suggest, to pay more money for assistance.

One problem I see is that landlords at the moment seem to be getting a pretty bad press and therefore no one has much sympathy for us even when it is clearly an unfair situation.

I watch the WB campaign in awe. Hopefully a good result for them will have an impact for us.

Lucy McKenna

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11:29 AM, 9th January 2014, About 11 years ago

I did give a small amount of money to help the WB case even though I do not have a mortgage with them. Would it be helpful if more BOI people did the same?

Mark Alexander - Founder of Property118

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11:41 AM, 9th January 2014, About 11 years ago

Reply to the comment left by "LucyM " at "09/01/2014 - 11:29":

Hi Lucy

As they say at Tesco, every little helps 🙂

I too worry that the longer this goes on the more people lose faith. I am very keen to see how matters progress in terms of the strategies that Mark Smith (Barrister-At-Law) has recommended to Justin in terms of costs protection. Based on the current level of borrower support for the BoI case, the cost of litigating without costs protection could be as much as £10,000 per borrower whether we win or lose. As we progress the West Brom case we will be in a much better position to understand what costs are likely to be capped at. Based on a win against West Brom we should also see far more enthusiasm from affected borrowers too.

The crazy thing is that there are three times as many people affected by BoI than there are by the West Brom rate hikes. Logically the fund raising for BoI should have been a comparative "walk in the park" so I can't really get my head around why we are where we are. It's a bit like asking why some YouTube video's go viral when better ones get very few views. The only thing I can put the West Brom/Boi scenario down to is the enthusiasm of the ever growing army of proactive promoters of the West Brom campaign. My hope is that good news for them will inspire a similar reaction from affected BoI customers but only time will tell.
.

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