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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Justin Selig - solicitor

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18:35 PM, 23rd January 2014, About 11 years ago

LEGAL ACTION UPDATE:

We have some very exciting developments with regards to the legal case we are proposing to bring against Bank of Ireland.

We are currently putting together an update and hope to publish it on this forum during the course of next week.

Please bear with us - we have not abandoned this case - indeed, we are very excited about our prospects, however in order to come up with a clearly thought through case, this does take time.

We will be posting again, next week.

ian

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18:51 PM, 23rd January 2014, About 11 years ago

Reply to the comment left by "Justin Selig" at "23/01/2014 - 18:35":

Many thanks Justin I for one do not mind how long you take.

Lucy McKenna

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18:54 PM, 23rd January 2014, About 11 years ago

thank you.

Lucy McKenna

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19:03 PM, 23rd January 2014, About 11 years ago

I meant to say I am so happy to read this, thank you.

Fed Up Landlord

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19:40 PM, 23rd January 2014, About 11 years ago

Reply to the comment left by "Paul Brindley" at "23/01/2014 - 13:52":

Am very buoyed by this news and also the fact from Paul that they did not validate the reasons for the increase. Are BOI getting cold feet? Is this going to be another cock up they have to own up to?

Let's hope so. Just had acknowledgement from my MP of receipt of the email that Mark posted.

Things may be looking up. All you BOI watchers out there. Come on and send that email to your MP. It costs nothing except a small amount of electricity and your time. And it could help to literally save you thousands.

Paul Brindley

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21:59 PM, 23rd January 2014, About 11 years ago

Reply to the comment left by "Gary Nock" at "23/01/2014 - 19:40":

I don't think they're getting cold feet, I think they're avoiding making it a precedent which will hang them.

Lucy McKenna

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11:13 AM, 24th January 2014, About 11 years ago

Reply to the comment left by "Gary Nock" at "23/01/2014 - 19:40":

If this can be won Paul, it will save thousands. Our mortgage doubled overnight, a 100% increase. A £65,000 mortgage now costs more than a £125,000 mortgage with another company.

Fed Up Landlord

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11:29 AM, 24th January 2014, About 11 years ago

The problems will start when and if interest rates begin to go up. If they go up by 1% then we will be paying 5.99%. And so on and so on. Of course BOI will then begin to reduce the differential to assist hard pressed homeowners.....sorry I was daydreaming when I wrote that. Seriously if we think its bad now wait until rates rise.

Paul Brindley

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16:18 PM, 24th January 2014, About 11 years ago

Hi, a few days ago I asked about the involvement of solicitors in the paperwork at the original taking on of the mortgage. Not one of you bothered to reply, yet you keep harping on about some fanciful notion that our MPs will do something for you if pushed. Well, they won't, they don't care because there are only 15,000 of you. Try if you like, as I will tonight with Sajid David MP, but I don't think you or me are going to get anywhere with our elected representatives. So let's get back to reality - and that means exploring (1) whether you each have a claim against the lawyers who acted; and (2) if you are the subject of a repo or similar, you should just bring in the lawyer in to the action because he failed to advise you that this very situation you are facing could happen. Has the penny now dropped? I know someone who has just received one quarter of a million pounds from a lawyer's professional indemnity insurers within 11 months of starting action against him. So how long have you guys taken to get to where you are now? Do I now have your attention?

Lucy McKenna

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16:27 PM, 24th January 2014, About 11 years ago

My lawyer is now retired, so I don't know where this leaves me. I think this option is a possibility to be taken if all else fails and it shouldn't. It is a bit daunting taking on your own lawyer by yourself. Call me a sheep but I still have faith in 118.

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