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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Lucy McKenna

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16:30 PM, 24th January 2014, About 11 years ago

Reply to the comment left by "Paul Brindley" at "24/01/2014 - 16:18":

Lucy McKenna

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16:31 PM, 24th January 2014, About 11 years ago

Reply to the comment left by "Paul Brindley" at "24/01/2014 - 16:18":

By nice to Sajid David, I find it works, he seems a reasonable chap

ian

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16:32 PM, 24th January 2014, About 11 years ago

Reply to the comment left by "Paul Brindley" at "24/01/2014 - 16:18":

Paul if you look back I did answer your question on solicitors.

Paul Brindley

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16:36 PM, 24th January 2014, About 11 years ago

Reply to the comment left by "ian " at "24/01/2014 - 16:32":

Sorry, Ian, I owe you and apology, I somehow missed your response, I must have deleted my notification to your response in error. 1 out of 15,000, then.

So why aren't you suing your solicitors for giving you bad advice? They didn't forewarn you this might happen did they?

ian

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16:40 PM, 24th January 2014, About 11 years ago

Reply to the comment left by "Paul Brindley" at "24/01/2014 - 16:36":

Paul
When Justin Selig gives the go ahead I will then do so as I would not no how to go about it.

Paul Brindley

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16:44 PM, 24th January 2014, About 11 years ago

Reply to the comment left by "Dee " at "24/01/2014 - 16:27":

Dee, lawyers have to take out run off professional indemnity cover. You'd be dealing with the insurers, not him. Or if his practice was merged into another on his retirement, you could be dealing with their insurers. You think it's daunting taking on lawyers? It's nowhere near as daunting as taking on a bank with billions of pounds of assets and the best and probably most expensive legal support in the land. You're far more likely to get a settlement out of a lawyer's insurers than any bank. It seems to me as if you've decided to pick on the biggest bully in the school, when you're much better off going for the softer underbelly of the school wimp! And depending on when you took your mortgage out, if you delay you could end up falling outside of the insurance cover period and end up with nothing.

Lucy McKenna

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17:04 PM, 24th January 2014, About 11 years ago

Reply to the comment left by "Paul Brindley" at "24/01/2014 - 16:44":

I hope not!! I think PLI runs from the date of suffered loss or discovery of loss so there
will be plenty of time.

Paul Brindley

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18:25 PM, 24th January 2014, About 11 years ago

Reply to the comment left by "Dee " at "24/01/2014 - 17:04":

Hope is the operative word. How long do you think lawyers have to take pi cover out for when they close?

Fed Up Landlord

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18:39 PM, 24th January 2014, About 11 years ago

Paul as much as I appreciate your comments I am unsure that putting the forums hopes on suing our solicitors and financial advisers will bring about an increase in support. Like Dee I would find it daunting and as both my solicitors and financial adviser have changed hands and gone belly up, I don't know where I would stand. We are waiting for Justin's news on the legal side and all fights and battles have their false dawns before the day is won and lost. Using your analogy of the playground bully. BOI is that bully. But bullys are overconfident and full of their own bravado. So are BOI. This overconfidence and bravado may be their undoing, as it has in other mistakes they have made.

Colin Childs

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18:43 PM, 24th January 2014, About 11 years ago

Reply to the comment left by "Paul Brindley" at "24/01/2014 - 18:25":

I would assume 6 years to cover post cessation liabilities.

Some years back I had the misfortune (in a Corporate sense) to encounter Clifford Rose in a dispute with a foreign multinational. They were let's say ruthlessly aggressive, had us tied up in techicalities. Approaching £500k of legal bills we had no other alternative. Than to back off and find a completely different approach to the issue.

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