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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Paul Brindley

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3:35 AM, 3rd February 2014, About 11 years ago

Reply to the comment left by "Steven Badger" at "02/02/2014 - 21:19":

Steven, I couldn't care less if you find me offensive or not. Let's be very clear about this, it's time to commit or not. Those are the options. You can either continue to throw two and a half thousand pounds a year down the drain for the rest of your mortgage or you can support the legal team with some hard cash. Your choice - lion or doormat?

Paul Brindley

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3:57 AM, 3rd February 2014, About 11 years ago

Reply to the comment left by "Mark Alexander" at "02/02/2014 - 21:53":

Mark, as you are fully aware, I represent an effected borrower, I am not a borrower myself.

And as you are aware, I am doing my level best to support my client. And that currently includes attempting to force the new head of the FCA to meet with me and an MP high up in the Treasury. If I achieve this, I will do my best to get an invite for the legal team too. You see, I've gone to the top, because I find that often works better than dealing with minions in various departments. We also have the BBC waiting in the wings ready to run on this. So in several ways little old me is doing far more than 15,000 BofI borrowers, and that's why I have the opinions I do.

Watch this space!

Mark Alexander - Founder of Property118

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8:07 AM, 3rd February 2014, About 11 years ago

Reply to the comment left by "Paul Brindley" at "03/02/2014 - 03:57":

Hi Paul

In the second draw down on the right hand side of my desk I have a tiny Golden book which is a summary of the principles from Dale Carnegie's "How to Win Friends and Influence people". The first page of the book is entitled "Become a Friendlier Person" and reads as follows ...

1) Don't critisize, condemn or complain

2) Give honest and sincere appreciation

3) Arouse in the other people an eager want

4) Become genuinely interested in other people

5) Smile

6) Remember that a person's name is to that person the sweetest and most important sound in any language

7) Be a good listener. Encourage other to talk about themselves.

8) Talk in terms of the other person's interests.

9) Make the other person feel important - and do it sincerely.

The person who gave me this book taught me that "good is the enemy of best and best is the enemy of better". He also taught me to "chase the thinking behind the desired results, not the results".

Why not ask yourself, as I do on a daily basis, "what can I do to I improve my communication and to win more friends and to influence more people?"

You message has been very consistent on this thread but is it working? If it's not working then change it. If we always do what we've always done then we'll always win what we've always won.

All the best

Mark
.

Fed Up Landlord

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8:33 AM, 3rd February 2014, About 11 years ago

Well said Mark. I am fairly thick skinned but even I was beginning to wince a bit!

Paul I admire your drive and passion on this forum and look forward to your future contributions albeit in a slightly less forceful tone. The work you are doing will benefit us all and I for one appreciate that.

Justin Selig - solicitor

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10:23 AM, 3rd February 2014, About 11 years ago

LEGAL ACTION UPDATE:

Following on from our email last week, we have had a good response from our existing clients about continuing with the action against Bank of Ireland. However we do need commitment from more people if we are to be in a position to pursue this.

The legal arguments are on our side, we just need the support of the affected borrowers to make this a reality.

As I stated in my email, we intend to raise an initial fund to commence the action. Our aim is to have at least 150 claimants before proceeding. This is certainly achievable - given that we have nearly 400 on the West Bromwich action and more people are signing up every day.

However, we do need people to make a positive decision to act. By doing nothing, we are not going to get anywhere - which is a shame because of the strength of our case. There will be a number of people sitting on the sidelines who do not decide to act. Those people should be aware that it does not follow that any positive outcome we achieve will affect the rest of the BOI borrowers who are not part of our action.

We will update the forum each week with the number of people joining the action.

Paul Brindley

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11:06 AM, 3rd February 2014, About 11 years ago

Reply to the comment left by "Mark Alexander" at "03/02/2014 - 08:07":

Mark, Richard

You've both made your point, thanks.

Please let me explain the reason for my lack of sublety.

This forum is now at over 120 pages of postings, of complaint, argument and gentle persuasion. Yet you're still struggling to get a measly one per cent of the borrowers effected by this to sign up.

This suggests to me two things. Firstly the subtle approach doesn't work. Secondly, there's an absence of of drive, grit and determination on the part of the borrowers.

Justin's last post set out the present situation very diplomatically - in it he essentially says that it's time for aggrieved BOFI borrowers to make their decision - do they fight or do they hide?

As you are aware, I've been fighting my own little skirmish with BOFI since the start of my client engagement, and quite successfully. I was then and am now simply not prepared to allow the outcome for a valued client on such an important matter to hinge on what others over whom I had no control may or may not ultimately do.

We are now at the point where we'll soon know if we're to hear battle drums or a deafening silence from the 15,000, or even the 150. If the latter, as long as it doesn't cost me in money or additional time, I'll help you the professionals and the few.

Mark Alexander - Founder of Property118

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11:38 AM, 3rd February 2014, About 11 years ago

Reply to the comment left by "Paul Brindley" at "03/02/2014 - 11:06":

Paul

I disagree entirely!

We suspended the fundraising after we had raised enough money to achieve phase 1 of this campaign. In hindsight that was possibly a mistake and we should have kept going but we are where we are.

Nevertheless, despite suspending fundraising we continued to attract significant innterest and hundreds of people completed the Expression of Interest form.

It has only been a few days since we recommenced fundraising and whilst I appreciate the efforts you are making in the background, your posts here on Property118 may well discourage a lot of people.

Look on the bright side, we raised the initial funding very quickly, hundreds of people have expressed their interest and have now been invited to join.

Please continue what you are doing in the background to support the campaign and keep posting about it here.

I would also respectfully request that you cease to attempt to bully and shame people into action. I don't like it and neither do others.

I may not have shared this story before and if I have and you've heard it then lease accept my apologies.

For a period of 10 years I worked for a month and then spent a month in the USA. I met a chap called Chuck Tomkins who was one of the first ever people in the world to ride on the back of an Orca Killer Whale, the worlds largest predator and also one of the few predators other than cat's or humans which kill for fun.

Chuck taught me that you can't punish a killer whale for not doing something you want it to do and then expect to get back in the water with it. Killer whales are part of the dolphin family and one of the most intelligent creatures on this planet besides mankind. These beasts are much like people, they behave far better and are far more predictable with positive reinforcement and redirection to something they love and enjoy. Also like humans, when their basic needs are fulfilled they seek praise and recognition and will perform to achieve this.

Chuck co-authored a great book with his friends Chad Lacinak and Ken Blanchard who also authored "The One Minute Manager". The book is called "Whale Done!" and is well worth a read if you if you get chance. It's a short book, very simply written, and can be read easily in one evening.

I look forward to hearing more about your positive progress with the BBC, MP, Treasury Select Committee etc. and I do value your passion and the majority of your input to this forum I can assure you 🙂
.

Paul Brindley

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11:53 AM, 3rd February 2014, About 11 years ago

Reply to the comment left by "Mark Alexander" at "03/02/2014 - 11:38":

Mark, I would not wish to put people off coming in on what you guys are doing, in fact it's the contrary, I'd like to see as many of the 15,000 contribute as you can get - and that's because I want to see justice done, not for any other reason.

I'll not post again, I'll send you and Justin personal emails when I get major progress my side. Good luck.

Mark Alexander - Founder of Property118

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12:08 PM, 3rd February 2014, About 11 years ago

Reply to the comment left by "Paul Brindley" at "03/02/2014 - 11:53":

That's not what I am asking for Paul.

I sincerely value what you are doing in the background and by continuing to post updates on the progress you make you will undoubtedly inspire and encourage others to do whatever they can too.

Which MP are you hoping will introduce you to the Treasury? I am hoping that David Morris or Jason McCartney will be able to get me in too.
.

Richard Kent

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12:25 PM, 3rd February 2014, About 11 years ago

Reply to the comment left by "Paul Brindley" at "03/02/2014 - 11:53":

Paul,
I want to read your comments as I find them interesting.

I also know that you are advising someone who is in the process of lender repossession and that level of advising and help is above and beyond that which most people achieve.

I think you might be missing the point and that is that you have a strong enough presence on this forum without having to use strong words.

If someone is highly motivated, as you are, then everything is going to appear slow and unmotivated.

However, to present an idea to this forum does not require a verbal sledgehammer 🙂

Again, I have found your contributions to this forum very interesting and I hope you will continue to post.

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