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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mrs sharp

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12:28 PM, 8th May 2014, About 11 years ago

Reply to the comment left by "Justin Selig" at "02/05/2014 - 14:57":

Yes, I too received the FOS "Fact sheet", the gist of which seems to say that to date there are a range outcomes depending on the borrower's individual circumstances. To decide whether or not BoI's decision was fair the FOS say they need to look closely at the following factors:

* did the bank make their customers aware that the interest differential could change?
* are the bank's reasons for making the change valid and in line with what borrowers were told when they took out their mortgage(s)?
* has the bank increased the diff by more than they needed to?
* is the borrower a personal or business customer?
* in some cases, did the bank take that customer's individual circumstances into account when they applied the change?

I am dismayed that they do not appear to have started work on my individual complaint yet. I got nowhere with my complaint against FOS regarding their time delay in dealing with my complaint, even though I took it to a senior manager. I got a re-hash of events pretty much like the factsheet. Very disappointed that things have not moved forward by now.

I would love to scan the BoI factsheet for this forum but don't have a clue how to, sorry.

Theresa

Tricia Collick

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9:52 AM, 14th May 2014, About 11 years ago

Just back from holiday.
I received another holding letter from FOS, they seem to be analysing the results from the questionaires they sent to some of you, I sent so much info I guess they have enough for my case (I hope) which included the web advert of B&West stating a fixed rate above BoE rate for the life of the mortgage.
I also had my annual mortgage statement from BoI just to rub it in...

Lucy McKenna

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10:07 AM, 14th May 2014, About 11 years ago

Good news Tricia, it does seem they are doing things, for some at least. Interested to see you mention there was a web advert of B&W stating a fixed rate for life. Can you post the link please.

Tricia Collick

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11:25 AM, 14th May 2014, About 11 years ago

Reply to the comment left by "LS " at "14/05/2014 - 10:07":

LS,
the advert will no longer be up as it was B&W but I had a paper copy in my files.
Don't know how to scan it to the website but might be best in the secure forum anyway !
Tricia

Concerned about my BOI mortgage

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11:45 AM, 14th May 2014, About 11 years ago

That could be a vital document Tricia. If the mortgage is advertised as base rate plus x% for the term of the loan, without any reference to any other method for increasing the rate, then any adjustment to that is surely mis-selling?

Lucy McKenna

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11:54 AM, 14th May 2014, About 11 years ago

I agree with "Concerned" I trawled the internet because sometimes ancient things pop up but to no avail. Good luck with your FOS case.

Mark Alexander - Founder of Property118

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12:20 PM, 14th May 2014, About 11 years ago

Reply to the comment left by "Concerned about my BOI mortgage" at "14/05/2014 - 11:45":

I am quite certain that Justin Selig already has this evidence.

Most historically published websites can still be accessed via >>> http://archive.org/web/
.

Justin Selig - solicitor

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12:22 PM, 14th May 2014, About 11 years ago

Yes- as per Mark's comment - I have copies of all the marketing literature - so no need to look for it. This was sent to the FOS with our original complaint last May. Still waiting to receive a response.

Mark Alexander - Founder of Property118

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12:30 PM, 14th May 2014, About 11 years ago

Reply to the comment left by "Justin Selig" at "14/05/2014 - 12:22":

I will we all probably know what the eventual response will be (more regurgitated bank propaganda) but nevertheless we live in hope 🙂
.

mrs sharp

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12:30 PM, 14th May 2014, About 11 years ago

Has anyone pursued small claims court against BoI or would there be any merit in it does anyone think? Clutching at straws here!!

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