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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Darrell G

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18:04 PM, 11th June 2014, About 10 years ago

Mark/Justin,

Are there any further developments re the BoI Case moving forward?

Justin Selig - solicitor

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11:30 AM, 13th June 2014, About 10 years ago

LEGAL ACTION UPDATE:

Further to my recent update we are currently assessing the demand to move this case forward.

To date we have received 118 positive confirmations. We won't be in a position to proceed until we reach our minimum target of 400 mortgages.

We are meeting a firm of solicitors on Monday who specialises in class actions against banks with a view to teaming up with them to move this forward. I will update the forum again after that meeting.

If you are interested in pursuing the case against BOI and have not yet let me know, please will you do so by emailing boi@lawdepartment.co.uk

Mark Alexander - Founder of Property118

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11:40 AM, 13th June 2014, About 10 years ago

Reply to the comment left by "Justin Selig" at "13/06/2014 - 11:30":

Hi Justin

Perhaps the £150 fee is your stumbling block?

Given that you have Litigation Funding arranged I can't see why you can't promote this as "No-Win-No-Fee".

OK I accept there are cashflow issues but surely they could be overcome?

I think the press would be far more interested in helping you to promore it on a NWNF basis too.

Please give it some thought.
.

Justin Selig - solicitor

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12:19 PM, 13th June 2014, About 10 years ago

Mark

That is a good point and one I will give some thought to over the weekend. The reason we were looking for funds in advance was to carry out some preliminary work including obtaining the written QC's opinion (we only have a verbal QC opinion and the written opinion from James Barnard) and following up with the FCA as we felt they had not dealt with this in a proper manner.

Concerned about my BOI mortgage

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13:22 PM, 13th June 2014, About 10 years ago

Another reason for the limited sign-ups so far could be that some people are waiting to hear the results of their complaints through the Financial Ombudsman? I am in this camp and to be frank, if they decide in my favour, I hope to get all the overpayments back and in my pocket. If they decide in BOI's favour, I'll join the class action.

ian

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13:42 PM, 13th June 2014, About 10 years ago

Reply to the comment left by "Concerned about my BOI mortgage" at "13/06/2014 - 13:22":

For the sake of £150 per account I would rather get the ball rolling now as FOS have already taken a year, if they take another and decide in favour of BOI. If they decide in your favour and your over payments are returned what's a £150 to lose ?

Tricia Collick

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7:22 AM, 14th June 2014, About 10 years ago

Ian,
I agree, although it's the £500/mortgage that might be putting some off.
They could sign up, if FOS decided in theit favour the class action won't be taken and money will come back.
If they wait and the FOS decline they may bo too late to join.

Howard Reuben Cert CII (MP) CeRER

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13:10 PM, 15th June 2014, About 10 years ago

The Bank of Ireland are firmly back in the UK BTL mortgage market again now.

The Post Office, has a tie-up with Bank of Ireland UK, which develops products and provides the money to fund its lending.

In February, BOI re-entered the buy-to-let market, nearly two-and-a-half years after pulling out of the sector and in these last few weeks, the Post Office has launched a whole new range of BTL mortgages direct and via selected Brokers.

This is NOT an advert or recommendation (for transparency, I am a Broker) just an industry insight and update on their progressing stance for future new mortgage business.

Lucy McKenna

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15:00 PM, 15th June 2014, About 10 years ago

Howard I do hope that new customers and brokers will be very careful when deciding whether to trust the Bank of Ireland

Darrell G

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9:43 AM, 18th June 2014, About 10 years ago

Reply to the comment left by "Justin Selig" at "13/06/2014 - 12:19":

Hi Justin/Mark

Bit confused now! I thought the initial 'class action Fund' raised was for written QC's opinion? As the 'Summary of Counsel's opinion' states that Justin emailed out.

'The opinion we received back from Counsel is over 50 pages long and is extremely complex'

Please can you clarify?

Regards Darrell

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