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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Comments

Tricia Collick

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9:27 AM, 21st October 2014, About 10 years ago

My documents definitely said 'Term' and BOE+1.75% when referring to the time after the 'fixed' rate.
My only problem might be that I ported this, also with Bristol and West, and I have a letter that rates would be the same.
I sent FOS copies of all this.
BoI took over their mortgages and nothing changed for years.Until..well we all know the stories.
Even tho I am now on a private pension my 'lets' are certainly not my main income.

As far as I am concerned 'term' is 'the life' of the mortgage. I just hope FOS or the judge agrees.

Darrell G

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16:03 PM, 23rd October 2014, About 10 years ago

Out of interest, I Called BoI yesterday to see what new deals they have for current lenders. On the affected parts of my 3 properties i can take out a new fixed 2 or 4 year deal, just on these parts leaving the other parts on the unaffected & correct original rate at 1.75% above base lifetime tracker. Doing this would reduce my losses per year due to the 'Unfair Rate Rise' etc of £7200 down to £5000, if i took say a 2 year fix.

Justin/Anyone, Is there any reason i can't take these products now & continue being involved with whatever is going to happen i.e. once switched products, am I 'out of the game' (so to speak) re a case against BoI materalising, therefore never able to revert my affected mortgage products if its ever overturned.

Also, it looks like taking a new product has to go through a solicitor (at BoI expense) & the whole mortgage (Affected & unaffected parts) transfers to BoI UK (AKA The Post Office?)

Thoughts anyone

Lucy McKenna

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17:11 PM, 23rd October 2014, About 10 years ago

We are in the process of redeeming our BOI buy to let mortgage. They are charging a £100 redemption fee, can anyone remember, did they say at one time we could redeem our mortgage with them without any redemption charges.

Fed Up Landlord

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17:35 PM, 23rd October 2014, About 10 years ago

Reply to the comment left by "Darrell G" at "23/10/2014 - 16:03":

Darrell I myself have been thinking about this. Interesting to see you can just refinance the affected part of the mortgage...and at their expense. What rate they offered you?

Darrell G

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17:47 PM, 23rd October 2014, About 10 years ago

Reply to the comment left by "Gary Nock" at "23/10/2014 - 17:35":

2 Year Fix 3.99%
4 Year Fix 4.75%

It looks like the whole amount will be refinanced/moved hence the need (at BoI expense) to convey the deal. I just worry that if i do this, once moved:-

1, I loose my other lifetime Tracker parts of the mortgage due to some other small print

2, Im unable to revert to my original deal should BoI rate rise be overturned.

Fed Up Landlord

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19:13 PM, 23rd October 2014, About 10 years ago

Mmm...on my loans I have got 69k on the 4.99% and 16k at 2.25%. Don't think on the new rates it will be worth changing if you factor in the chances of getting the original rate back. Might work for you Darrell with the number of mortgages though.

mrs sharp

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0:42 AM, 27th October 2014, About 10 years ago

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16:34 PM, 27th October 2014, About 10 years ago

Please note I am new to this discussion but had an individual complaint in against BOI with the FSO- after several months the adjudicator said last week he will not be recommending my case ie - the increase of differential to be up held . He considers it was fair and needed for the bank to increase its capital reserves. I will be replying that i don't agree and it was unfair.

Joe Pearce

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17:00 PM, 27th October 2014, About 10 years ago

This is anunbelievable decision by the Ombudsman. His role is to adjudicate on the case based on law and fair play. He seems to have taken the view that the poor bank needs an injection of capital at our expense. This is nonsense. The plain fact of the matter is that the banks are relying on a term which was not conveyed to us nor explained to us but was hidden in an indirect reference to a supplementary set of terms which were never provided to us. A clear breach of the Unfair Contract Terms Act . This should be put to the media for ridicule.

Mark Alexander - Founder of Property118

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17:07 PM, 27th October 2014, About 10 years ago

Reply to the comment left by "Joe Pearce" at "27/10/2014 - 17:00":

This has been to the media, and MP's and they have all had their say, mostly in support of the victims and against the BoI.

The bottom line for me is that I don't believe the FOS has got the balls to create case law of this magnitude. I'm not the only person who thinks this way and that's why victims of a similar scenario perpetrated by the West Bromwich Mortgage Company have managed to raise over £500k to see the matter have it's day in the commercial courts.

I can't blame anybody affected by the BoI issue for awaiting the outcome of the Court case against West Brom but I've been saying the FOS decision was inevitable for over a year now.
.

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