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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Tricia Collick

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13:47 PM, 11th February 2015, About 10 years ago

Reply to the comment left by "Tricia Collick" at "23/01/2015 - 20:13":

I just had my final rejection from Charles Sweet the Ombudsman, obviously a standard letter signed by his assistant. I have just sent another rejection, clearly my points were not even considered.
My reply, emphasising my main points and adding those from this forum about the BofI clearly not in financial straights, meanwhile I am following the secure forum for the West Bom guys and would like to offer my moral support - don't give up guys..
My rejection answer :
-Ref your letter dated 5 Feb 2015

I do not accept your final decision about my complaint about the Bank of Ireland.

I was allowed (by David Rogers , copied) to respond by email previously as I have no ability to write due to my disability.
Please confirm that this e-mail will be accepted as my rejection.

-I an NOT a professional investor, for this reason Bristol and West looked at my personal income (not associated with property) before offering the mortgage.

-The advertising from Bristol and West was clearly designed to mislead as the HEADLINE was a tracker for life. Only small print discussed a 'differential' and this after certain sums of money were already paid to arrange the mortgage.

-Bank of Ireland are clearly in a position to be profitable(despite claims of poverty) when it was reported separately in Nov '14 :
- the Bank of Ireland implemented 3.7 % pay rise for all staff and a further 5% Christmas bonus
-The Bank of Ireland gave 10 million Euros to a 'Heritage Centre ' in Dublin.

I am deeply disappointed in the Ombudsman who always sides with banks and is prepared to accept whatever the Bank claims, against consumers who he should protect .

I look forward to a speedy response and confirmation that my points above have been duly considered.

ps, the French have coined a new word 'Banksters' as they clearly see banks as the new Mafia, I have to say I like it , very apt.

Cheryl Larkin

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18:30 PM, 18th February 2015, About 10 years ago

I have also had my complaint rejected, I have not accepted their decision but but I don't really know what that means because they won't review the case and have said it is now closed. The Ombudsman just accepted what BOI have said which is that I am a 'professional Landlord' Really? 2 BTL's bought at the same time with an investment of less than 50k - that amounts to a modest inheritance hardly Warren Buffet! ( B&W also only took my & OH's salary as the basis of lending us the money - if I was a professional landlord and not working and just relying on rent then they would not have leant me the money!) I don't understand that argument anyway -if a contract is clear it is clear regardless of who is reading it - professional or consumer. They also took BOI word that i received a copy if the 'Residential Conditions' yet at the time I took the mortgage I signed a form that listed the documents that I received, the residential conditions were not listed. Yet the the Ombudsman just seems to have taken what the BOI have said on face value- Has anyone had any success or where all cases rejected?

Lucy McKenna

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21:03 PM, 18th February 2015, About 10 years ago

Can someone please tell me if the private forum is still open and remind me how to access it. It is so long since things have happened there I have completely forgotten where to find the address for it. Many thanks. L.

Mark Alexander - Founder of Property118

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21:52 PM, 18th February 2015, About 10 years ago

Reply to the comment left by "LS " at "18/02/2015 - 21:03":

Yes it is still open, nothing posted for ages though.

Please email me for details.
.

Tricia Collick

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8:11 AM, 19th February 2015, About 10 years ago

Like LS , I somehow thought the BofI secure forum was closed !
In future I will post there...!

Lucy McKenna

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9:57 AM, 19th February 2015, About 10 years ago

Thanks Mark, thanks to Tricia posting i am back on the secure forum. Very best for your WB appeal, - you should win.

Bob H

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12:26 PM, 25th February 2015, About 9 years ago

Like others I have had my complaint and appeal dismissed. It would appear that nothing was going to change the FOS mind !
I'm interested in Cheryl Larkin's comment that the paperwork, when she took out the mortgage, made no reference to her having been given a copy of the "Residential Conditions". I made the same point to the FOS, which they ignored. I did receive a copy after 5 years when my fixed term changed to a "tracker", but the terms (in that booklet) did not allow for any change which was to my disadvantage. I wonder if the then (2002) Bristol & West only sent out the booklet when the "tracker" started, after the fixed rate ended. In which case it seems grossly unfair that the bank can have the benefit of a condition which they never told us about. I dealt directly with the bank and only have 2 small BtL jointly owned with my wife. We're not "Professional Investors" as the BoI described us. It would be interesting to know whether that was the practice, in which case it could proove very useful in court.

Tricia Collick

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8:00 AM, 26th February 2015, About 9 years ago

Reply to the comment left by "Bob H" at "25/02/2015 - 12:26":

I think all we can do is that everyone reject the FOS decision for the moment and wait for Marks advice, I never had the 'leaflet' and am very careful to file everything.
I likewise am not a professional landlord which is why B&W needed my salary before granting the mortgage.
FOS and Bof I are ignoring all facts we send them...!

Black Panther

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15:55 PM, 27th February 2015, About 9 years ago

I too, have had a very swift reply from the Ombudsman, after I rejected their initial decision on my BTL flat (which was my home for some years before I let it out). I am NOT a professional investor, did not receive the 'REsidential T&C's' referred to in the mortgage contract etc. etc.

The Ombudsman appears to have overlooked all the facts of my case and decided that despite the 10 million Euro's that the BoI is spending on a Heritage Centre, it needs more money. Where do we go from here? COunty Court?

Lucy McKenna

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16:03 PM, 27th February 2015, About 9 years ago

Reply to the comment left by "Black Panther" at "27/02/2015 - 15:55":

I am not hurting so much as we sold a property to pay off this mortgage. But would still fight. For this past injustice. I think Paul Brindley would be a very interesting person for you to talk to. See his post 21st Nov. When this thread was more active he made some interesting points and I believe he went to court with his client with some success.

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