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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Puzzler

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14:27 PM, 5th March 2013, About 12 years ago

I expect everyone has seen Mark's letter in their Inbox. I agree this is avery concerning situation which has arisen because of the Bank of Ireland's own predicament and I appreciate your endeavours to assist those affected and discourage other lenders from doing the same.

However, two points come to mind:

1) in any lawsuit the only winners are the lawyers. A case in point is Equitable Life. Admittedly there was wrongdoing and poor regulation but essentially a few aggrieved people took a class action and won, but in the process brought down the company ( a true Pyrrhic victory) making everyone losers including the taxpayer (except the lawyers).

2) rather than fighting a battle to counter this measure, might it not make more sense to encourage landlords to remortgage elsewhere, thus circumventing the problem? there are some very competitive deals around now. If you are going to create a "warchest" perhaps it could be used to help landlords who might not have low enough LTV to get the good deals. A new type of "peer to peer" lending!

Richard Kent

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14:50 PM, 5th March 2013, About 12 years ago

@Puzzler,
The problem is that if it goes unchallenged it could prompt the same lender to repeat this and other lenders to do the same.

Additionally you you could even see see larger hikes, say in excess of 4.5%.

Mark Alexander - Founder of Property118

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14:52 PM, 5th March 2013, About 12 years ago

@Puzzler - I doubt that any action here will bring the collapse of BOI so no comparison to Equitable Life is realistic.

The issue here is that people believed they would be paying a fixed margin for life and they absolutely should fight for that right.

Yes it's true that lawyers always win but so do 50% of their clients. It's up to people to decide for themselves whether they want to take on the fight.

Your suggestion of remortgaging is not a realistic one for many landlords. Even those who could remortgage will be unable to do so on the same terms.

If BOI are allowed to get away with this then no mortgage borrower on a tracker rate is safe.

We MUST fight!

Nigel Spalding

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15:09 PM, 5th March 2013, About 12 years ago

How do i get the letter you drafted Mark ?I have not received anything in my in box.

Mark Alexander - Founder of Property118

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15:12 PM, 5th March 2013, About 12 years ago

@Denise2007 - there's certainly nothing wrong with looking at your refinancing options.

Take a look at our Buy to Let Mortgage Sourcing Calculator >>> http://www.property118.com/index.php/buy-to-let-mortgage-calculator-2/

and also see this article >>> http://www.property118.com/index.php/mortgage-facilities-for-professional-investors/36891/

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15:12 PM, 5th March 2013, About 12 years ago

Hi

I am a buy to let landlord and have a policy with BOI. I totally agree with Lee, as the wording of my contract is the same as his . I have contacted "Which" for help as I am a member and they advised me to write to BOI quoting the below clause

(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.

I spoke to BOI who had no idea about this clause!!

"Which" told me to firstlly complain to the BOI an dthen the ombudsman as the latter will not do anything until BOI have rejected the complaint.
If the ombudsman do not overtuirn the seemingly "ilegal" raise in differential " which is certainly NOT to my benefit" then they said the best and only way forward would be to get everyone together and take a class action against the bank.
They also thought that if this gathers momentum and the ombudsman do not overturn the rise, solicter firms would be looking to take on the case. Obviously they will make money, but if lots of us take on the case, the fees will be substantially reduced as they will be divided and in my opinion it is worth paying some legal fees to stop the rise in mortgage fees, which will account for a much larger sum of money.

Michelle

It is not always an option to re mortgage and anyway, even if that is an option,
BOI do not have the right to do waht they are imposing. It is injust.

Mark Alexander - Founder of Property118

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15:14 PM, 5th March 2013, About 12 years ago

@Nigel, it's in this thread (somewhere!) - Needle in a haystack I'm afraid.

Richard Kent

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15:42 PM, 5th March 2013, About 12 years ago

@Nigel

Re: Account Number ????????

Your reference: ?????

BY RECORDED DELIVERY

Dear Sirs

Further to your letter dated XX February 2013 I would like you to open an official complaint file in respect of the above account.

I object to the content of your letter for a number of reasons and I am seeking professional advice prior to confirming my legal argument.

Please acknowledge in writing that my complaint has been filed and recorded in accordance with your official complaints procedure.

Yours faithfully

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15:43 PM, 5th March 2013, About 12 years ago

BOI will profit an estimated of 1.3 million a month from this increase from 01/05/13. Assuming 6000 people approach FOS at 500 each, it will cost BOI 3 million. If most people remortgage, BOI wins. We lose because remortgage is expensive and other banks cannot match our current 2.25 deal. We do have plenty of time to shop around for a no win no fee solicitor or price court costs. As long there is enough people who wants to fight this. If we do not fight, the bank will most likely increase the rate again in future and other banks might copy.

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16:00 PM, 5th March 2013, About 12 years ago

I have lodged my complaint with FOS this morning and have got a ref. no. for this complaint. The complaint is that it has caused unbelievable uncertainty and anxiety - due to not knowing who is affected by this unexpected increase in tracker rate.
I am away on holiday at the moment and wont know for another week - if I got the letter or not.

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