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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18:28 PM, 5th March 2013, About 12 years ago

Rob
You are right. We must not stop the DD. 2 wrongs do not make a right. I was going to mention this beginning of April. Replacing DD for SO is not the answer.

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18:31 PM, 5th March 2013, About 12 years ago

MARK
thank you from everyone

Lee Gough

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18:41 PM, 5th March 2013, About 12 years ago

Dear Mark,

I would like to say a massive thank you for all your help.

I am very worried when I read the response received from Adrian Sanders MP for Torbay. Saying other banks are looking at doing this. Does he know something we don’t i.e. MX could they be next?

Lee

Ian Hamilton

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18:57 PM, 5th March 2013, About 12 years ago

Mark, if other banks follow suit, how would the class action against the BOI stand with other banks? Would we need separate action against individual banks or would a win (hopefully) against the BOI set a precedent ? Thanks for all your help. I too arn't as yet affected by the BOI situation, but sure as night follows day the other banks will follow.

Ian Hamilton

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19:09 PM, 5th March 2013, About 12 years ago

Now that they are stable they are coming after us. They couldn't do it at first, it was probably too risky for them.

http://mobile.bloomberg.com/news/2013-03-04/bank-of-ireland-doesn-t-fear-stress-tests-as-arrears-stabilize.html

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19:27 PM, 5th March 2013, About 12 years ago

This is for Justin Selig

How do we contact you to give you the required documents?

Michelle

Mark Alexander - Founder of Property118

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19:36 PM, 5th March 2013, About 12 years ago

I plan to close commenting on this thread sometime tomorrow and create a new one share people can also register an interest in a class action and communicate openly or privately with Justin. The registration form will also enable you to attach documentation you would like Justin to consider. Must take a break now though.

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19:39 PM, 5th March 2013, About 12 years ago

Made a pleasing discovery today as a probable explanation as to why I've not had the dreaded letter from BOI.
As mentioned, I have two 2001 B&W BTL trackers at 1.75% over base.
I'd completely forgotten that in 2007 I switched to a 0.69% over base 3 year deal with them lasting until 31/7/2010. Can't recall if I there was a fee for this, but in those pre 2008 days with BOE base at around 5% these lenders offered these low differentials to keep their borrowers from switching to another lender. How times have changed!
My wife discovered two letters from them dated June 2007.
One for each mortgage.
The letters say - 'From 01/8/2010 until the end of the mortgage term, the interest rate we charge will be 1.75% above BOE base rate.'
No mention of any clauses or any other docs. So to me that's pretty clear cut.
My mortgage is & will forever be (until end of term in 2027) 1.75% over BOE base rate.
So it's worth checking to see if you did a switch to a lower differential & have such a letter. As I say I'd completely forgotten about making the switch. Some of you may have done too.

Rob

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20:03 PM, 5th March 2013, About 12 years ago

So this does appear to only effect mortgage products 2004 and before, thinking ahead of the game if other lenders did follow suit would the same pre 2004 rule apply or is that just BOI PRODUCTS??

Richard Kent

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20:09 PM, 5th March 2013, About 12 years ago

@Rob,

Early in this thread you will see I have made a lot of comments about pre-FSA regulation before 31st October 2004.

Its my belief that the clauses would not have been allowed once the FSA took control of Regulated Mortgage Contracts.

I think this is because they specified as to how they would expect a Tracker Mortgage to be described.

Again, see my earlier posts.

If you entered into contract before that date you could still be unaffected if you later re-mortgaged with the same lender on a different deal without the clause.

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