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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12:24 PM, 8th March 2013, About 11 years ago

I have just spoken to a BOI team leader this morning after he called me back to detail which particular clause is being used to shaft us.

He was completely unaware and somewhat stunned that 'The Residential Mortgage Conditions 2001 booklet was never supplied as part of the loan offer.

He was even more shocked when I explained that under the final paragraph of acceptance in the loan offer , the Residential Mortgage Conditions were not listed as having been read and understood.

He was genuinely speechless and then said ' So you never had them , are you sure they are not in the final paragraph of acceptance?'

I then read the actual paragraph out to him and he explained that he would investigate.

I think there is massive mileage in it for any of us that never received the booklet as an inclusion to the initial loan offer.

Please inform the BOI if you are one of the customers that never received the booklet

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12:41 PM, 8th March 2013, About 11 years ago

I know this site is designed for Landlords, but was both BTL and Residential customer have been effected I hope its ok to post a link to this site I've just registered to help others, host PDFs, Scans and other documents. (to compliment this site and moneysavingexpert.com where there are hundreds of posts/discussions).

http://www.tracker-rate-hike.co.uk/

I was also listening to the Radio Five Live broadcast yesterday, it it was suggested that as the BTL products were sold before 31st October that you should be able to complain to the FOS as they took over from The Mortgage Code.

http://www.tracker-rate-hike.co.uk/radio-broadcasts/

Richard Kent

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12:51 PM, 8th March 2013, About 11 years ago

@Gary Smith

Gary, I've just seen your site. It looks great.

The connection between the former Mortgage Code and the now FOS is an important one.

I'll watch your site with interest.

Richard Kent

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13:25 PM, 8th March 2013, About 11 years ago

I quoted in an earlier post that Bristol and west will have been a member of the Building Society Ombudsman Scheme and therefore it is believed that the FOS will take up the complaint whether it is a Buy to Let mortgage or not.

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15:34 PM, 8th March 2013, About 11 years ago

Someone suggested emailing Andrew Tyrie earlier in this thread, I'd aloready email my MP, but sent an email to Andrew too.....

Treasury select committee chair Andrew Tyrie is pushing the FSA over what action it is taking in response to the Bank of Ireland rate hike on tracker mortgages.

In a letter addressed to FSA managing director Martin Wheatley, published today, Tyrie says he is “concerned” about the increase and questions whether it amounts to misselling......

Full Article here

http://www.moneymarketing.co.uk/politics/andrew-tyrie-questions-fsa-over-bank-of-ireland-rate-hike/1067409.article

Alistair Nicholls

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16:08 PM, 8th March 2013, About 11 years ago

Suggest everyone also lodges a mis-selling complaint with the intermediary who sold the Bank of Ireland base rate tracker mortgage.

This is either a BoI breach of contract/ unfair trading problem OR a mis-selling problem!

Enough complaints to intermediaries and they may all dump Bank of Ireland products!

Mark Alexander - Founder of Property118

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17:46 PM, 8th March 2013, About 11 years ago

@Allistair Nicholls - I do not recommend registering complaints with intermediaries at this stage. It will certainly not affect their use of BOI in any way as they must recommend the most suitable product regardless of any personal issues they have with a provider if they are advisers and if they are broker packagers only and don't provide advice there is no basis for complaint anyway.
Complaints could also spoil any long standing relationship and trust between borrowers and intermediaries. We need them on our side, the last thing we need right now is more enemies. Most intermediaries who sold BTL mortgages were broker/packagers and NOT advisers. I know this because I was the MD of the UK's largest intermediary at the time. They will have provided guidance on which products offer a criteria fit but they will not have given advice. For example, all UKCFG member firms including The Money centre, Mortgages for Business, TBMC and Professional and Commercial had their T&C's in large print in the centre of their mortgage application forms and the first line said something very much along the lines of "UKCFG and it's member brokers do not, nor do they purport to offer advice upon whether it is appropriate for you to proceed with any mortgage offer arranged as a result of this application". Conveyancing solicitors however, have no such get out of jail cards to play. Ever tried suing a Socilitor? It can be done but it's not cheap and it's not easy. Let's not get too carried away here please. Let's wait and see that Justin's barrister instructions yield.

Mark Alexander - Founder of Property118

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17:51 PM, 8th March 2013, About 11 years ago

Letter from Andrew Tyrie MP to Martin Wheatley, MD of the FSA uploaded to this link >>> https://www.property118.com/wp-content/uploads/2013/03/Letter-to-Martin-Wheatley-from-Andrew-Tyrie-MP.jpg

Fed Up Landlord

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17:53 PM, 8th March 2013, About 11 years ago

Further to my post about the whistleblower and BOI using Post Office money to shore itself up - here's something else that a good barrister might drag up in Court to show the BOI in the right light:

BoI mortgage unit is fined by Central Bank

"Bank of Ireland's mortgage bank has been fined €120,000 for breaching regulatory standards by the Central Bank. The State's biggest lender was hit with the fine and reprimanded for breaching the rules governing the mix of cash on deposits and mortgage debt the bank is allowed to hold".

Failing to send out terms and conditions with Mortgage Agreements, regulatory errors etc. All adds to the picture that is being painted.

Full article at:

http://www.independent.ie/business/irish/boi-mortgage-unit-is-fined-by-central-bank-28817519.html

Richard Kent

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18:32 PM, 8th March 2013, About 11 years ago

@Mark Alexander

It looks like the BOI have bitten off more the they can chew.

Their response should be interesting.

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