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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Darrell G

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8:12 AM, 16th March 2013, About 11 years ago

Mark, Ive received a full copy of the terms & conditions off Bank of Ireland today relating to this issue. These are from 2002. Would you or anyone like a copy forwarded or maybe someone has already done this for you or Justin?

Fed Up Landlord

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8:45 AM, 16th March 2013, About 11 years ago

Darrell what year was your mortgage that related to these and does your special terms and conditions relate to the mortgage conditions 2002?

Tricia Collick

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8:54 AM, 16th March 2013, About 11 years ago

Like many others, I had a BTL mortgage from B&W, if BOI wanted to get into the UK market they should be prepared to follow the UK base rate, they should treat their customers equally, eg not 1 rule for UK accounts, 1 rule for Irish.
As someone else said, they are using our money through the Irish government borrowing from the UK, and the punishing us with outrageous increases.
At the end of the day it will be the tenant who suffers, either increased rents or loosing their property.
I have just started to recover from early year losses (yes , being a landlord doesn't make loads of money !) and used my ability as a very hard worker to pay deposits and get mortgages, assisting those who can't.
I am now disabled, not working, and was hoping eventually for a small income from my investment in property, if all the banks follow BoI I will have to pull out of buy to lets, then less properties to let !
Does this make sense in a civilised society ?

Darrell G

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9:04 AM, 16th March 2013, About 11 years ago

Gary - 3 of my affected mortgages, one 21/1/04, one 13/4/04 & one 17/11/03 with a sub account 15/9/04. In my 'Offer of Advance' Unfortunately they do all refer to the Mortgage Conditions 2002. I don't recall ever receiving theses, but in any case i still feel these are unfair terms which i am basing my complaint on unless anyone can tell me otherwise.

Mark Alexander - Founder of Property118

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9:31 AM, 16th March 2013, About 11 years ago

@Darrell G we do have a copy of a 2002 conditions booklet but please send it anyway, just in case it is different to the one we have already seen

Fed Up Landlord

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12:04 PM, 16th March 2013, About 11 years ago

Hi Darrell. Just a thought in case the Mortgage Offer referred to the Mortgage Conditions 2001 rather than 2002. The Unfair Contracts legislation is probably going to be the one that our legal team will focus on as there have been Ombudsman decisions against the banks where they have referred to Mortgage Conditions rather than include it in the Mortgage Offer. There is a post earlier on from me last week which refers to the Ombudsman News and the specific case.

Darrell G

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12:38 PM, 17th March 2013, About 11 years ago

THE PLOT THICKENS!

I just thought i'd look at my mortgage offer for one of my BoI mortgages that hasn't been affected. This doesn't stack up! The mortgage was taken 13/4/04 & as far as i can see include the exact same special conditions referring to their Mortgage Conditions 2002. Im happy some of my accounts are 'in the clear' but why?

Mark, Do you want to see these mortgage terms to compare? I might have missed some small print, but there must be something else that make this mortgage 'in the clear' & only 3 of my 8 affected. All 8 are pre Oct 2004 too.

Mark Alexander - Founder of Property118

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13:18 PM, 17th March 2013, About 11 years ago

@Darrel G - yes please and please cc to justin@lawdepartment.co.uk

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12:40 PM, 19th March 2013, About 11 years ago

I am in the same position. Most odd. I am wondering if it is something around date of offer.

ian

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13:27 PM, 19th March 2013, About 11 years ago

Hi i had one of my btl,s offer of loan on march 04 and my compleation date was sept 04 . if your offer of loan was before oct 04 and compleated after oct 04. that might be the reason. Be interesting to no what date boI are targeting if anyone has offer before and compleated after oct04 have they recieved a letter?

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