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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11:18 AM, 20th March 2013, About 12 years ago

As advised by a previous blogger, I just tried the e-mail complaint address mortgage.services@boipluk.com and received a rejection, trying mortgage.services@boipluk.co.uk this time but will call them later to lodge my complaint.
Interestingly their FAQ tel no (also 0800) is different to that in the 25 Feb letter !

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11:58 AM, 20th March 2013, About 12 years ago

I've received an email from the Treasury Committee confirming that they have received a reply from the FSA.

However, the Committee has to formally agree to publish it, which they have not done yet. The next Committee meeting is on Monday 25 March.

Darrell G

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11:52 AM, 21st March 2013, About 12 years ago

JD & Ian,
All my offers we're pre Oct 04 & all took out pre Oct 04. Ive took further advances after Oct 04 an all my accounts but only 3 are affected & not all the account on these 3 are affected. 5 other mortgages are not affected at all. They all seem to have the same T&C's too! it makes no sense at all? I would love to find out where this 'loop hole' really sits.

David Lawrenson

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14:40 PM, 21st March 2013, About 12 years ago

We wonder if there are parallels with the Foxtons case where Lord Justice Mann decided that clauses (allowing repeat letting fees) which were in small print & not bought to the attention of consumers acted as a trap (to landlords) and were thus deemed unfair?

See also at our own blog:

Bank of Ireland Mortgage Move Destroys Trust:
http://www.lettingfocus.com/blogs/index.php/2013/03/bank-of-ireland-mortgage-move-destroys-trust/

Well done for kicking this issue off, Mark

Tricia Collick

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9:34 AM, 23rd March 2013, About 12 years ago

As advised by a previous blogger, I just tried the e-mail complaint address mortgage.services@boipluk.com and received a rejection, trying mortgage.services@boipluk.co.uk this time but will call them later to lodge my complaint.
Interestingly their FAQ tel no (also 0800) is different to that in the 25 Feb letter !

Just to confirm I did try again on 20/3 with a complaint e-mail but this time to mortgage.services@boipluk.co.uk.
I had no 'rejection' this time from the mail, so perhaps this is the correct address, but no ackknowledgement either..not even 'it will take us x days to respond' like a normal (customer aware organisation would have set up as an auto reply service, so I have no way if this mail box is even checked.
I'll try to call the two 0800 numbers on Monday.

Mark Bruce

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17:56 PM, 23rd March 2013, About 12 years ago

I originally posted the email address. I to never got a response so after a week I phoned them and they said "that's strange the email address is correct (ending .co.uk) but we have not got it "so she then gave me another address where I could forward this on to them, over the the phone they confirmed they had received it.

Yes it does seem strange they never got it, that s two out of two times now reported on here that this email does not receive any reply, this is a bit suspicious! SO DO MAKE SURE YOU RECEIVE A REPLY confirming receipt of email. Also I am sure they at first gave me the .com email where I promptly received a message failure reply. Surely this is not their way of keeping complaints down?

In any event I know they have a complaint from me as I I have received a letter from them from the complaint they received via the ombudsmen. SO DO COMPLAIN TO THE OMBUDSMEN.

I asked them to marry up the complaint they have now received via the email to the one via the ombudsmen as the email contains many more points.

Tricia Collick

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16:04 PM, 25th March 2013, About 12 years ago

As advised by a previous blogger, I just tried the e-mail complaint address mortgage.services@boipluk.com and received a rejection, trying mortgage.services@boipluk.co.uk this time but will call them later to lodge my complaint.
Interestingly their FAQ tel no (also 0800) is different to that in the 25 Feb letter !

Just to confirm I did try again on 20/3 with a complaint e-mail but this time to mortgage.services@boipluk.co.uk.
I had no 'rejection' this time from the mail, so perhaps this is the correct address, but no ackknowledgement either..not even 'it will take us x days to respond' like a normal (customer aware organisation would have set up as an auto reply service, so I have no way if this mail box is even checked.
I'll try to call the two 0800 numbers on Monday.

Thank-you Mark, I followed your advice.
I confirmed with BofI they received the e-mail complaint and would confirm they had in 5 days.
I also called the FOS, a very nice lady took details, will write to them also, gave me a reference no, will send me the complaint form in case if they don't respond in the time limit or to my satisfaction.
She said they could put up the rate while the complaint was still live, so be prepared, but you (I) could ask them to hold off the increase, 'they may do, no harm in asking...'
I think I will reflect on this, if nothing is sorted it would therefore still be owing and even worse if it was then classed as overdue.
This is a 'RyanAir' syndrome, 'customers are there to be taken advantage of', all the Irish companies may get a bad name....

Ian Hamilton

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Denise Donovan

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22:38 PM, 29th March 2013, About 12 years ago

Does legal counsel have any advice ? Or do we wait for the next response from the FSA ? Although it doesn't like they will do anything.

Mark Alexander - Founder of Property118

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6:59 AM, 30th March 2013, About 12 years ago

We will be taking advice from Justin Selig on Tuesday on whether we should instruct barristers to proceed now or await the second respond from the FSA to the Treasury Select Committee letter from Andrew Tyrie. Justin kindly sent me copies of the FSA response and his subsequent letter. I have to say, the questions in the second letter are far stronger and more direct than the first. It seems quite clear to me that Mr Tyrie believes the BoI contract terms to be unfair and he's looking for the FSA to agree the same. The FSA response will be very interesting indeed.

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