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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10:31 AM, 30th March 2013, About 12 years ago

FSA responded saying the changes are not unfair

"In response to a letter from Andrew Tyrie, chairman of the treasury select committee, Martin Wheatley, FSA managing director, said it had reviewed the terms and conditions and did not believe the changes were unfair."

http://www.ft.com/cms/s/0/8fe38d5c-979f-11e2-97e0-00144feabdc0.html#axzz2P19AfBOT

John Smith

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10:57 AM, 30th March 2013, About 12 years ago

On my (residential mortgage) Offer of Loan dated Jan 04 in very small print at the foot of each page it says "B..&W.. plc is regulated by the F..S..A.." Does that suggest B & W were holding out that the mortgage was regulated by the FSA.?

Tricia Collick

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11:24 AM, 30th March 2013, About 12 years ago

I've been going through my paperwork from Bristol&West then Bank of Ireland, at no time was the word 'differential' used until the letter in March from bank of Ireland to tell me it was going up !!

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12:16 PM, 30th March 2013, About 12 years ago

In my letter of complaint to BOI, I included the "Jargon Buster" leaflet from 2004 - at no point was "differential" listed as a term that might need explanation - yet now they are relying on something they felt didn't require explanation.

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17:54 PM, 30th March 2013, About 12 years ago

John
very small print at the foot of each page “B..&W.. plc is regulated by the F..S..A.
I have the same print and also a letter in 2009 confirming maturity of tracker: 2029, which will track BOE for the full term.
My mortgage is also flex but BTL 1.75 above BOE.

Freda Blogs

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11:48 AM, 31st March 2013, About 12 years ago

There's an interesting article in today's Sunday Times (Money section) where BOI concede that there may be a get out where there is evidence suggesting that the customer could have been led to believe that the differential was for the lifetime of the product.

I hope that will help some of you guys out there...

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13:24 PM, 31st March 2013, About 12 years ago

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13:25 PM, 31st March 2013, About 12 years ago

Here's a photo of today's Sunday Times article...

http://www.tracker-rate-hike.co.uk/borrowers-may-escape-shock-rate-rise/

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13:39 PM, 31st March 2013, About 12 years ago

Can anyone confirm if this is only affecting mortgages 2004 and earlier? I have mortgages from 2006 & 2007 and am a little concerned by the reports in the media as these do not mention 2004 at all.

Thanks,

Adam.

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17:40 PM, 31st March 2013, About 12 years ago

The TImes on Sunday had a good article about this.

The Law Department has got around 170 BOI customers in its corner now.

The FCA has declined to comment or to take action. This is not a good start to an organisation that is replacing the FSA.

BOI is claiming that appeals will be heard on a case by case basis - if you believed you were on a BOE + x% lifetime tracker (as opposed to a "BOE + x% until we change our mind tracker") you may have a case.

Utter BS - I hope the other mortgage lenders do not take this utterly inexcusable pacivity by the FCA to be a green light to increase their rates. I suspect they will though - they will simply run the numbers and look at the upside (doubling of profits) vs the slight downside (bad PR and possibly a limited legal action).

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