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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Mark Alexander - Founder of Property118

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20:22 PM, 31st March 2013, About 12 years ago

@Adam I can confirm that only some mortgages taken out before 31st October 2004 are affected and that no mortgages after that date are affected

Darrell G

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20:39 PM, 31st March 2013, About 12 years ago

Mark, Im still here & watching your site & discussion with interest. Good news to hear Justin mentioned in the Sunday Times 'Money' today. It would be good for this to remain in your Popular Discussions section though (even though its over 30 days). I think, to see what was nearly 10'000 readers of a story reassuring or should i move my interest to another area say the class action?

John Smith

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22:16 PM, 31st March 2013, About 12 years ago

Have I understood this correctly? The mortgages affected are Oct 2004 and prior, which happens to co-incide with the date from which FSA say they regulate B & W mortgages. Mortgages with similar terms after Oct 04 are not in the frame. BOI consulted FSA before taking action and were told they are won't look into pre Oct 04 but would look at post Oct 04 mortgages.

Mark Alexander - Founder of Property118

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7:04 AM, 1st April 2013, About 12 years ago

That's exactly how it is John

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12:19 PM, 1st April 2013, About 12 years ago

@ Mark Alexander: Thanks for confirming that for me - good man!

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22:20 PM, 2nd April 2013, About 12 years ago

Lets just say the BOI are skint, it is why I was forced to leave and finance elsewhere, they truly deserve to lose this case

http://www.independent.ie/business/irish/dan-white-mortgage-arrears-could-force-boi-into-state-ownership-29120334.html

There just treading water, or sinking like Cyprus

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15:54 PM, 5th April 2013, About 12 years ago

Hi

The new Rate takes effect in less than 4 weeks.
Whats the latest?

Mark Alexander - Founder of Property118

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16:23 PM, 5th April 2013, About 12 years ago

We are making progress, watch this space for an update soon from Justin Selig

Justin Selig - solicitor

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0:37 AM, 6th April 2013, About 12 years ago

I have met with a barrister today to discuss the case generally and how to proceed to the next stage. We are waiting for a formal opinion which we will receive early next week. In the meantime given the response from the FSA to Andrew Tyrie and then his letter back to the FSA – see attached links http://goo.gl/2ODFK and http://goo.gl/bXmQm , it is our opinion that we should now write to the Bank of Ireland on behalf of all the borrowers to obtain an initial response to their comment that “if any borrower believed that the differential was for the life or lifetime of the product then they would be excluded from the increase”.

I would therefore like to hear from any borrower who can provide me with evidence that they were led to believe this. I have already heard from over 200 people on this case and I have received copies of terms and conditions from a large number of people. However, if you could provide me with evidence to counter the bank’s claim as set out above, then we have a good starting point. You can email this information to jemma@lawdepartment.co.uk.

If you would like us to write to the bank on your behalf, we will require a small financial contribution from you, towards reviewing your terms and conditions and sending the letter. The contribution would also go towards reimbursing Property118.com for the Counsel’s opinion that they have funded. If you would like us to go ahead on your behalf, please send the following information to us:-

1 Your initial offer letter from the bank

2 The terms and conditions of your mortgage

3 Any marketing material you were provided with at the time

4 Any subsequent correspondence you have received regarding the rate you pay and/or your differential

5 A copy of your passport and a utility bill to confirm your identity.

Upon receipt of the above we will contact you regarding payment and provide you with an engagement letter.

I will update you further next week.

ian

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19:14 PM, 8th April 2013, About 12 years ago

NEW TENANCY CONTRACT
Rental Increase clause
Clause 6 (m) Your rental increase is charged at a rate that tracks the inflation rate,
plus an aditional percentage which is called the differential, as your contract is an Rental Inflation Tracker at 1.75% differential above inflation, From 1 MAY 2013,
the new differential will be 4.99% above Inflation,
The Terms & Conditions of your Tenancy Agreement allow me to increase the
differential in certain circmstances, Which are i need to pass on all finantial costs to myself.

COMPLAINTS PROCEEDURE

Please complain to the Bank of Ireland in the first instant.

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