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

Text Size

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?


Share This Article


Comments

Darrell G

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

21:17 PM, 8th April 2013, About 11 years ago

Just to bring everyone up to speed where I'm at:-

Early March (8th March) complaint letter sent to BoI.
Confirmation of receipt 13th March.
Just received a letter (8/3/13) from BoI stating....

"They do not have all the information at hand to give me a full & detailed reply" (I Bet they don't) However they confirm they have 8 weeks so i will keep you posted. Thats 3rd May 2013.

I asked for copies of my affected mortgage contracts/accounts & T&C's. Strange but they all have names & 'yes' hand written on the top (Might just be mortgage approval?, might be whats going to stitch us all up?) Im going to request copies of all my accounts to confirm. I suggest everyone does the same.

Darrell G

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

21:19 PM, 8th April 2013, About 11 years ago

Sorry....Just received a letter (8/3/13) actually is today 8/4/13

Fed Up Landlord

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

22:06 PM, 8th April 2013, About 11 years ago

Theres a surprise. I had the same letter today. When they sent me a copy of my mortgage agreement it also had "Yes" on it indicating my liability to be fleeced.

MG1

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

8:52 AM, 9th April 2013, About 11 years ago

Yes I received letter 5/4 regarding a property that I took out a tracker mortgage May 2002 and a further advance in 2007. The interesting thing is that BOI use the same account number for both loans even though they indicate 4.99% for the tracker mortgage and 2.25% for the further advance tracker mortgage. However they then state 'we will inform you immediately if there are any further changes to either a Standard Variable Rate or Bank of England Base Rate change. This means that they are treating the original tracker mortgage as a 'Standard Variable Mortgage' and not a 'Tracker' mortgage which I think is surely mis selling.

MG1

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

11:11 AM, 9th April 2013, About 11 years ago

Just spoke to BOI and the lady on the phone said the reason they can increase the pre 2004 mortgage was because it was 'not regulated' but post 2004 'is regulated' so they can't increase the fixed premium over the BOE base rate.

P Doff

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

11:33 AM, 9th April 2013, About 11 years ago

I have a residential Tracker mortgage from 2001. In the copy of the offer that I signed and returned at the time it states; "After the guarantee period, we may change the differential at any time by giving you written notice. We will only increase the differential under this paragraph if one or more of the reasons specified in condition 6. (f) of our Residential Mortgage Conditions applies.
Like many I did not receive a copy of 2001 Residential Mortgage Conditions at the time but BOI have sent me a copy. Condition 6. (f) only refers to Variable rates not Tracker rates. I pointed this out to BOI in my complaint but they dismissed it saying it is a printing error. Surely this is a contract and they should have checked it!

Darrell G

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

11:36 AM, 9th April 2013, About 11 years ago

Mike, Not True! I have 8 mortgages with BoI ALL pre Oct 2004. Only 3 are affected & only some parts of those 3 are affected.

There's more to it. I got told it was some points in the T&C's but all mine look the same.

Darrell G

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

11:38 AM, 9th April 2013, About 11 years ago

Sorry, Mark (I really should check my posts)

MG1

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

11:47 AM, 9th April 2013, About 11 years ago

Darrell G >> I suggest you ask them what is the difference in the T+ C's >> then we will all know exactly where they are coming from?

Darrell G

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

12:09 PM, 9th April 2013, About 11 years ago

Mark - I know, that would be the easiest thing to do, but what if they've overlooked something on my accounts & i point it out, then i end up with all 8 of my mortgages affected! That would cripple me.

Leave Comments

In order to post comments you will need to Sign In or Sign Up for a FREE Membership

or

Don't have an account? Sign Up

Landlord Tax Planning Book Now