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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11:46 AM, 11th April 2013, About 12 years ago

Hi I live abroad and have not received a letter. My BTL mortgage was taken out with Bristol and West in 2007 is a tracker and was consequently transferred to BOI. Will my mortgage be increased or is it only the ones pre 2004?

Neil Patterson

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12:37 PM, 11th April 2013, About 12 years ago

Hi Nigel,

It is only Pre 2004 mortgages that are affected so far.

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18:50 PM, 11th April 2013, About 12 years ago

I've received my a letter today advising that my Tracker mortgage interest rate is jumping from 1.39% to 2.99% on my residential product. (The first of two proposed jumps.)

It seems that they want the best of both worlds as the second line reads...

"We will inform you immediately if there are any further changes to your interest rate due either to a Standard Variable Rate or England Base Rate change."

It's a Tracker mortgage, so what has the Standard Variable Rate got to do with anything? Or do they now consider my mortgage an SVR???

John Smith

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19:05 PM, 11th April 2013, About 12 years ago

"Your loan review explained" on the back of the letter is interesting. Hard to see how a lifetime tracker would need a loan review based on reading that.

Geoff H

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11:57 AM, 12th April 2013, About 12 years ago

I received a letter from BoI on the 8th that includes the instruction to regard it as their final response on the matter and offers me the option to now refer the issue to FOS if I am still dissatisfied (which I am). The leaflet BoI included about FOS says that they "will not usually handle a complaint that has already been considered by a court (or where court action is due to take place)". For those of us wishing to exhaust the FOS process should any further involvement in the proposed class action be delayed. I've seen the email requesting an initial 100 pounds payment towards legal costs but am concerned that this could rule out appealing to FOS. Can anyone clarify the situation please.

Mark Alexander - Founder of Property118

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

@Geoff H - I have just emailed the following to Justin together with a link to your comment:-

"I recommend that you respond to this question on the forum as it is likely to come up several times now.

At the same time you may wish to address what happens to the payments whilst the FOS are considering the complaints. My understanding, and that of several people who have commented on the forum, is that the increase cannot be implemented whilst the matter is being considered by the FOS. Do you concur and if so what if any action is required on the part of affected borrowers to prevent BoI from implementing the increase?"

ian

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12:45 PM, 12th April 2013, About 12 years ago

Has anyone not recieved an email regarding £100 initial payment towards action as i joined the class action weeks ago. emailed Justin & jemma direct 3 days ago expressing my interest in the class action & for them to act on my behalf. as to date no reply. As i have not wrote to the bank yet to complain im in limbo.

Mark Alexander - Founder of Property118

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12:56 PM, 12th April 2013, About 12 years ago

@ian - I suggest you email Justin directly to express your concerns - justin@lawdepartment.co.uk

Justin Selig - solicitor

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12:59 PM, 12th April 2013, About 12 years ago

Just to respond to Mark and Geoff H's earlier comments, the money that I have requested is not being used as yet. I obviously don't want to hinder any investigation by the FOS and would encourage as many people as possible to raise a complaint where they have grounds to do so.

All funds are being placed in my client account as I want to establish the level of take up for the proposed action before proceeding. Furthermore we are only at the stage of obtaining Counsel's opinion before proceeding further. The funds received will be used in part to repaying Property118.com for the sums expended on Counsel's opinion and if it is deemed appropriate to commence legal proceedings against the bank. However, we are some way off issuing legal proceedings so I doubt that our current actions will prevent the FOS from looking at this. I will only be releasing details of the counsel's opinion to those people who have paid as I think it is unfair to those who have paid to fund everyone else.

Justin Selig - solicitor

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13:02 PM, 12th April 2013, About 12 years ago

In response to Ian's earlier comment, if you have sent us your details then we will respond to you. We are dealing with a very large number of enquiries so please bear with us and we will get back to you as soon as we can.

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