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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16:41 PM, 12th April 2013, About 11 years ago

Hi Anthony, please see Neil's post which is very valid to your question. If the scenario that Neil outlined were come to pass the answer is that you could be left high and dry.

There's an old saying "you pays yer money, you takes yer chances!"

I just hope that any out of Court settlement BoI might offer doesn't include me having to remove this discussion, otherwise I would be caught between the devil and the deep blue sea!

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16:47 PM, 12th April 2013, About 11 years ago

Neil - I would think , well done Justin , I wonder what the settlement was? I would also link my thoughts to any independent success that I had achieved , if any. I am sure that would be the thought process of almost anyone.

I assume your point was rhetorical though rather than an actual question.

Anyway for its worth I am in support of a class plan but would like to see what outcome I achieve from the BOI and the FOS first.

I am sure anyone would agree that this is an entirely logical approach to adopt in the first instance.

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21:39 PM, 12th April 2013, About 11 years ago

I am a BOI (former Bristol and West) customer who is unaffected by the recent "problems". Also I have followed this forum and the comments made with interest. All I can say is that in the last few days/weeks it has become clear to me that everyone wants something for nothing. Everyone wants legal action to be taken against BofI but some seem willing to pay for it -, whereas others do not, despite the fact that the "do nots" are just as affected as everyone else. What they may really be trying to say is.......everyone else pay and then when I am sure that BofI do not have a case then and only then will I contribute to the joint action. Surely, things don't work like that, if you wish to "make your own arrangements" then so be it......but don't, after if all goes "tits up" then come back and decide that you would like to become part of the class action after all........I DESPAIR!!!!!!!!!

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21:42 PM, 12th April 2013, About 11 years ago

In answer to Mark......why didn't you keep your money in your pocket, after all you weren't even affected by all this......talk about solidarity!!!!!!!!!!!!!

Mark Alexander - Founder of Property118

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22:08 PM, 12th April 2013, About 11 years ago

@JMC thank you for your comments. In less than a month payments will increase. By then this forum may have gone quiet and those who are paying the increased payments may well be wondering what happened and may be those who have chipped in will not be able to say why or answer their questions. I chose to underwrite the cost of the barristers opinion as it felt like the right think to do. I did it because I have always known that uniting my fellow landlords is akin to asking a sheepdog to herd cats. It's said that there are over one million landlords and yet less than 5% of them have paid to join a landlord association but nearly 200,000 have subscribed to receive of free newsletters. Now what does that tell us?

David Lawrenson

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9:33 AM, 13th April 2013, About 11 years ago

My partner just received an offer from BM Solutions for a mortgage we applied for 2 weeks ago.
In it, it says they can increase the differential (after the initial fixed term has ended) at their discretion, due to prevailing market conditions and due to a host of other factors.
They also make clear they do not allow lets to housing benefit tenants, which is interesting considering the fact they made much of the fact that they were now allowing it, just 2 months ago.

David Lawrenson
http://www.LettingFocus.com/blogs

Tricia Collick

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10:52 AM, 13th April 2013, About 11 years ago

I had the mail re the £100 contribution and have been trying to locate all my paperwork first, however I would like to join in. We have moved twice, I think the files are mixed up, and the solicitor I used has gone out of business some years ago !

I just came across a photocopy of a B&W advert from the web listing their mortgage offers, I took a fixed deal to 2006 and then reverts to Bakk base Rate + 1.75 % for the 'term'. I have as yet found nothing referencing a 'differential' and yet this is what they are relying on.
I also found an original offer (saying the same) from Sept 2001 however the mortgage number is slightly different.I also found notes in my writing that say it is portable and the mortgage completion in 2004 of the offending account no. I'll keep digging,I think I ported in 2004, I wonder if the account no changed then ?

Mark Alexander - Founder of Property118

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11:16 AM, 13th April 2013, About 11 years ago

@David Lawrenson - I wonder if all lenders will start to sneak these clauses into their contracts now? I also wonder how many of them already have them and are just waiting to see what the fallout is from BoI's controversial decision?

Mark Alexander - Founder of Property118

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11:19 AM, 13th April 2013, About 11 years ago

@JMC - early posters on this thread agreed to join the class action even though they were not affected. The motivation was nipping the problem in the bud before other lenders decided to follow the BoI lead. If will be interested to see how many of those people also stump up their money, as I did, even though they are not directly affected by BoI. If ever there was a time for landlords to unite and build a fighting fund, surely this is that time?

Denise Donovan

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11:48 AM, 13th April 2013, About 11 years ago

@anthonywalker. I agree with your points. I think outcome from the FOS and further communication from FSA is being awaited by counsel before advising if there is a valid case.

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