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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Darrell G

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13:13 PM, 13th April 2013, About 11 years ago

Mark - I'm all for joining a 'Class Action' & contributing to a fund, this rate rise on 3 of my accounts is going to cost me over £7000 a year...for life, which is what my lifetime tracker should have been. Is there anyway that you could get some form of transparency on how may people are interested in Class action. Potential costs of the same. Maybe live updates to all parties joined?

i.e 500 parties x £100 = £50'000
council could cost £100'000?

At least we would all know where we we're going.

Do you think it would be an idea to set up a meeting say in Birmingham for all truly interested parties to attend, meet Justin & join the class action that way? Maybe when a few of us have had our BoI replies back but before involving FOS?

Darrell G

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13:21 PM, 13th April 2013, About 11 years ago

Did you all see the interview on Jeff Randal, Sky news the other day re the Post Office's future plans for banking? Don't think their 'Financial Partner' Bank of Ireland is going to help their cause in trust & transparency to its UK banking customers.

Mark Alexander - Founder of Property118

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13:53 PM, 13th April 2013, About 11 years ago

Hi Darrell, 165 people expressed an interest via Property118 but I know Justin had a lot more via The Sunday Times and other national press he was quoted in.

The barristers opinion was negotiated at just under £2,000 which I thought was a bargain given the credibility of the barrister who took instructions. He is a top London barrister specialising in banking law and has won many high profile cases. Best of all, he is personally affected by this!

I will leave it to Justin to answer your other questions as I don't know the answers. It may well be that your questions are rhetorical at this stage.

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17:33 PM, 13th April 2013, About 11 years ago

I had paperwork ready yesterday for emailing off to Justin Selig, husband checked things for me to my shock my passport is out of date. I rushed of to get forms & photo etc. payed fee to check I filled it in correctly after which lady behind counter informed me it usally takes 1 calender month on recipt of application if theres a high demand even longer. I noticed on an earlier post above. IAN had a similer problem, IAN was you given axtra time to send off your details ? or an alternative way off proving ID. Im starting to panic now as I only came accross this web site days ago did,nt no there was a class action till then so I only registered a few days ago Im hopeing im not going to miss the deadline. what is the deadline doe,s anyone no.

Mark Alexander - Founder of Property118

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17:36 PM, 13th April 2013, About 11 years ago

Hi Jackie

Do you have another picture ID such as a driving licence? If so that will be fine.

If you don't have anything, don't worry, just send what you have to Justin and send the new Passport when you get it.

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18:38 PM, 13th April 2013, About 11 years ago

Bank of Ireland
Mark Is it possible for you to send me the information required for me to join the class action.
I have been away recently and although I had previously e-mailed to join class action I would like to contribute. I have not received a e-mail from your team that other landlords seem to have been sent.
I have two buy to let mortgages affected and have just received a letter back from
B of I
Many thanks and keep up the great work

David Lawrenson

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18:55 PM, 13th April 2013, About 11 years ago

Hi Mark,

I was surprised to see BM sneak these similar clauses in and I will be taking up the matter with their press office on Monday - and also I will be taking up the fact that they still have a clear restiction on housing benefit, despite telling the press they were no longer doing this, a few months ago.

It is rather worrying to see similar clauses to BOI being sneaked in, as this is a new development - and very worrying indeed.

If I was a mortgage broker I would be very concerned, because at the very least borrowers ought to be told about these clauses that really say the lender can change the rate any time they like due to external economic factors.

I wonder what on earth Andrew Tyrie would say about this.

David Lawrenson
http://www.LettingFocus.com

David Lawrenson

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19:08 PM, 13th April 2013, About 11 years ago

Mark,

It is very worrying that another lender has already copied BOI and introduced more or less identical clauses.

I wonder what Andrew Tyrie and the regulator make of this. We will certainly make them aware of it via the press

David Lawrenson
http://www.LettingFocus.com

Richard Kent

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19:14 PM, 13th April 2013, About 11 years ago

@Mark Alexander,

£2000 for the advice of a Barrister is an absolute bargain.

If I were directly affected I would not hesitate to send my £120 to Justin.

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19:14 PM, 13th April 2013, About 11 years ago

Hi Mark I agree with you. we need to act together on this could you send me details on how to join.

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