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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9:03 AM, 16th April 2013, About 12 years ago

Rather (I think) bizarre letter from BoI this morning: As follows--

'I refer to our previous letter dated 21't March 2013 and I am writing to advise you
that we are still investigating the issues you have raised.
Unfortunately, it has not been possible to bring this matter to a conclusion, as we have not yet received all the information we need to allow us to provide you with a full and detailed reply.
We aim to resolve your complaint within eight weeks of the date we first received
it. lf for any reason we can't do this we will write to you again, detailing the action
you can then choose to take.
ln the meantime, thank you for your patience and if you have any queries please
do not hesitate to contact me.'

Mark (or Justin) : Any explanation? I would have thought that all the info would be in one file at Bristol!

Dave

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9:26 AM, 16th April 2013, About 12 years ago

@DavidO

I've received my final complaint letter from BOI, and it looks like a standard reply. They did not address any of the points or questions raised in my letter. All it says is that I'd signed to accepted the T&C's in 2004, and they claim to have sent the 2001 Residential Conditions and details of where they could be obtained!

Fed Up Landlord

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10:01 AM, 16th April 2013, About 12 years ago

DavidO - I have had the same letter from BOI dated 4 April telling me that they had not finished looking into my complaint and then a letter 2 days ago telling me that my mortgage was being transferred to BOI UK PLC and :

"There will be no changes to the terms and conditions of your mortgage as a result of these changes. You can continue to contact us in the normal way and your ability to refer complaints to the Financial Ombudsman Service remains unchanged" (Note contrary to other posts BOI seem to think we can refer)

And to further confuse they sent me another letter dated 2 April stating that my mortgage was going up and:

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

Well my mortgage was a tracker and not dependent on standard variable rate which fell foul of the "devious differential clause"

So what is it BOI? In one letter no change to my terms and conditions - but is not a change in differential a change? Or am I on a standard variable rate? Or is it as said to one postee - " a printing error". They are all over the place with this.

Hopefully a good barrister is going to have a field day . Sending this lot off to Justin to add to the rest of my correspondence.

Those of you who have not joined the class action - the more discrepancies between how people are being dealt with and different messages will help our case. It is confusing and we need legal advice. Don't just rely on the few.

And I do not work for either Justin or Mark!!

Ever Hopeful Landlord

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11:09 AM, 16th April 2013, About 12 years ago

i was also advised by B.O.I that i could complain to F.O.S but when i did they said that B.T.L was unregulated therefore they would not get involved, when i stated that B.O.I had told me to do so they said they don't take direction from them.

David Lawrenson

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12:09 PM, 16th April 2013, About 12 years ago

Yes, it seems BOI are all over the place on their response to this. No surprise to us. We are getting reports that other lenders have followed suit with similar terms - and we have some journalists interested in following up case studies, where other lenders are introducing the same terms. Readers of this blog should check terms and conditions and all small print on recent mortgage offers and let Mark know, so Property118 and LettingFocus can follow up. Finally, landlords should for once ditch their usual parsimonious approach and get involved with this action - for which initial cost seems to be very low. Well done to 118 for taking a lead on this.

David Lawrenson

Darrell G

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13:24 PM, 16th April 2013, About 12 years ago

Garry & DavidO
Ive had the same two letters. I was just waiting for their reply before joining 'Class action'

I was with a very close friend yesterday that is a large investor in Seneca. A company that specialises in suing banks apparently. He's offered to forward my info re the BoI issue to get their 'heads up' on it too. The more the merrier in the first instance i guess. One thing for certain is you cant fight the bank on your own.

I'll post anything i hear on this forum.

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13:48 PM, 16th April 2013, About 12 years ago

Don't think we can rely on the FOS. I've subscribed to the class action. Can one afford not to?

Darrell G

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14:34 PM, 16th April 2013, About 12 years ago

OK, Ive just received the Bank of Ireland's response in the post. They state this is a 'Final Response' & if not satisfied to take my complaint to the FOS. I'll email it to Mark of property118 & hopefully he will make it available to all on the forum. Its worth noting in one of the paragraphs they mention the cash incentives offered to certain customers (I'm one of these customers) however conveniently overlooked the fact they didn't inform me of a potential future rate rase so i could make an informed decision & sell or move my mortgage.

I'll now sign up to the Class Action & send all the info required & contribution tomorrow. You cant fight this alone & BoI cant get away with stealing our investments, pensions & children's inheritance.

Ever Hopeful Landlord

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14:51 PM, 16th April 2013, About 12 years ago

do you know why some customers were offered cash incentives, i wasn't but just wondering what there criteria was.

Darrell G

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14:58 PM, 16th April 2013, About 12 years ago

No a clue, sorry.

I was offered £6-6500 then about a month later £8-£8500 per property to leave. Unfortunately as i didn't accept because i was on a good mortgage rate I threw the offer after it expired, but recall there wasn't any terms, just take the mortgage elsewhere.

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