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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Chris Bunn

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15:57 PM, 23rd April 2013, About 11 years ago

Hi Everyone
I have received my letter from the Bank of Ireland and they state it is their final word on the matter. I asked a few questions which they will not answer, due to it being commercially sensitive. However they did answer one question and that was how did they decide which loans to apply the interest increase to.
The reason I asked this question is I have 2 mortgages with them taken out in September 2003. They have applied the interest rise to these. I then took a further advance on both mortgages in April 2007 and the interest rate is staying at 1.75% above bank of England. (why is that? I ask myself)
I have not received any incentive to move my loan but I am living outside of the UK which they are aware of. I have made some enquires with a view to getting another mortgage but I am unable to.

Their answer was “The change is being applied to all accounts’ that have a condition allowing us to change the tracking differential”
So if you have not been informed of the increase and have a loan with the bank start making a plan.

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16:42 PM, 23rd April 2013, About 11 years ago

My letter dates 11th May 2004....

APPLICANTS ACCEPTANCE:
l/We have received, read and understood your (1) product brochure for the mortgage described in this Offer, (2)
Scale of Fees leaflet, (3) Notes for Mortgage Applicants leaflet and agree to the General Consent to transfer in
section 3 or Notes for Further Loan Applicants if this is an Offer of Further Loan, and (4) Guarantor's Guide (if
applicable).
l/We accept the terms and conditions of this Offer.

Justin, I've sent you a full PDF of this letter.

Darrell G

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17:46 PM, 23rd April 2013, About 11 years ago

Does anyone know yet why only 3 of my mortgages are partly affected & the other 5 are 'In the Clear' All are pre Oct 2004 & all seem to have the same T&C's stating this Tracker 'Special Condition' supposably allowing them to change the Tracker differential.

MG1

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19:27 PM, 23rd April 2013, About 11 years ago

The BOI just lost a case with the HMRC as they were again trying to be clever.

http://www.guardian.co.uk/politics/2013/apr/23/bank-ireland-loses-tax-case-hmrc

Geoff H

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8:36 AM, 24th April 2013, About 11 years ago

Regarding the Residential Mortgage Conditions - two points:-
1. Although I can't prove that I didn't receive these with my offer I can categorically state that I didn't - but have any others with BTL offers been supplied with the Residential Mortgage Conditions at the time of their offer? I think it's likely that the Residential conditions were not sent out by BoI staff because they themselves did not make the connection with our BTL loans.
2. on the subject of FOS possibly not wanting to deal with unregulated loan related complaints - surely they can't have it both ways - by treating ours as unregulated loans they are surely excluding the Residential conditions documentation - if however they allow the Residential conditions to be applied they are surely accepting that this is not a pure unregulated loan and should therefore entertain our complaints?

John Smith

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13:16 PM, 24th April 2013, About 11 years ago

Regarding Darrell G's query "Does anyone know yet why only 3 of my mortgages are partly affected & the other 5 are ‘In the Clear’ All are pre Oct 2004 & all seem to have the same T&C’s stating this Tracker ‘Special Condition’ supposably allowing them to change the Tracker differential."

Just a thought - Do the non affected mortgages have a promotional period (still running) rather than a guarantee period ( now ended)?

Darrell G

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13:37 PM, 24th April 2013, About 11 years ago

No, that's my total confusion. All the mortgages we're all took out 2003-2004 (pre Oct 2004) All on various products that all have now (3-4 years ago) expired & all revereted to the tracker rate above bank base.

ian

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13:42 PM, 24th April 2013, About 11 years ago

Darrel G
For someone who wanted to set up a private forum, because you thought the BoI "spies" are watching. You,ve now anounced that you have 5 pre oct 04 mortgage accounts unaffected, Even if your not on here under your own name, you,ve given them a starting point to check there data base for account holders with 8 + accounts.
please tell me you dont work for G4.

Darrell G

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19:19 PM, 24th April 2013, About 11 years ago

Ian, Are you affected by the BoI issue & have you signed up to the class action?

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14:34 PM, 25th April 2013, About 11 years ago

Mark - Will counsels opinion be placed on here or is for signed up members only?

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