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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12:39 PM, 29th April 2013, About 11 years ago

Mark thanks, understand that but it should,nt stop me or others from signing up. its not getting the intended form that is?

Justin Selig - solicitor

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12:54 PM, 29th April 2013, About 11 years ago

Legal Action update:

I know a number of you are awaiting a draft letter for the Financial Ombudsman Service (FOS) - just to clarify what we are doing - we haven't supplied a draft letter as yet as I was waiting for our Counsel's opinion. Now that we have it (although not yet in final form) we will be supplying those people who have signed up with us sample wording for them to use in lodging their complaint with the FOS.

The procedure to complain to the FOS is by filling in an on-line or paper form. We will be emailing a partially completed form to those people who have signed up with us. Alternatively the complaint can be made by going to http://www.financial-ombudsman.org.uk. We will be providing the wording for certain parts of the form. The wording will be based on the legal arguments we propose to use in any necessary future action against the Bank of Ireland.

We will be discussing our strategy with the the barrister this week in terms of next steps (including formally writing to the Bank of Ireland) and will publish details on this forum as to what our next steps will be.

I have also been speaking with the Sunday Times who are taking an interest in this case and may publish something on this case next weekend.

Justin Selig - solicitor

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12:59 PM, 29th April 2013, About 11 years ago

Just as a footnote to my last comment - I know a number of people have contacted us to express an interest in joining the action and have yet to hear from us. Please bear with us - we hope to write to you within the next day or so and please accept my apologies for not getting back to you sooner.

We are collating a large amount of documentation as we have asked everyone to send their documents received from the bank and this does take some time - however this exercise means that we are able to assist a large number of people once we have all the different versions of the documents - which there are many.

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13:02 PM, 29th April 2013, About 11 years ago

Justin what about those of us that are unable to sign up due to not recieveing sign up form. ???

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13:08 PM, 29th April 2013, About 11 years ago

Justin thanks read your post after I sent mine

Ever Hopeful Landlord

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13:31 PM, 29th April 2013, About 11 years ago

justin the F.O.S have told me they will not get involved with B.T.L . because its unregulated. do you know this to be the case,as there wouldn't be any point in writing a letter of complaint.

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15:32 PM, 29th April 2013, About 11 years ago

Brian Milligan from BBC News online here. Trying to find some landlords affected by the Bank of Ireland mortgage rate change.

If you've been affected, would you mind dropping me an email? please give your details, how much extra you're having to pay, and how you feel about it!

I would be quoting you in an online article on the BBC news website. The deadline is Wednesday 1st May, so if you're reading this after then, don't worry.

many thanks, Brian brian.milligan@bbc.co.uk

Mark Alexander - Founder of Property118

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15:38 PM, 29th April 2013, About 11 years ago

@Brian Milligan - thank you for commenting and for your time on the telephone just now. I am leaving this message to encourage affected borrowers to contact you. When writing your online article I would be incredibly grateful if you would link back to this thread in order that other affected borrowers reading your article may also benefit from this discussion and the professional advice offered. By all means post a link to you article here when it is published.

Mark Alexander - Founder of Property118

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15:38 PM, 29th April 2013, About 11 years ago

@Brian Milligan - thank you for commenting and for your time on the telephone just now. I am leaving this message to encourage affected borrowers to contact you. When writing your online article I would be incredibly grateful if you would link back to this thread in order that other affected borrowers reading your article may also benefit from this discussion and the professional advice offered. By all means post a link to your article here when it is published.

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16:29 PM, 29th April 2013, About 11 years ago

thanks Mark. Have got plenty of replies already! Brian

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