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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13:19 PM, 3rd May 2013, About 12 years ago

Don't forget to also write to BoI stating

"write to BOI and say you are making this payment without prejudice to a proposed claim for damages against them."

as per Justin's previous post.

ian

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19:14 PM, 3rd May 2013, About 12 years ago

I,ve been on ML web forums & it seems the attitude is that if class action members get of then it would automatically be across the board.( Think they will be in for a shock if thats the case ) probably why the signage is low at the moment.

Mark Alexander - Founder of Property118

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20:32 PM, 3rd May 2013, About 12 years ago

@ian please forgive my ignorance but what is ML forums?

ian

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20:34 PM, 3rd May 2013, About 12 years ago

mark.
sorry martin lewis

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20:42 PM, 3rd May 2013, About 12 years ago

I am a residential tracker mortgage holder.

Is the sign up to class action for BTL holders only?

Mark Alexander - Founder of Property118

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20:46 PM, 3rd May 2013, About 12 years ago

@ian thanks, please post a link to the discussion

@Paul the class action is for all affected borrowers, resi and BTL

ian

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20:50 PM, 3rd May 2013, About 12 years ago

Mark - I would,nt have a clue how to LOL

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21:07 PM, 3rd May 2013, About 12 years ago

Hi, I am new to this forum, I have just had a 'final' letter from the BoI about my complaint it appears to be the standard letter that others have referred to - which ignores my questions and suggests that I go to the Ombudsman or my broker if I am not happy about their response. I will call the ombudsman but it seems as it is a BTL they won't be interested. My broker was the Money Centre but as I used a broker am I still able to join the class action or am I too late anyway. Also I have copy of a document that I signed that listed all the documents I received in relation to the mortgage and there is no mention of Residential Mortgage t&c's that they refer to so it was never included in the 'pack' however if the ombudsman is not interested does anyone know how to take this further.

Mark Alexander - Founder of Property118

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21:39 PM, 3rd May 2013, About 12 years ago

Hi Cheryl

Welcome to Property118.com

You are definitely in the right place and the good news in that you are not too late to join the Class Action.

I am the founder of this forum and at the time you purchased your mortgage I was also the MD of The Money Centre (UK) PLC, a company which I founded from my bedroom in 1990 and grew to rank at #38 in The Sunday Times Profit Track 100 in 2008. You will be pleased to hear that The Money Centre were directly authorised by the FSA and that we carried substantial PI Insurance. Therefore, if you do have a successful claim against your broker you can rest assured that insurance is in place to pay out any claim. As you may be aware, I retired from the mortgage broking industry in 2009 and The Money Centre is no longer trading. See this story >>> http://www.thamesvalley.police.uk/newsevents/newsevents-pressreleases/newsevents-pressreleases-item.htm?id=160461

Having said all of that, the barristers opinion was that it is highly unlikely that brokers and solicitors will be held liable. That will no doubt bring about a big sigh of relief for the insurance industry. It genuinely makes no difference to me personally though I can assure you.

Property118 is not running the Class Action. We merely underwrote the cost of obtaining Counsels opinion to get the Class Action started. The action and advice is 100% independent. We chose to underwrite the class action as we were incensed by the BOI's action and we were concerned about the potential knock on ramifications to every borrower with a tracker mortgage, whether BTL or residential.

I am not personally affected by the BOI's actions but I could be if other mortgage lenders decide to change the terms of mortgage contracts arranged prior to mortgage regulation on 1st November 2004 as I have several tracker rate mortgages with other mortgage lenders which I arranged prior to that date.

Please feel free to ask more questions.

David Lawrenson

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10:16 AM, 4th May 2013, About 12 years ago

Readers should note that many Barclays Woolwich base rate tracker BTL mortgages actually follow the Barclays base rate which over the years has always been same as the Bank of England base rate.
However, it would not surprise me if Barclays are following developments closely as many of their trackers are at very low rates.

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