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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17:00 PM, 9th May 2013, About 11 years ago

Hi just needing a bit of advice, I've joined the class action and have recieved advice etc. Justin asks if I can let him know if I class myself as "a consumer" (as defined in the summary document) Now I'm not sure, could somebody help , as a residential mortgage customer who basically just has a straight forward mortgage with BoI (well I use the term straight forward with tounge firmly in cheek in this instance) Anyway does this mean I come under the consumer catagory?
Sorry I am easily confused but can't move forward until I can clarify this point. any help greatly appreciated.

Justin Selig - solicitor

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17:20 PM, 9th May 2013, About 11 years ago

Andy - as a residential mortgage holder - you are most definitely a consumer.

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17:36 PM, 9th May 2013, About 11 years ago

Thanks Justin, I thought as much but now I know!! hooray!! will send in the necassery bits and pieces.

Whilst I am here can I ask, the consumer aspect is for approaching the office of fair trading yes! and as such is this a sort of second approach to sorting things out. What I mean to say is will the BoI be approached diretly as part of the class action I have already joined and is this consumer part a seperate thing, a seecond line of attck you might say?. I do apologise for my ignorance in advance, I'm not very good at al this kind of thing and easily confused thats why I signed up and the fact that the BoI are being reprehensible in there actions.

I'm still not entirely sure what has happened so far and what idf anything is in the pipeline but I am hopewful it will all work out in the end. An idiots guide to whats happening and planned would be great if anyone has got the time.

Once again many thanks to you and your team

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18:11 PM, 9th May 2013, About 11 years ago

Andy,
if you go to top of this forum & read your way through that should explain all,

ian

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8:55 AM, 10th May 2013, About 11 years ago

Justin Selig
If we go for damages at a later date depending on the outcome of OFT.
Would it affect anyone,s case if they stop there Direct Debit payment increases, if you dont allow the bank to take the increase from your account would they have such a strong case or will it make no differance whatsoever ?

ian

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15:57 PM, 10th May 2013, About 11 years ago

On the 5th March OFT recieved an Email from an affected account holder to put a case forward.
There responce was
The OFT has no power to intervene in individual disputes or seek redress on behalf of a consumer.

This came from M Lewis Web forum saying that the post was on this site. So dont no if its just a prank or not

Denise Donovan

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17:19 PM, 10th May 2013, About 11 years ago

@Ian

See the comment on this website from Maria on the 6th March, that is the source of the comment re OFT not being interested

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17:45 PM, 10th May 2013, About 11 years ago

Just read maria,s post that does,nt fare to well so theres no point in joining then. what about those who have paid up i would,nt be happy
Justin can you please respond to this situation, as im sure all are concerned.

Justin Selig - solicitor

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18:19 PM, 10th May 2013, About 11 years ago

Just in response to Jackie's earlier posting - we are not suggesting that people make individual complaints to the OFT - they will not accept it. The correct forum for individuals to complain is firstly to the bank itself, and then once you receive your rejection letter, to make a formal complaint to the Financial Ombudsman Service.

We have prepared a sample covering letter and partially completed complaint form for you to use in sending your complaint to the FOS.

We are preparing on behalf of everyone, a formal submission to the OFT. This is currently being drafted by our barrister and will be ready hopefully some time next week. This is not a complaint on behalf of an individual but a carefully worded letter setting out all the arguments on behalf of the borrowers as a group outlining why the bank was not entitled to do what it has done.

I have spoken to a solicitor within the OFT who confirmed that they would look at our submission. We will also be preparing a similar submission to go to the FCA.

ian

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19:00 PM, 11th May 2013, About 11 years ago

Justin Selig
Thanks for your quick reply, opinion is that as we are consumers & if OFT get to overturn BoI then everyone will get of without signing up to the class action, if it was,nt for the signees it would,nt of got to this stage, in fairness to them how are they going to stop those who have,nt signed up getting there accounts overturned ?

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