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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Darrell G

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10:30 AM, 21st May 2013, About 11 years ago

No letters either for my 'Lifetime Base Rate Tracker's' & I don't know if i fall into these category's or not (sound like i do?) I agree with Rob though, this might just be an olive branch to help a legal challenge.

All in all, if I'm in these categories or not I'm still going to keep up my involvement with the Class action, Banks cant keep getting away with these things.

Something has to be done about a banks blatant disregard for the customer.

ian

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10:30 AM, 21st May 2013, About 11 years ago

Thats very good news for those getting off, atleast it shows the Bank got it wrong on there accounts, gives the rest of us more hope.

Darrell G

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10:34 AM, 21st May 2013, About 11 years ago

Has anyone on this Forum actually got any of these letters talked about reversing this action?

Mark Alexander - Founder of Property118

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10:38 AM, 21st May 2013, About 11 years ago

@Darrell G - I believe the letters are only being sent today.

TO ALL - rest assured we are still fighting. See the footnotes to this new article I've just published >>> http://www.property118.com/the-latest-on-the-boi-tracker-rate-scandal/39733/

Mark Alexander - Founder of Property118

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11:10 AM, 21st May 2013, About 11 years ago

FURTHER THOUGHT

I am going to ask Justin to ask the barrister about the following sentence in the BOI Press Release.

"These customers received a specific administrative letter linked to their transactions that might have caused some customers to believe the differential was for the term of their mortgage."

My thinking is that ALL borrowers, so far as I know, receive an annual mortgage statement and a covering letter which makes reference to the tracker rate and no mention of the ability to alter the differential. From a laymans perspective I can't see the difference between that and what's been said in the BOI Press Release above.

ian

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11:37 AM, 21st May 2013, About 11 years ago

1000 flexible customers which enables customers to over pay & borrow more recieved a letter from BoI before the rate hike was announced.

200 customers whose mortgage began before July 1995 then switched to BoI base rate tracker between 2001-2004.

Justin Selig - solicitor

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11:42 AM, 21st May 2013, About 11 years ago

In response to the press release issued by the Bank of Ireland this morning, we are going to assess who of those people we are acting for will be affected by this move – I suspect only a small minority. However it is indicative of the fact that the bank may not have fully considered its position before imposing the rates increases. I suspect that the bank is also coming under increasing pressure from not only all the press coverage but also from the FOS as we have encouraged everyone to make a complaint to them using our template complaint form and covering letter.

We are sending our own submission to the OFT, the FCA and the FOS today.

In the meantime, it would very helpful if anyone who has received this Administrative Letter referred to by BOI to please send me a copy.

DougalBid

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12:49 PM, 21st May 2013, About 11 years ago

Hi Justin - I sent all the documentation and the cheque to you some while back but I haven't heard anything back so I haven't received a copy of your template FOS complaint form and letter yet.

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13:58 PM, 21st May 2013, About 11 years ago

I was sold a Flexible mortgage but do not appear to be one of the 1000 who BOI contacted today.

As far as I am concerned I was mis-sold the mortgage. I was never told about the differential rate and no correspondence, until the T & C booklet that came with the contracts, mentioned it. In fact the first ever letter I received from the B & W with regards to my application clearly stated "for the lifetime of the loan"!!

Tricia Collick

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14:36 PM, 21st May 2013, About 11 years ago

Just received the rejection of my complaint posted just in the 8 weeks.
They found the copies from 2004 when I ported my 2001 mortgage and are relying on 2001 residential conditions but when I signed in 2001 it was for a buy to let mortgage. The copies they sent are so bad they are unreadable as they have been scanned.
The solicitor I used is now no longer in business.

I will still complete my FOS forms as I still feel this was misleading and not relevant to the original mortgage which was buy to let.
I still have a copy of the original web advert from Br&West which stated fixed rate of x then BOE plus 1.75% for the term.
I will make a case to the FOS that Br&West were not clear with the differential clause (which was in the residential terms and therefore I was not clear that it referred to buy to let), I can still find no records in my files to prove to me that the terms were included in the original document I signed in 2001, they told me in 2004 that the rates would be the same when I ported, they could easily have copied other pages from other terms in their response as the signature was on a different page to the clause they are relying on.

It may get me no-where but I am still pleased I joined the actions property 118 are taking as it seems to be putting pressure on them with all the adverse attention....even if only 10 % are saved from this unfair rise it will make other lenders think twice, I have other mortgages with life terms and I am concerned they will try the same thing.

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