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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Mark Alexander - Founder of Property118

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10:54 AM, 22nd May 2013, About 12 years ago

Hi Christine

I am delighted for you and I think you ought to make your feelings known to the FOS by writing a letter of complaint to them.

Have you received any correspondence from Bank of Ireland with regards to the reversal of their decision yet? If so, or as soon as you do, would you mind sending a scanned copy by email to myself and Justin Selig please?

Our emails addresses are:-

mark@property118.com and justin@lawdepartment.co.uk

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10:55 AM, 22nd May 2013, About 12 years ago

@christine

How much use have you made with the Flexible part of the product? i.e. making overpayments and then subsequent draw downs?

I have a Flexible product, and have only made draw downs when branded B&W, and not since. When I called they still said they will still be applying the increase to my product.

ian

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11:33 AM, 22nd May 2013, About 12 years ago

I cannot understand why by actively useing a flexible account makes any differance to the T&C in them as they must of had (6m) clause, Does having a repayment mortgage class as overpayment? Ive had further advances if id also overpayed does that mean id of got off ? getting very confuseing

Justin Selig - solicitor

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13:48 PM, 22nd May 2013, About 12 years ago

In response to Christine's earlier post, I am delighted that the BOI has reversed its decision in your case. It would be a huge help to me if you could contact me directly as I would like to see the letter and also your mortgage documentation, so I can see how they differ (if at all) from the documentation we currently hold. My email address is justin@lawdepartment.co.uk

If anyone else has had the benefit of this reversal, please would you contact me.
Thanks
Justin

David Lawrenson

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14:26 PM, 22nd May 2013, About 12 years ago

Our work with lenders indicates that the initial BOI move (to raise interest rates by citing a rather hard to find clause in the Ts and Cs) has been viewed rather negatively within the mortgage industry itself.

Indeed it seems much of the rest of the odd stuff from lenders - the restrictions preventing lets to housing benefit tenants, against loans in areas with selective landlord licensing, the max tenancy term lengths of 12 months - may also be coming under review.

Whether this change of attitude is due to government pressure or just the fear of bad PR is hard to gauge. Both are probably relevant.

Given that this is the case, this makes me more hopeful for a successful outcome to your campaign.

David Lawrenson
LettingFocus

Mark Alexander - Founder of Property118

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14:40 PM, 22nd May 2013, About 12 years ago

I am now convinced beyond any shadow of doubt that we can and will win this argument with BOI. It's just a matter of time and the more people who join the Class action, the quicker that time period will be as there will be more funds in the pot to fight the battles required to win the war.

It is now important that everybody following this thread spreads that message as far and wide as possible.

We need ALL Landlord Associations to notify their members of the Class Action so if you are a member of a Landlords Association please put some pressure on them and ask them to refer to the new post which I created yesterday as that's the easiest to read and also the most current >>> http://www.property118.com/?p=39733

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15:17 PM, 22nd May 2013, About 12 years ago

Just received a letter from BOI stating words to the effect that a 'standard letter' sent out to Flexible Mortgage Account customers, that used words which suggested that the differential was fixed on the account in question, may have led those customers to rely on that view. Consequently, BOI has backed down on the differential increase to those customers. Hope that this is good news to many of the affected customers.

Mark Alexander - Founder of Property118

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15:52 PM, 22nd May 2013, About 12 years ago

@Wolfgang Souter - please email a copy of the letter you have received to mark@property118.com and also to justin@lawdepartment.co.uk as it may help us with our case against BOI for the majority of borrowers which remain affected.

It is, indeed good news for the 1,200 people who will receive the letter and it's also an encouraging sign to the remaining 12,300 who are, as yet, still stuck with the increased differential.

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15:53 PM, 22nd May 2013, About 12 years ago

I've received one of those letters too! Even though I called the bank yesterday and they said I wasn't eligible!!!

I'm just getting a scan emailed and will send onto Justin!

Mark Alexander - Founder of Property118

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16:01 PM, 22nd May 2013, About 12 years ago

email it to me too please Gary 🙂

PS - Nice one! I bet that's a massive weight off your mind hey? Hopefully you will continue to be such a great supporter of this forum 🙂

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