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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19:32 PM, 17th June 2013, About 12 years ago

Hi Dave

It is not too late 🙂

Baggers

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17:03 PM, 24th June 2013, About 12 years ago

Did we ever see the FSA's second response to Andrew Tyrie of the Treasury Committee?

Mark Alexander - Founder of Property118

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17:16 PM, 24th June 2013, About 12 years ago

@Baggers, I have several Google alerts set up and I've seen nothing!

Justin Selig - solicitor

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13:01 PM, 25th June 2013, About 12 years ago

Legal Action Update:

As you may be aware, we have submitted a detailed case to the Office of Fair Trading, the Financial Conduct Authority and the Financial Ombudsman Service just over a month ago.

We hoped that one of these government bodies would review our submission and decide that this is a matter worth investigating further.

We requested that the OFT consider the complaint on the grounds that under the Unfair Terms in Consumer Contracts Regulations 1999 ("the Regulations") the OFT has a duty to consider any complaint made to it. The OFT shares its enforcement powers under the Regulations with the FCA.

The OFT has discussed our complaint with the FCA and it has been agreed that the FCA as sector regulator is best placed to consider and respond to our complaint, including whether action under the Regulations is warranted.

We will therefore be hearing from the FCA and not the OFT. I have been in touch with the FCA and they indicated to me that we should expect a response in the next couple of weeks.

I will update the forum once I have any further news.

ian

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10:01 AM, 28th June 2013, About 12 years ago

Justin
Is it now just FCA involved or are the FOS still looking into it ?

Justin Selig - solicitor

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10:38 AM, 28th June 2013, About 12 years ago

Ian - yes, the FOS are still looking into it as well - we sent them one test case which was representative of the majority of people affected.

Lee Gough

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15:53 PM, 1st July 2013, About 12 years ago

My latest reply from FOS.

'Dear Mr Gough
Your complaint about The Governor and Company of the Bank of Ireland
I'm writing to let you know that we are actively considering the issues you've raised - and
I'm aware we haven't updated you for a few weeks.
We have recently received a number of complaints about Bank of Ireland interest rates -
and we need to make sure our approach is fair and consistent. Once we have established
how best to take these complaints forward, we will get in touch again with a more specific
update on your complaint - as well as a named point of contact.
..
We are doing everything we can to make progress as quickly as possible - but I'm sorry for
the delay in the meantime.
Yours sincerely
Rachel Bell
head of casework for mortgages'

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11:48 AM, 3rd July 2013, About 12 years ago

Jack,

I have a residential mortgage with BOI, are these too being reviewed by the FOS and FCA? Or will that form part of a separate action? Should we be writing to BOI or the FOS or awaiting an outcome from this review?

Am I right in thinking that the FCA gave BOI the green light initially? If so surely they are more likely to stick with their original approval for BOI to save themselves embarrassment?

Mark Alexander - Founder of Property118

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12:14 PM, 3rd July 2013, About 12 years ago

@Lawrence - the Class action involves both residential home owner customers and buy to let landlords. I suggest that if you have not already signed up you do so quickly. It is not too late.

Tricia Collick

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12:42 PM, 3rd July 2013, About 12 years ago

My complaint went in officially today to the FOS after BofI rejected the complaint.
I sent the info about the original buy to let mortgage, the illustration and web advert showing base + 1.75% for the term, and the B&West letter confirming rates would 'stay the same' after porting. Property118 legal department already has copies.
It may take a while for the response....

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