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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12:53 PM, 3rd July 2013, About 11 years ago

Hi Patricia

Just to clarify, "The Law Department" is the name of a Law Society registered solicitors practice owned and run by Justin Selig. They are completely independent of Property118, save for the fact that we recommend them and invited them to run this Class Action.

Tricia Collick

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12:58 PM, 3rd July 2013, About 11 years ago

Sorry Mark, I realise they are independant, they are the ones who have copies, slip of the fingers !
I hope we are successful, thanks for all your work getting us strarted !

Mark Alexander - Founder of Property118

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13:11 PM, 3rd July 2013, About 11 years ago

No problem Patricia, I felt compelled to comment as I didn't want people researching us, realising we are not solicitors and coming to the wrong conclusions about parting with their money to support the Class Action.

Justin Selig - solicitor

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13:15 PM, 4th July 2013, About 11 years ago

Legal Action Update:

We have heard back from the Financial Conduct Authority who tells us that the Bank of Ireland is currently reviewing the matters raised in our complaint. The FCA therefore hopes to respond to our complaint by the end of the month.

I will update the forum again, once I have heard anything further.

Mark Alexander - Founder of Property118

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13:41 PM, 4th July 2013, About 11 years ago

Justin, this sounds VERY promising.

Rhetorical question - (no need for you to answer this Justin) but just suppose the BOI reverse their decision ONLY for members of the Class Action subject to a gagging order?

Some might say that would serve all those freeloaders right who have been sitting on the sidelines leaving others to pay for professional advice which they could benefit from.

The BOI may of course just retract their decision for all affected borrowers but it just doesn't seem right to me that all affected borrowers should benefit from the few who have supported the Class Action campaign. It also doesn't seem right to me that you have so many unbilled hours due to lack of funds in the Class Action kitty.

I know you are far more philosophical about this Justin on the basis that your firm has received fantastic PR out of this and that's very admirable. It just doesn't sit right with me though. Therefore, I would urge all those who are sitting on the fence to do the right thing and pay up. They could be protecting their position too of course!

Darrell G

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19:19 PM, 4th July 2013, About 11 years ago

Mark,

Totally agree with your last post, which is why i originally suggested a private forum with 'Gary, the get off' lol. If everyone stuck the poultry few quid in sooner rather than later we, (The Class Action Bods) would have a serious amount of financial power to attack BoI further.

For the small amount I've already contributed, I'm more that happy with the information I've received from Justin & his company. I really wouldn't have fancied filling in that FOS complaint form myself.

Keep it going, Cheers

ian

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21:20 PM, 4th July 2013, About 11 years ago

Perhaps its not a bad idea to go private after all if Justin emailed signed up members updates instead of posting them on here, and keep the freeloaders in the dark.

Mark Alexander - Founder of Property118

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21:28 PM, 4th July 2013, About 11 years ago

It's a double sided sword Ian. If we lose readers we lose sponsors and that could see the loss of Property118. We are totally reliant on donations and sponsors unless we start selling advertising space and who would want that? We need more support for The GOOD Landlords Campaign. If you can help in any way it will be much appreciated.

John Smith

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22:38 PM, 4th July 2013, About 11 years ago

As far as I know BOI have not yet provided any evidence to support a need to increase capital. It seems that Minister for Finance Mr Noonan believes there is no such evidence. He believes the bank are well capitalised, which is consistent with what BOI have said in their own accounts!

http://www.irishtimes.com/business/sectors/financial-services/ecb-to-directly-regulate-aib-and-bank-of-ireland-1.1451786

Dave Riches

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9:29 AM, 5th July 2013, About 11 years ago

I am just porting the legal pack over to Justin - waiting on my previous solicitors to get their a**es into gear.....The paltry few quid for Justin's expertise is a drop in the ocean compared to the increased interest being paid to BoI. Incidentally they are charging me the increased rate now and I understood that if there was a complaint from me the FOS instruct them to not charge the increased rate until the matter is resolved - is this correct to anyone's knowledge?

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