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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Richard Kent

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10:10 AM, 3rd March 2013, About 12 years ago

Hi Lee,
Your letter looks good but other members might want to revise it.

Remember the FSA did not oversee Regulated Mortgage Contracts before October 2004.

You must complain to the BOI first and wait for their reply.

To confirm this please to go the FOS website and download their online form and you will see it clearly states on the form that you must enclose the most recent letter from the complaint with the FOS form.

When the BOI reply to you they will put in their reply words to the effect of "If you are dissatisfied with this reply you can take it to the FOS within 6 months of the date of this letter"

I hope this helps?

Darrell G

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10:14 AM, 3rd March 2013, About 12 years ago

Lee,
Your letter sounds perfect. Very similar to the way i was going. My only addition would be the fact the bank fully knew of their future devious intentions without giving me/us the customer, a full, clear, transparent view when they offered the cash incentives a year ago to move our mortgages (See my earlier post 1/3/13) To be able to make a clear informed decision on the way forward. Also, I've phoned the Ombudsman & you have to complain to the bank in the first instance who have to deal with it within 8 weeks, apparently they cannot increase payments whilst in dispute, but I'm not 100% on this, maybe someone could clarify? Once you get a reply, which is likely to tell you 'where to go'! then go to the ombudsman.

Everyone. Next Week.....

1, Letters of complaint & disgust to BoI
2, Wait for reply
3, Ombudsman
4, Cancel you DD's & set up standing orders for the original amounts you deem correct whilst in dispute. Maybe another letter to BoI after you've written to the Ombudsman to clarify you intentions. At least we will all do it the right way! lol

I think this is the best way forward. All comments welcome.

Richard Kent

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10:18 AM, 3rd March 2013, About 12 years ago

P.S

There is no need to write to the BOI.

IMPORTANT: You can call and sate that you wish to make a complaint to the FOS but you wish to give them (BOI) a chance to resolve the matter first.

Its that reply letter from the BOI that is crucial to your complaint to the FOS.

The BOI will ABSOLUTELY AND BLATANTLY tell you that you are wasting your time and that the FOS will do nothing.

IGNORE their tactics and just make your complaint to the FOS when you have the BOI reply letter.

Richard Kent

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10:21 AM, 3rd March 2013, About 12 years ago

Hi Lee,
Darrell G knows what to do in his email above.

He thankfully posted his comments.

I hope any input helps.

Mark Alexander - Founder of Property118

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10:23 AM, 3rd March 2013, About 12 years ago

Hi Lee

The bank of Ireland have up to eight weeks to respond to your complaint. Any complaint to the FOS prior to receiving a final response from the Bank of Ireland will be immediately rejected.

I have invited a couple of leading law firms to draft a complaint letter template to the FOS dealing with this complaint and post that letter here. I think it is incredibly important that the basis of complaint is professionally constructed and questions all of the detail in the law which could result in proving that the BOI's decision is either illegal or an unfair and hence unenforceable contract term.

I'm pretty sure the intense media coverage of this over the last few days will certainly have the BOI on the back foot, if not running to their lawyers so best we do the same and are fully armed before going into battle. One poster said this is a David and Goliath battle. I only accept that if only one landlord fights back. However, if we stand united BOI will have a formidable enemy to take on. Just suppose 2,000 landlords were to chip in just £500 to fight this as a class action. That's a million pounds from the offset!

Please hold your fire for now in terms of the FOS and focus on the BOI and recruiting more support.

Regards

Mark

Richard Kent

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10:32 AM, 3rd March 2013, About 12 years ago

Hi Mark,
Thanks for your comments and so I feel I no longer have to contribute.

I was hoping someone with legal connections would come in at this stage to help these people and yet I expected this may not happen for all the wrong reasons.

I hope you guys get it resolved.

Darrell G

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10:34 AM, 3rd March 2013, About 12 years ago

Not a route I'm looking at for the moment but, did anyone's solicitor point out & explain what a 'Tracker Differential' actually was in the first instance? Mine didn't on all 8 mortgages.

Mark Alexander - Founder of Property118

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10:40 AM, 3rd March 2013, About 12 years ago

@DarrelG - I wasn't aware that a lender had the right to change a tracker margin until Thursday of last week and I've been in the business since 1989 and my firm, which I retired from in 2009, arranged over 50,000 buy to let mortgages. The ability for a lender to vary tracker margins was never mentioned by any bank, building society or solicitor in all that time.

Richard Kent

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10:59 AM, 3rd March 2013, About 12 years ago

Mark,

Please note that Manchester Building Society tried the same course of action last year.

I question whether they had to retract their actions and wonder what experiences their customers had?

Darrell G

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11:01 AM, 3rd March 2013, About 12 years ago

Thanks Mark.

Good to know I'm not alone then! By the way, front page of the Sunday Telegraph in the Money section today has picked up on this too now.

If anyones interested if this action by BoI is upheld, Im loosing over £1700 net per month for the rest of my life. Bang goes retirement & pension if it does!

Fingers crossed we all can get this sorted out & for all our efforts we're only going to end up with what we originally had....hopefully.

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