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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15:44 PM, 24th September 2013, About 11 years ago

Reply to the comment left by "Maurice Caustick" at "24/09/2013 - 15:13":

Hi Maurice

£100,000 was an initial guestimate. Justin is now in the process of pricing uplegal fees re-insurance and talking to barristers so will will have a much better idea on cost in a few weeks time. In the meantime we have started a new campaign to attract support from ALL borrowers with tracker rate mortgages, whether they are directly affected right now or now. Please see the linked article below.
.

ian

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18:12 PM, 24th September 2013, About 11 years ago

If you can get people to invest & if they win the court case then they get a percentage of what we get back from our monthly overpayments the longer the case goes on the bigger the dividend for the investors, Getting everyone to agree would be the problem.

Mark Alexander - Founder of Property118

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18:28 PM, 24th September 2013, About 11 years ago

Reply to the comment left by "ian " at "24/09/2013 - 18:12":

Even if such an arrangement was agreed, can you imagine enforcing it? The phrase "herding cats" spring to mind. Keep thinking though.

Terry Donohue

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19:27 PM, 24th September 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "24/09/2013 - 18:28":

Dear Mark,
We are in a legal fight with BOI. Most people would agree that the only financial winners in a legal fight are the lawyers.
Our position is we need funding for a test case.
If we win, the ‘No win No fee’ companies will circle for easy pickings.
So, here’s an idea,
When Justin has obtained the barristers opinion AND if favourable to us, why don’t we invite one or two of the bigger No win No fee companies to fund the test case.
What do they get?
How about you get enough members to sign a legal document guaranteeing that the signed members MUST use the one of the No win No fee companies who also sign the document.
These No win No fee companies can see our legal argument, assess the risk and then reap the rewards from hundreds of affected members. Obviously the No win No fee companies can decide the numbers of members required.
Imagine if one of these companies could have signed up say 50% of all the PPI claims?
An added bonus would be BOI feeling very uncomfortable at the thought of the No win No fee companies knocking at their door.

Mark Alexander - Founder of Property118

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21:11 PM, 24th September 2013, About 11 years ago

Reply to the comment left by "Terry Donohue" at "24/09/2013 - 19:27":

Hi Terry

We already have a very favourable counsels opinion from one of the UK's leading barristers specialising in UK banking law.

Subject to winning the test case our existing advisers are likely to be able to offer "no win no fee" terms. The Law Department have committed untold energy to this cause, for example Justin called me at 1am this morning to discuss the case, so it's only fair to support them. Others will no doubt jump on the bandwagon but The Law Department will be the ones to be with on the basis that they've been part of this from day one.

I do like your thinking but I can't see how it would be workable without alienating our existing advisers who are not in a position to fund the test case.

We really do need to raise the money from the PRS.
.

Terry Donohue

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21:18 PM, 24th September 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "24/09/2013 - 21:11":

Agree, Justin should be the one to take the test case to court. BUT the funding could come from the No win No fee companies who could recoup their funding as previously explained.

Mark Alexander - Founder of Property118

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21:25 PM, 24th September 2013, About 11 years ago

Reply to the comment left by "Terry Donohue" at "24/09/2013 - 21:18":

Hi Terry

Yes I do understand your point, however, what landlord is going to back this campaign and then instruct a different lawyer if Justin wins the test case and is then able to take on other cases on a no win no fee basis himself?
.

michael murphy

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0:09 AM, 25th September 2013, About 11 years ago

Hi Mark
Every year I send my accounts HMRC for profit and loss assessment, on all my properties, can I claim for any costs I incure ie; £150.00 PLUS £30.00 VAT=£180 Less say 25% =£45.00 off my tax bill, so keeping our cost down. in real terms to £85.00
Regards
Murf

Mark Alexander - Founder of Property118

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7:31 AM, 25th September 2013, About 11 years ago

Reply to the comment left by "michael murphy" at "25/09/2013 - 00:09":

Hi Michael

Yes, you can claim legal fees as expenses and offset the costs against your rental profits. Good point, some may not realise this 🙂

michael murphy

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8:17 AM, 25th September 2013, About 11 years ago

Mark
Sorry got my sums wrong, should read £180.00 less 25% =£45.00 =£135.00. it was 00.09 in the morning
Regards
Murf

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