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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Lucy McKenna

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10:18 AM, 27th September 2013, About 11 years ago

Reply to the comment left by " " at "27/09/2013 - 09:40":

I am having concerns, is the £100,000 fighting fund enough? One assumes with so much at stake the BOI will have the very best legal representation. Would Justin have enough money in the kitty to hire the best barrister in this field, to help him represent us in court? My understanding is that barristers are a necessity in court (and are very expensive) , that going to court with a solicitor is not an option. I would be happy to be corrected if this is not the case. The stakes are very high for so many, a failure to win this case would also be used by BOI in all claims one assumes., so the stakes are high and a court case needs to have the best chance. This is my concern about the small claims court cases, would losses here have an effect on a high court case or doesn't it work like that

Mark Alexander - Founder of Property118

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10:58 AM, 27th September 2013, About 11 years ago

Reply to the comment left by " " at "27/09/2013 - 09:40":

Geoff, yes please
.

Mark Alexander - Founder of Property118

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10:59 AM, 27th September 2013, About 11 years ago

Reply to the comment left by " " at "27/09/2013 - 09:40":

Geoff, yes please re-register
.

Mark Alexander - Founder of Property118

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11:06 AM, 27th September 2013, About 11 years ago

Reply to the comment left by "Lucy McKenna" at "27/09/2013 - 10:18":

Hi Lucy

Any wins or losses in Small Claims Courts would be over-ruled by High Court rulings but are unlikely to affect any High Court decisions.

The article linked below should answer most of your other questions,
.

Mark Alexander - Founder of Property118

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11:15 AM, 27th September 2013, About 11 years ago

Reply to the comment left by "David Ellis" at "27/09/2013 - 09:31":

Hi David

Several people have written to their MP's, it's a great idea. Andrew Tyrie MP has been lobbying the FCA as he sees this as being wrong too. The more pressure we can put on our MP's the better.

The thread linked below should answer most of your other questions.
.

Geoff H

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11:24 AM, 27th September 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "27/09/2013 - 10:59":

Hi Mark. I tried to re-register but my email and phone details apparently need to be unique - but the system already has them so won't allow me to complete the registration. Can you help please. Thanks, Geoff.

Mark Alexander - Founder of Property118

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11:27 AM, 27th September 2013, About 11 years ago

Reply to the comment left by " " at "27/09/2013 - 11:24":

Hi Geoff

I have double checked and the system is working the way it should. My mistake, you do not need to re-register. Sorry.
.

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11:46 AM, 27th September 2013, About 11 years ago

Reply to the comment left by "David Ellis" at "27/09/2013 - 09:31":

I think a lot of people forget that interest rates do rise and that the current bank rate of 0.5% will rise maybe before 3 years that the BOE stated, and that it could return to around 5% which is not high. It is a stark reminder to a lot of people that not budgeting or having plans in place for when interest rates do and they will, what are they going to do? These lenders who are raising them at the moment due to no change in the BOE base rate are wrong and immoral.

ian

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20:54 PM, 27th September 2013, About 11 years ago

These banks are not using small print against us as such, they are relying on human nature as only a 100 backed BoI in a Class Action, they now know that its highly unlikely we will fund a court case, so they will probably all follow suit.

Gary Dillon

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15:20 PM, 29th September 2013, About 11 years ago

Reply to the comment left by "ian " at "27/09/2013 - 20:54":

Guys

Why does everyone think 100k will suffice? What if the case is appealed to the Court of Appeal and then the House of Lords? Surely this will all cost more than 100k?

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