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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10:44 AM, 16th October 2013, About 11 years ago

Superb article and some great News in The Telegraph today with several mentions for Property118. The reporter, Nicole Blackmore, is proving to be a superb advocate - see >>> http://www.telegraph.co.uk/finance/personalfinance/borrowing/mortgages/10381130/Watchdog-to-probe-tracker-mortgage-rate-rises.html

Fed Up Landlord

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14:21 PM, 16th October 2013, About 11 years ago

Theresa I get the impression that thanks to Marks efforts and those of a lot of others including Justin, a "head of steam" is starting to build on this issue. When one lender BOI did it- it was seen as a one off. FCA could not be bothered and put it in the "too difficult to deal with tray" Then the West Brom did it. Then the FCA is going to "consult with lenders". The FCA knows the worse it gets the more their nonchalant approach smacks of the failure to regulate issues of the FSA which contributed to the lending crisis. So it does something - not a lot but just enough to say it is. The FOS are waiting on the sidelines to see what happens and to try and take their lead from the FCA. But large organisations like this like to make decisions made with the best possible information. So they wait. And wait. And wait. Until either they are forced to do something or the whole thing blows over. The more political pressure that builds the more something is likely to be done by the "regulators" This issue is a gift to the government trying to "make the cost of living more bearable for hard working families" as George Osbourne says. Kick the FCA up the proverbial to get their fingers out, rule against the mortgage pirates and win some votes into the bargain. Or am I being cynical?

Mark Alexander - Founder of Property118

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14:46 PM, 16th October 2013, About 11 years ago

Just found this on the FCA page on Wikipedia 🙂

"The FCA has been rebuked by the Treasury Select Committee for lack of concern over the increase in mortgage interest rates of the Bank of Ireland's UK subsidiary.[15][16]"

See > http://en.wikipedia.org/wiki/Financial_Conduct_Authority and scroll down to the section under Public Criticism. The FCA will not like that at all, perhaps it's what has influenced them to take a closer look?
.

Justin Selig - solicitor

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18:17 PM, 16th October 2013, About 11 years ago

I have just sent the following letter to Andrew Tyrie MP, Chairman of the Treasury Select Committee.

Please do not use this as a template email.

Dear Mr Tyrie

I am a solicitor instructed by over 200 borrowers who have been affected by the Bank of Ireland and West Bromwich Building Society’s decisions to increase the margin they charge on their tracker mortgage.

I am aware that you know a certain amount about the Bank of Ireland issue, but you may not be aware that we presented the FCA with a very credible claim on behalf of our clients but we unfortunately received a knockback from them who have simply taken the Bank of Ireland’s response to our claim and not sought their own independent legal advice on the issues.

Since we published the FCA’s decision not to take action against the Bank of Ireland, we learned that West Bromwich Building Society have followed suit. You will be aware that the FCA made an assurance to you earlier this year that the Bank of Ireland’s case is an isolated issue and would not be repeated by other lenders. This is obviously not the case. We are worried that other lenders may also impose similar increases which would have a huge impact on people’s finances.

I understand that the FCA has today announced that it will be investigating the West Bromwich rate rise, but it would be helpful if you would urge the FCA to obtain its own legal advice on the situation and not rely on the bank’s legal advice as they did in the Bank of Ireland’s case. I do not believe that their actions in the Bank of Ireland case are the actions of an independent regulator. Indeed it would be helpful if you could ask the FCA what independent legal advice it took itself on the Bank of Ireland situation.

I am attaching a copy of a letter I have sent today to West Bromwich which highlights the issues we have with their actions.

If you think it would be useful for me to come and meet you to discuss the cases, I would be more than happy to do so.

Yours sincerely

Justin Selig
The Law Department
7A Wellington Road
London NW10 5LJ

Fed Up Landlord

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18:25 PM, 16th October 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "16/10/2013 - 14:46":

Mark reading the article it is dated March 2013. But Mr Wheatley is also mentioned in some other controversial issues as well. Perhaps he is feeling the heat a bit. Pity we cannot get 100,000 supporters to get this debated in Parliament on the .gov site.

Mark Alexander - Founder of Property118

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18:29 PM, 16th October 2013, About 11 years ago

Reply to the comment left by "Gary Nock" at "16/10/2013 - 18:25":

Mr Tyrie will definitely be feeling the heat Gary as several more MP's have referred letters referred from borrowers affected by the WBBS to him, along with their concerns and support 🙂

Is it just you and I following this thread these days?
.

Fed Up Landlord

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18:37 PM, 16th October 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "16/10/2013 - 18:29":

Well I am on hols in Majorca so have some time on my hands! But we could do with some more contributors!

Tricia Collick

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22:08 PM, 16th October 2013, About 11 years ago

Reply to the comment left by "Tricia Collick" at "15/10/2013 - 13:53":

Just had the same 'update' from FOS , exactly the same words, so I don't need to send a chasing letter this weekend.
I hope that it's not too much to hope that the campaign is gaining 'notice' as it seems it is an issue being talked about.
Mark,
I am happy to increase my contributions a little if £240 each is what is needed to keep the ball rolling, it will be less than a months increase !!

Lucy McKenna

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22:26 PM, 16th October 2013, About 11 years ago

In June 2013 the Financial Conduct Authority was subject to criticism from Parliamentary Commission for Banking Standards..........
I have just watched the Panorama programme (on iplayer) re the swap scandal which affected small businesses, it is worth watching as it shows the FCA etc in a very bad light and I think does our cause no harm, I can see similarities

Kevin Jeffery

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22:46 PM, 16th October 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "16/10/2013 - 18:29":

Nope, we watch but do not comment 😉

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