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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ian

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20:17 PM, 8th November 2013, About 11 years ago

Reply to the comment left by "Puzzler " at "08/11/2013 - 17:25":

Puzzler
Fair comment why may I ask you have left it this long. or are you Gavins wife?

Lucy McKenna

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22:17 PM, 8th November 2013, About 11 years ago

Reply to the comment left by "Puzzler " at "08/11/2013 - 17:25":

Dear Puzzler, I am happy to stand corrected but isn't it the differential that has been raised , which has the effect of us paying more (almost double!!!)at the moment. If this is so I don't see " that any action will be overtaken by events when rates go up" as you suggest. My worry is that they could just keep putting the differential up, (but I wonder if I have got this wrong, as I have never seen this mentioned, ) and the bank rates will go up too. A differential rise and a bank rate rise that really would give people problems.

Fed Up Landlord

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11:19 AM, 9th November 2013, About 11 years ago

Well Ian - Puzzler has certainly puzzled me. These comments were posted in March and being as I am mentioned by name I have gone through them to see if I was impolite to Gavin's contribution. Well if I was I cannot find it. So Puzzler before you start "naming and shaming" people get your facts right.

Secondly I have no problem with forum members giving me a "reality check" as it helps to keep us all grounded. What I do object to is petty spats( Yes I know I have had a go above) when the objective is constructive discussion. But like all individuals I will respond if I am unjustifiably attacked. And Mark is the moderator - not the peacekeeper/censor/nursemaid etc. He is far to busy to get involved.

Now with all the minutiae out of the way and in an attempt to move the discussion forward as an affected BOI borrower, I was very interested in a couple of contributions over the last couple of weeks. One was about using the direct debit guarantee to get your money back, and the other was going to County Court- both of which end up with the same result if successful. This is of course prior to any class action.

Mark - Do we have any legal updates or advice on this please?

Colin Childs

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17:12 PM, 9th November 2013, About 11 years ago

Reply to the comment left by "LucyM " at "08/11/2013 - 22:17":

If the differential were to increase in the future. Then surely the answer would be to switch lenders. So is a subjective point that one can only consider at a later date.

There's no benefit to lenders in creating distress in the property market. As this would merely compound their own internal issues. As has been the case since 2008. Banks in general have been reducing the size of their balance sheets in an orderly manner.

Fed Up Landlord

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17:54 PM, 9th November 2013, About 11 years ago

Reply to the comment left by "Colin Childs" at "09/11/2013 - 17:12":

The issue with switching lenders Colin is - it is only available to those with enough equity and/or long enough leases ( on leasehold property) to enable borrowers to do so. If the LTV on a property is above 85% then you will not be able to switch. Many borrowers took out 85% BTL mortgages, which were common just as the prices had hit their peak in 2006/7.Many are now on effectively a 100% mortgage as the value has dropped ( or the surveyor overvalued - read the stuff on Inside Track) Likewise if a lease is only 60-70 years - then you cannot switch. One of the reasons that the Unfair Contracts path is being sought is that a contract can be deemed unfair if the borrower is unable to move the loan. Many BOI ( and I guess WBBS) borrowers are in this position. So switching borrowers is not wholly straightforward.

Colin Childs

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22:49 PM, 11th November 2013, About 11 years ago

Reply to the comment left by "Gary Nock" at "09/11/2013 - 17:54":

The inability to remortgage is a matter for each individual borrower. As in this regard they have to take responsibility for their own business and their own decisions. . One would question what has happened to the profit that they've made in the the intervening period.
As an aside was reading today that out out of 150,000 BTL mortgages in Eire, some 40,000 are in arrears.In total Irish banks are exposed £35 billion of mortgage debt with some £4 billion of arrears, £2 billion of which is over 2 years. Explains why BOI is unable to support the UK operation with capital funding.

Fed Up Landlord

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10:46 AM, 12th November 2013, About 11 years ago

The issue with switching lenders is not a decision for each individual borrower if they do not have that decision to make due to the factors previously stated (too little equity, short leases etc) If a lender unexpectedly decides to move the goalposts at a time that suits them, then the borrower cannot plan for such eventualities. This is why the Unfair Contracts legislation makes clauses in consumer contracts that prevent a consumer moving their business unfair. They can plan for interest rate rises based on the global and local picture, but they cannot plan for such unforeseen eventualities such as interest rate rises when interest rates as a whole are not moving or are in fact reducing as seen recently in the Eurozone.

Profits that landlords have made in the intervening period should have been used to build up their cash reserves and liquidity in preparation for such rises, rather than consumer spending. Paying down a loan is only a good idea if you can easily get the money out again if needed. And remember that being a landlord does not mean that the rent is all profit. When you take out letting fees, insurances, gas certificates, repairs, voids, and bad tenants who do not pay, then the net yield is somewhere around 5-6% on capital employed. And then there is tax at the prevailing rate.

And in relation to funding etc the question about profits in the intervening period also refers to the banks. What have they done with the profits they were making in the "boom years"? Should they not have prepared for both increases and decreases in the interest rate, and peaks and troughs in the property market rather than paying big bonuses? And should they expect the UK consumer to pay for their mistakes?

Paul Brindley

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14:08 PM, 13th November 2013, About 11 years ago

Reply to the comment left by "Colin Childs" at "11/11/2013 - 22:49":

Colin, you really need to delve a lot deeper than you are. Headline figures mean nothing. If you spend some time looking at the detail of exactly what is happening in, and being reported by, the Bank of Ireland you'd make some proper informed groundbreaking opinions on things that real;ly will, change the game. I know, I've done the work - you'd be surprised at what you'll find. I implore you, don't keep shooting from the hip - there's far too much of that being done on this forum - get into the detail. Sorry if you think I'm singling you out, I don't intend to, but you do seem to generalise too much and in doing so go down blind alleys.

Puzzler

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17:29 PM, 13th November 2013, About 11 years ago

Gary, Apologies if I picked on you unfairly and belatedly, you called another poster "naive" - my main rant was against "andy blatchford" whose name was for some reason removed from my post but you can see the date and time. I just don't think calling people names or telling them not to continue posting because they presenting an alternative view is very professional or courteous.

Puzzler

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17:33 PM, 13th November 2013, About 11 years ago

Reply to the comment left by "ian " at "08/11/2013 - 20:17":

I just came across this thread again and was reading back to the original posts. LOL I do not know Gavin at all, just thought he was getting a lot of unfair flak as his points are quite valid..

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