Bank of Ireland increase differential on tracker rates
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.
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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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Member Since November 2013 - Comments: 85
4:52 AM, 14th March 2015, About 11 years ago
Mark, are you sitting comfortably, then we’ll begin?…
Once upon a time, far, far away, there was a little village, inhabited by small, hardworking people. They were a happy people, well almost, at least they weren’t really so very unhappy that they’d take to the streets complaining. Sure, they’d come together in the local hostelry and moan and groan about how unfair life was sometimes to them, but overall things weren’t too bad, so they simply got on with life.
You see, what niggled them was every month, the big lord of the neighbouring manor would come into their homes at night while they were asleep and take a few hundred silver shillings. He’d take every month just enough to niggle them, to make life not as comfortable as it would otherwise be, enough to hurt but not enough to cause them to stay awake at night, waiting for him to come, not enough to cause them to band together to storm around to the manor in their hundreds to put it to a stop. And this went on for years, and years, and all they did was moan in the pub and talk to a few other people who frankly couldn’t care less because they weren’t effected and while this went on we’re reaping some benefit. And it went on and on…
And that’s the story of the people who lived in the little village of Doormat, a place far far away, long ling ago whose people wouldn’t stand up properly for themselves, so lived to pay the price over and over again, in a long series of drips that eventually cost them very dear, in both money and pride.
Remind you of anywhere, and I don’t mean Monty Python?
Member Since September 2013 - Comments: 178
10:21 AM, 14th March 2015, About 11 years ago
I’m not affected by either the BOI or West Brom rate hikes.
BUT….we have to keep going with this, and I am more than willing to donate some money, as I did for the West Brom fighting fund.
Member Since November 2014 - Comments: 7
1:06 PM, 20th March 2015, About 11 years ago
Have now caught up with recent posting. Like others, it seems that it’s been 2 wasted years just to receive a standard rejection without any consideration being given to the actual specifics of individual claims. An interesting response, to a follow up letter, from David Rogers :- Quote, “ The paperwork that you signed when the mortgage was arranged detailed the relevant terms and conditions that applied to the mortgage. You might not have been aware of all the terms and conditions of the mortgage but that doesn’t mean that the mortgage was miss sold to you. “ An odd opinion ! As none of the terms and conditions that I received gave the bank the right to vary the differential it appears that even if I wasn’t made aware of the right to increase I’m still bound by the bank’s unilateral action. I suspect that there are others, like me, who took out a fixed rate mortgage (in 2002) but did not receive the “Terms and Conditions” booklet, but were told that after 5 years when the fixed rated expired the differential was fixed for the remainder of the term. It was only when the “Tracker” part commenced that I received the (then current in 2007) booklet which specifically states that any change to the differential would only be to my advantage. In actual fact, my mortgage was never even described as a Tracker Mortgage in any of the marketing literature or ducuments.
Interestingly, my ombudsman was called Emma Peters who was a career banker until recently as an associate director with HSBC and Lloyds banks !!
I’ve just completed an FOS customer satisfaction survey. I enjoyed expressing my opinion !!
I’d be interested in meeting up with anybody in a similar situation (preferably in Worcestershire !) to compare paperwork if they are in a similar situation.
Member Since September 2013 - Comments: 232
5:55 PM, 20th March 2015, About 11 years ago
I was recently told that the FOS is funded by the banks not the government, which surprised me. Here is a quote from the FOS website “All businesses covered by the ombudsman service pay a levy to contribute to our costs. The amount of levy that each individual business has to pay can range from around £100 a year for a small firm of financial advisers to over £300,000 for a high-street bank or major insurance company.”
I hope the FOS don’t practice “you don’t bite the hand that feeds you” Not sure that any “company” can be totally impartial when their funder is involved in the complaint. Surely their should be a truly independent ombudsman.
Member Since September 2013 - Comments: 232
6:10 PM, 20th March 2015, About 11 years ago
I think the least we should do is complain to the independent assessor about the responses made by the FOS and the lack of understanding and bias they have shown.
http://www.financial-ombudsman.org.uk/about/IA_terms_reference.htm
Member Since October 2013 - Comments: 108
6:50 PM, 20th March 2015, About 11 years ago
Just posted 2copies of all correspondence to Mark Smith at. Cotswold as Mark A requested explains I AM NOT a professional landlord and a copy of the web advert and the mortgage example showing base plus 1.75 for ‘term’. FOS seem to have ignored everything !
Member Since January 2015 - Comments: 38
4:45 PM, 21st March 2015, About 11 years ago
That’s correct, LS. THe FOS is funded by the Banks – so where’s the independence in that re. biting the hand that feeds? This surely must be a significant issue for the Independent Assessor.
Tricia, have you got a web link for that web advert that you mentioned?
BTW, I ‘phoned Cotswolds and spoke to MArk Smith’s colleague, Carla – you might want to give her a brief ring about your case. She had some useful information about going forward with any potential case.
Member Since September 2013 - Comments: 232
9:44 PM, 22nd March 2015, About 11 years ago
The independent assessor is appointed by the FOS board themselves. How independent can that make her? I would love someone to tell me I have got this wrong, but I am pretty sure it is correct.
Member Since October 2013 - Comments: 108
10:29 AM, 23rd March 2015, About 11 years ago
Reply to the comment left by “Black Panther” at “21/03/2015 – 16:45“:
Hi black panther,Ad was years ago with bristol and west, I only have a hard copy but just sent copy to Mark Smith at Cotswold’s
Member Since February 2014 - Comments: 43
11:50 AM, 23rd March 2015, About 11 years ago
Been away for a couple of weeks Mark, still cant open the attached link dated 12/3/15 is it possible to view it elsewhere, thanks.