Bank of Ireland increase differential on tracker rates

Bank of Ireland increase differential on tracker rates

10:32 AM, 28th February 2013, About 11 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.

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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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Comments

Mark Alexander - Founder of Property118

21:48 PM, 23rd July 2015, About 9 years ago

Reply to the comment left by "Stuart Dixon" at "23/07/2015 - 21:43":

Very little from Mark Smith as he would have acted on a no win low fee basis. It was the other sides potential costs that were unknown.

Sadly the window of opportunity for a Judicial Review has long since closed.
.

Mark Alexander - Founder of Property118

21:50 PM, 23rd July 2015, About 9 years ago

Very little from Mark Smith as he would have acted on a no win low fee basis. It was the other sides potential costs that were unknown.

Sadly the window of opportunity for a Judicial Review has long since closed.
.

Tricia Collick

12:41 PM, 6th August 2015, About 9 years ago

Had my 'call back' on 3rd, was then told it was not the buy-to-let team and have been given yet another date of 12th !!
The change to new rates might not be available by then....
Does the FT article about the FOS ruling help me ? Would I have to find a way to pay off the whole balance ?

Dave Riches

12:46 PM, 6th August 2015, About 9 years ago

Reply to the comment left by "Mark Alexander" at "06/08/2015 - 12:22":

Interesting Mark........
I wonder if this has set a new precedent?
Have moved my mortgage now but will be interested to see developments on whether the difference in interest can be claimed back from BoI.

Lucy McKenna

13:03 PM, 6th August 2015, About 9 years ago

good news, any ideas as to how it will affect everyone else. It surely must set a precedent.

Lucy McKenna

13:13 PM, 6th August 2015, About 9 years ago

I find these two paragraphs confusing. They seem to contradict each other, can anyone explain please

Later, however, ombudsman Simon Pugh said in his ruling: “The bank did not have the power, and it was not fair and reasonable for it to have done so.”

Mr Pugh accepted that the bank had valid reasons to alter the differential, which had been laid out in the terms and conditions, and that the amount was not unreasonable.

Paul Brindley

18:38 PM, 6th August 2015, About 9 years ago

This is good news, really good news... I have the figures to show that any level of increase is unlawful so I wouldn't worry too much about the potential inconsistency in those two paragraphs. This is a real chink in the B of I's defence of their position. Let's now decide how best to kick the door in in these b-st-ds!

Lucy McKenna

18:47 PM, 6th August 2015, About 9 years ago

Good news, please count me in

Lucy McKenna

18:49 PM, 6th August 2015, About 9 years ago

Good to hear this

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