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.

___________________________________________

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

Paul Brindley

9:38 AM, 25th August 2015, About 9 years ago

Just for clarification - I have seen some posts on the Property Crash forum suggesting that I am part of an organisation called 'Brindley Legal Services', who are well known to lenders, before going on to make some broad assumptions as to why the Bank of Ireland have shied away from a fight with me.
By way of clarification, I am not in any way involved with any organisation called Brindley Legal Services, in fact I've never heard of them, I am an accountant and am not a lawyer or quasi lawyer. I do not approach lenders the way they suggest. I have no reputation with lenders. And every one of their assumptions over why I might have beaten the Bank of Ireland or where they might find out why are wrong. In fact, absolutely everything they have said is rubbish.

Tricia Collick

14:31 PM, 25th August 2015, About 9 years ago

Reply to the comment left by "Tricia Collick" at "21/08/2015 - 16:34":

Residential Terms and Conditions 2010 arrived.
The offer referred to Residential Terms and Condition section 6(a).
It did not give an indication of which terms and conditions by specifying a date so I have to go with this.
The booklet was certainly not as large as the lady on the phone indicated but if the only one in the contract they wanted me to commit to was this (below) they could have put an extract in the offer letter....it reads :
6. INTEREST
(a) In each interest period:
we will charge interest for the whole of the interest period on the ammount owed at the end of the previous interest period (including any interest or any item of costs which has the accrued but not been paid) ;
we will charge interest on any money we lend you during the interest period from the date on which we lend it until the end of the interest period;
and
we will charge interest on any costs which we incur during the interest period from the date on which we incur them until the end of the interest period or (if earlier) the date on which you repay them.

The interest period is defined as:
A calendar month or any different period which is specified as the interest period for a loan in the offer.

Tricia Collick

14:34 PM, 25th August 2015, About 9 years ago

Reply to the comment left by "Tricia Collick" at "21/08/2015 - 16:34":

Residential Terms and Conditions 2010 arrived.
The offer referred to Residential Terms and Condition section 6(a).
It did not give an indication of which terms and conditions by specifying a date so I have to go with this.
The booklet was certainly not as large as the lady on the phone indicated but if the only one in the contract they wanted me to commit to was this (below) they could have put an extract in the offer letter....it reads :
6. INTEREST
(a) In each interest period:
we will charge interest for the whole of the interest period on the ammount owed at the end of the previous interest period (including any interest or any item of costs which has the accrued but not been paid) ;
we will charge interest on any money we lend you during the interest period from the date on which we lend it until the end of the interest period;
and
we will charge interest on any costs which we incur during the interest period from the date on which we incur them until the end of the interest period or (if earlier) the date on which you repay them.

The interest period is defined as:
A calendar month or any different period which is specified as the interest period for a loan in the offer.

Mark Alexander - Founder of Property118

14:42 PM, 25th August 2015, About 9 years ago

I am very pleased for you Tricia and look forward to acknowledging receipt of your promised donation 🙂
.

Tricia Collick

10:19 AM, 3rd October 2015, About 9 years ago

Mark,finally got the fixed rate through after much to-ing and fro-ing.
While it isn't as low as their promised rate at the start of the mortgage it is halfway between that and the ludicrous rate they put it to.
Everything seems to have gone quiet, I would still like to get the money back they 'stole' from me to recover some losses and see them taken to task.
Let me knoe by email (property118 has my address) how to make the donation to say a small thank-you for all your efforts and finally helping find this little publicised offer..

Mark Alexander - Founder of Property118

10:23 AM, 3rd October 2015, About 9 years ago

Reply to the comment left by "Tricia Collick" at "03/10/2015 - 10:19":

That's great news Tricia and thank you for being so honourable.

Please see >>> http://www.property118.com/donations/
.

toona rama

13:26 PM, 30th March 2016, About 8 years ago

Hi,
Is the BOI fight now completely lost? Is there anything going on in the background or privately?

Darrell G

14:01 PM, 30th March 2016, About 8 years ago

Reply to the comment left by "toona rama" at "30/03/2016 - 13:26":

Was just thinking the same thing last week.

BoI keep wanting me to completely re-mortgage my affected mortgages with themselves. Offering to pay all the solicitor fees etc!

Anyone know why there so desperate to do this with my affected BTL mortgages? Are they trying to sweep these under the carpet knowing one day it will come back to bite them?

Darrell G

14:06 PM, 30th March 2016, About 8 years ago

Reply to the comment left by "toona rama" at "30/03/2016 - 13:26":

Was just thinking the same thing last week.

BoI keep wanting me to completely re-mortgage my affected mortgages with themselves. Offering to pay all the solicitor fees etc!

Anyone know why there so desperate to do this with my affected BTL mortgages? Are they trying to sweep these under the carpet knowing one day it will come back to bite them?

Mark Smith Head of Chambers Cotswold Barristers

14:15 PM, 30th March 2016, About 8 years ago

We have made several attempts to gather enough interest, and sadly it has always fizzled out. Shame, as there are far more affected borrowers than with the West Brom case.

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