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

16:18 PM, 5th March 2013, About 11 years ago

@Michelle

Which Document are you quoting? And does it have a date?

Richard Kent

16:32 PM, 5th March 2013, About 11 years ago

@ Mary
Mary, Was your mortgage contract entered into before 31st October 2004?

Was it originally a Bristol & West Mortgage?

If you can answer no to the first question it is unlikely you're affected.

Anon

16:46 PM, 5th March 2013, About 11 years ago

Why did BOI change their mortgage conditions post regulation if they felt their previous T&C's were not unfair contract terms?

You may choose to ask this question in your complaint letters.

Good luck!

17:03 PM, 5th March 2013, About 11 years ago

mary
Well done for approaching FOS to lodge your complaint. You might not be affected yet if your mortgage is prior to 31 of October 2004. But the future will be uncertain for everyone with a mortgage. We must stop this criminal activity. Any customer BOI customer is welcome to lodge a complain.

17:09 PM, 5th March 2013, About 11 years ago

mary
Sorry If your mortgage is from the 31st of October 2004 your are NOT affected. Prior to this date, your might be affected.

Mark Alexander - Founder of Property118

17:10 PM, 5th March 2013, About 11 years ago

UPDATE - I am now talking to a law firm with a VERY Close affinity to the Private Rented Sector which is interested in taking this case. They are reading through all of the comments to date. Further announcements to follow within 24 hours. Watch this space!

Mark Alexander - Founder of Property118

17:18 PM, 5th March 2013, About 11 years ago

Lee Gough

17:23 PM, 5th March 2013, About 11 years ago

This is a copy of letter sent to local MP from fellow LL and the alarming response!!!

Dear Adrian

I live in the Torquay area and you being are local MP thought I would include you in this scam being made by the bank of Ireland to some of there customers.

I have 3 Buy to Let Mortgages with the Bank of Ireland. I received a letter this morning notified me that my interest rate would rise from 2.25% to 4.99% as of May 1st. I have had the mortgage for 10 years and never defaulted so this isn't a penalty, it is as they describe it a 'special condition' in my loan agreement which allows them to do it. Ironically they cite the banking crisis as a special condition (something that they caused themselves!). This is a 'tracker' mortgage which follows the Bank of England base rate which hasn't changed.
This rise over doubles my mortgage payments to an extent where it has now become negative.

I would be most grateful if you could look into this matter and to respond to my e-mail.

Kind Regards

Dear J---,

Thank you for your email.

You’re right that banks can technically invoke clauses for exceptional circumstances and it seems many are looking to do this over the next few months.

I will take this up with Ministers to see what can be done and I will keep you updated with my progress.

Many regards,

Adrian Sanders MP

Are you next?????

Rob

18:02 PM, 5th March 2013, About 11 years ago

I cant remember the name or place of it but there is a petition that can be set up somewhere online and if it if gets a certain amount of online signitures it goes to parlourmant? Might be worth a shot! Also remember if you are going to refuse to pay the extra it will show on your credit file as arrears/missed payments and they will charge you a £35 arrears fee per month.

Mark Alexander - Founder of Property118

18:24 PM, 5th March 2013, About 11 years ago

IMPORTANT NEWS

We are bringing in Paul Shamplina of Landlord Action and his business partner Justin Selig who is a litigation solicitor with significant experience in acting for Landlords. Landlord Action has always fought for the rights of Landlords and hates to see Landlords being bullied by the government and banks. They are in court every day on behalf of landlords and they agree something needs to be done. Landlord Action have a team of legal professionals who will be able to assist in bringing a class action on behalf of Landlords against the Bank of Ireland

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