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

21:00 PM, 5th March 2013, About 11 years ago

I wonder if the courts will say even pre 2004 non transparent wording is not fair.
In other words apply the FSA transparency requirements in retrospect.

Richard Kent

21:13 PM, 5th March 2013, About 11 years ago

@Pobinr

I think you're thinking along the right lines. I can only guess as I have not got the legal knowledege.

I suppose you could argue that the FSA regulated to make things fairer and they removed clauses which they thought were unfair.

The BTL contracts were not in themselves regulated but to my knowledge the lenders had to modify their description of Tracker Mortgages to meet the MCOB rules.

As someone posted earlier they obviously felt a need to modify the contracts post FSA regulation.

Mark Alexander - Founder of Property118

21:16 PM, 5th March 2013, About 11 years ago

Peter Shillcock

22:06 PM, 5th March 2013, About 11 years ago

I have letter from Bristol and West at time when they transfered mortgages to BOI and a paragraph states that No changes to the interest rate that I pay is proposed under the transfer !

0:16 AM, 6th March 2013, About 11 years ago

Hi people, I came accross this today: http://www.yourmortgage.co.uk/your-mortgage/news/2251336/13-500-bank-of-ireland-borrowers-face-rate-hike

It clearly says "All of the mortgages were sold before 2004 and Your Mortgage understands that many of the affected customers took out mortgages with the Bristol & West Building Society, which was purchased by Bank of Ireland in 1997."

Does it mean that for certain it applies to mortgage before 2004?

Mark Alexander - Founder of Property118

8:28 AM, 6th March 2013, About 11 years ago

Good morning all

I would like to present Justin Selig, the solicitor looking into the class action, with a copy of at least one buy to let mortgage offer and the last three years annual mortgage statements and covering letters for an affected buy to let mortgage borrower and also an affected residential mortgage borrower. Please can this documentation and email it to me - mark@property118.com

Thanks in advance.

Mark Alexander - Founder of Property118

9:19 AM, 6th March 2013, About 11 years ago

I now have all the copy documentation I need at this stage. Wow, that was quick! Thank you all 🙂

Richard Kent

9:29 AM, 6th March 2013, About 11 years ago

@David Fox

David, If you read the previous post by Pobinr you will see that because he remortgaged with the same company (B&W) after 31st October 2004 he entered into contract without the special clause.

His original deal was before 2004 but he remortgaged later.

According to BOI you need to check your contract and you should have received a letter by now if you were affected.

Justin Selig - solicitor

10:45 AM, 6th March 2013, About 11 years ago

My name is Justin Selig. I am a partner in Landlord Action and a solicitor who acts for Landlords. Landlord Action is constantly fighting on behalf of Landlords to prevent their rights being abused. Last year we were instrumental in getting the law on squatters rights changed so it is now a criminal offence. There may be scope to bring a class action on behalf of Landlords against the Bank of Ireland, not only to stop them from doing what they are doing now but also to stop other banks from following suit.

10:52 AM, 6th March 2013, About 11 years ago

Like some I haven't actually received a letter Yet. I was on a BTL fixed rate from 2007 not a tracker that reverted to BOE +1.75% 3 years ago. Any idea how you can identify if you have a toxic product? And if/when they are sending out all letters? Part of the problem with BTL is they are not regulated by FSA but this is simply not fair when they are offering some of the best deals in the market via the post office.

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