Equity Release Not Offered @ Tracker Rate

Hi,
I sought equity release from ICS Building Society in 2005. My existing mortgage at the time was a Tracker at a rate of 2.95%. In the application form and cover letter (of which I still have copies) I requested that the equity release would be at the Tracker rate to match my existing loan. We got an offer letter from the building society which we assumed was based on a tracker as requested - it said variable of 2.69% for first year and then variable of 3.55% for remaining 228 months. They did not mention whether this was a Tracker in the offer letter. It turns out it was a Variable and we are now being charged 4.99%. Is there any comeback with the bank (now BOI) on this as they ignored my request to be put on the tracker. We did accept the loan offer at the time -assuming in our naievity - that what they had offered was a tracker.

Based on what you set out above, answer in my mind is a clear no.

Equity release is/was an entirely new loan so no connection to main mortgage.

If the documentation at the time of the equity release said 2.69% for first year and 3.55% for 228 months, and you had a tracker of 2.95%, why was it not queried then or in the following years when trackers were all the rage? Not judging but if you genuinely thought it was or should have been a tracker why query now? Why not at the time?

And as it was 10 years ago, you are well outside the statute of limitations.

Brendan