OK, so you had a home loan of €220k. You borrowed another €70k to bring it to €290k.
Normally, in these cases, the lender just issues a new account number and gives you another €70k.
It's odd that they cancelled the old loan and issued you with a completely new loan. Are you sure that this is what happened?
Do you have three mortgage agreements? The old one and two new ones?
In 2006, not many people understood the value of trackers. And lenders didn't understand what a liability they were.
If you surrendered your old mortgage and took out a completely new one, I doubt you have a case.
If you still have the same mortgage, but they just fixed your rate for two years, you probably have a fair shot of getting the tracker back.
We met and the deal was a two year fixed on both. ( It was never discussed) I just presumed Id return to the tracker
This is the bit which is hard to understand. It's possible that your memory isn't accurate. You probably were worried about the potential interest rate rises and asked for a fixed rate mortgage. This does not sound like a bank trying to get you off your tracker.
Brendan