It is being offered now as I am coming out of a fixed rate. It seems that while they stopped tracker rates in October '08, they did not change the wording in their contracts for at least a few months and my letter of offer still gave the option of switching to a tracker when coming out of a fixed rate. I'm not sure I have a case to argue the rate because as well as there being no prevailing tracker rate when I first came off fixed, there was no prevailing tracker rate at the time of offer to compare to. Surely this leaves it open for them to set it at 3.67?