corkkim and rodger I'll explain my case a little. I took my mortgage out in 2005 1st year on the special fixed for first time buyers. In 2006 I fixed for 2 years. In 2008 I fixed for 5 years. So was never on a tracker. But in my 2008 rates offer letter I was offered had 2, 3, 5 year fixed rates plus SVR plus ECB tracker +1.25%. Now were I believe I have a case is that on this letter it advised me if I did not select or returned this form by 1/09/2008 my mortgage would revert to a variable rate of 5.500% and when you look and the rates box above this line it represented the ECB variable +1.25% rate not the SVR which was 5.65%.
Also the paragraph below is from the Competition and Consumer Protection Commission website:
Moving to a tracker rate - but only if this was offered to you at the time you signed up for the fixed rate. Look at the documentation your lender sent you when you signed up to a fixed rate, as this will detail what your interest rate will revert to after the fixed rate term ends. If a tracker mortgage was one of the options, then your lender must offer you the tracker rate, even if they are no longer widely available. If you do not have the documentation, contact your lender and ask for a copy
Also before anyone jumps on this saying “if you never took up the tracker then tough”. I never took up the tracker rate on my re-mortgage which I took out in 2006 and always fixed and I was given the tracker in 2013 after BOI wrote to me advising I should have been offered it.