I think, as
@Pewter & others have articulated, all communication/convention/expectation/internal systems had everyone on the 2 year fixed product rolling to ECB + 0.75%. There was no distinction between groups (i.e. you were or were not on a tracker previously) either communicated by BOI or understood by anyone on the product up to Oct 08 (i.e. we will roll to tracker automatically) or in Nov 08 (i.e. we will not roll to tracker).
When I read the "original singed mortgage agreement" wording at the time I certainly didn't read into it that this meant that BOI was distinguishing between groups - indeed a few days later I wanted confirmation of what rate I would roll to and received confirmation by email from mortgages that my mortgage would roll to the Staff tracker - furthermore the internal system continued to have me and others in the cohort rolling to the staff tracker - this proves (in my mind) that the Bank hadn't made any distinction on the group at that stage so for them to retrospectively say that this was their intention in Oct 08 is false in my mind.
@Brendan Burgess , your points on the MFA are correct in that this doesn't give us a strict legal right to a tracker, just that this is an option (i.e. "IF") but this was the same MFA that all those who have received their tracker have signed so this has been put aside to a degree in the discussion given other stronger arguments.
Regarding the "original signed mortgage agreement" point (if you look past my argument above) and how this applies to those who have got their trackers back (i.e. those who would have been on a tracker at any point in their mortgage)
- some would have started on trackers (& would have tracker language in their original signed mortgage agreement),
- some would have started on a fixed to roll to a tracker (& would have had tracker language in their original signed mortgage agreement)
- some would have started on a different product & would have had a tracker at some point across their mortgage term (& would have no tracker language in their original signed mortgage agreement)
this is where I think the "original signed mortgage agreement" falls down as they are giving trackers back to people who had no mention of a tracker in their "original signed mortgage agreement"
anyway as we are outside the strict legal sphere, we are in the realm of opinions but I think everyone in this cohort should continue to put pressure on the bank, the finance committee (who have done a great job on this so far) & sign up with padraic kissane so we can get a resolution to this as soon as possible