I assume the the interest rate on the new offer was a little lower or the same as the first offer and the only difference in the two offers is that one is missing a special condition on page 2 and that the interest rate may also be different.
I think this was a very common trick in Bank of Ireland, it all hinged around the fact that the consumer might not notice the special condition was missing, and would be happy to get a slightly lower rate, thinking that the new offer was still a tracker mortgage.
When you signed the second offer letter, did you know it was an SVR or did you expect it to be a tracker.
When they sent the second offer, did they explain that it was a variable rate and that tracker mortgages were no longer available.
If you expected it to be a tracker then I think you have a case as they are in breach of the consumer protection code.
Here are the general principles of the consumer protection code August 2006, in my view they are in breach of 1, 2, 3, 4, 5 and 6.
1 acts honestly, fairly and professionally in the best interests of its customers and the integrity of the market;
2 acts with due skill, care and diligence in the best interests of its customers;
3 does not recklessly, negligently or deliberately mislead a customer as to the real or perceived advantages or disadvantages of any product or service;
4 has and employs effectively the resources and procedures, systems and control checks that are necessary for compliance with this Code;
5 seeks from its customers information relevant to the product or service requested;
6 makes full disclosure of all relevant material information, including all charges, in a way that seeks to inform the customer;
7 seeks to avoid conflicts of interest;
8 corrects errors and handles complaints speedily, efficiently and fairly;
9 does not exert undue pressure or undue influence on a customer;
10 ensures that any outsourced activity complies with the requirements of this Code;
11 without prejudice to the pursuit of its legitimate commercial aims, does not, through its policies, procedures, or working practices, prevent access to basic financial services; and
12 complies with the letter and spirit of this Code.