Brendan Burgess
Founder
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That is one of the things we are engaging with the banks on. I don't want to say too much at this stage
Michael McGrath brought this up with the Governor of the Central Bank today
McGrath:
90% of identified customers have been put on the correct rate.
On the question of "What is the prevailing rate" How do you approach that question. The margin is not specified in the contract. What if there was no prevailing rate? How do you approach this question.
Governor: That is definitely one interpretation - the rate at which the mortage was drawn down
McGrath; That is not the bank's interpretation
Governor: That is one of the things we are engaging with the banks on. I don't want to say too much at this stage.
This is from a discussion some time ago. These notes are ptsb's own wording of what a tracker rate margin is and that can it never rise over the life time of a loan so I think it gives a good argument against them having a margin of 2.25 or 3.25 when at the time of draw down the margin was .8 or 1%Hi pp
There is no mention of trackers in the Consumer Credit Act.
View attachment 817
These notes simply refer to Housing Loans as defined by the Consumer Credit Act. And maybe they contain the information which is required to be disclosed by the Consumer Credit Act.
View attachment 818
But this note is interesting. "The amount of the percentage over the ECB rate...will not be exceeded during the term of the loan". I wonder if that note is on the back of the mortgages which do not have a rate specified.
These reviews are extensive in that lenders must review the underlying loan documentation and customer files for the in-scope accounts to determine their specific contractual obligations, and also to determine if the documentation that each customer received had the potential to confuse or mislead the customer, both on a stand-alone basis and when read in conjunction with other communications – be they written or verbal – made to the individual customer.
1 to 1.5% above the ECB rate same as the majority of EU banks.
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