Ulster Could I be entitled to tracker - Ulster Bank?

Metatron

Registered User
Messages
63
Hi, it seems I'm pretty late to the tracker party having checked my terms and conditions umpteen times to see was there any mention of a tracker and saw nothing. We got a mortgage in 2007 and decided to fix for 3 years initially and in Sep 2010 reverted to SVR as only options given were that or various fixed terms. The loan offer just states a monthly amount for the 3 years and then what the new monthly amount for 2010 would be. It gave an APR in 2007 of 5.2%.
Last night I decided to check them again I came across the paragraph in the loan acceptance which states 'we understand that any outstanding debt owing to UB by us at any given time is secured on the property the subject of the tracker mortgage and must be repaid in full before the title deeds can be returned etc etc'

Fell into arrears from 2011 to 2014 and they were an impossible bunch to deal with. Harassment was no name for it. I have no faith in them but have I got an iota of a chance? And if so what do I do now. Appreciate any input.

Paula

Hi Paula, if at all possible, could you upload the loan acceptance page of your UB mortgage that mentions Tracker Mortgage (redact any identification information) to this thread. If it can be shown that it was your legitimate expectation that you believed your fixed rate would default to a tracker mortgage as opposed to an svr mortgage, you could have a strong case for the FSPO to adjudicate upon.
 

Gerrygerdi

Registered User
Messages
1
Well my thinking is that it will depend on what paperwork people actually received and when they received it, along with how the mortgage was taken out, i.e. was it people trading up, switching providers etc. It says in the finding:

"Two sets of Terms and Conditions have been furnished in evidence by the Provider. The first set of Terms and Conditions are titled “Standard Mortgage General Terms and Conditions” and stated to be effective from “01/06/2008”. The Standard Mortgage General Terms and Conditions detail as follows "

So did anyone before 01/06/2008 not receive this paperwork ? We certainly didn't. That completely changes how the paperwork can be read as there is no Condition 14 (c)(ii) that clearly states what the fixed rate would default to at the end of the fixed rate.

As the FSPO has said "he would like to see his decisions in individual cases applied by banks and insurance companies to groups of customers with similar complaints ", then the bank should be compensating everyone with this wording on their paperwork. Will that happen though ? :rolleyes:

It also leaves the door open to people who have this wording on their paperwork but did not receive the "Standard Mortgage General Terms and Conditions” and stated to be effective from “01/06/2008”, as the Ombudsman said in the finding "Further, whilst I accept that “typographical” errors can occur and in this circumstance that error did not affect the Complainants’ underlying contractual entitlements"

The important bit in that, I think, is he says "in this circumstance". The circumstances will be different if you never received the "Standard Mortgage General Terms and Conditions” and stated to be effective from “01/06/2008”

It's a real pity we will have to wait so long to have our cases adjudicated on due to some of the ridiculous cases some people brought to the FSPO looking to get a tracker mortgage. Oh well, such is life. Anyone with this type of paperwork who genuinely believes they should have had or had the option of a tracker mortgage just needs to keep going. :)
Hi all I took my mortgage out sept07 fixed for 2 years and Could not get the option of the tracker as if I think August 09 this was then removed as UB no longer offered trackers. My contract is very similar as this and few others mentioned (subject to the tracker mortgage)no mention of any variable rate (svr) or any ECB rate or any rate mention, had a copy of the letter of offer which was the fax received from my broker from Ulster Back As the fax number is on it, this is where the tracker rate was mention but no actual rate, was told the very very same thing ...typo error, Was onto Padraig Kissanes office for help they sent off a letter to ombudsman but heard nothing back- I know there is a lot of us in similar situation but anyone any sort of update
 

UB_TME

Registered User
Messages
22
Just posting links to FSPO decisions on cases with similar paperwork to those of us on this thread.

The last one is particularly interesting as the "Provider states that it is “confident” that this booklet was issued to the Complainant’s solicitor".

But the FSPO has said "On the basis of the evidence before me it is not possible to determine whether the Standard Mortgage General Terms and Conditions were received by the Complainant."
 

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