KBC KBC basing cohorts on Application date rather than Draw-down dates

I had a mail from them today, there is a letter on the way outlining the “banks position” on my case and suggestions for what I can do next. Reading between the lines I don’t expect this to be a positive letter on my behalf.
 
I had a mail from them today, there is a letter on the way outlining the “banks position” on my case and suggestions for what I can do next. Reading between the lines I don’t expect this to be a positive letter on my behalf.

Received the letter today it outlined the of not being impacted as the flyer was revoked on the 11th of Feb and I applied 4 days after, it then went on to say I can appeal.
 
Received the letter today it outlined the of not being impacted as the flyer was revoked on the 11th of Feb and I applied 4 days after, it then went on to say I can appeal.
I emailed them today to look for a copy of the letter they send to the brokers to stop the flyer.
 
I emailed them today to look for a copy of the letter they send to the brokers to stop the flyer.
You may have to go more formal than that. I don't know how you get access to this, so whether it is under freedom of information or a subject access request or whatever, but I imagine it will need to be formally requested to get any sort of response.
It may also be worth tapping into some mortgage broker association to see if they have a copy of it...
 
I emailed them today to look for a copy of the letter they send to the brokers to stop the flyer.

Good idea Jazzer1 it's definitely the 11th date they are holding fast on even though we were shown the flier earlier by the broker it influenced our decision
 
we were shown the flier earlier by the broker it influenced our decision
The flyer was issued in November 2006? Was there one flyer or was there multiple versions of the flyer issued to your knowledge?

I find it very strange that if one version of this flyer was issued in November 2006, your broker had the wherewithall to be able to show this exact flyer to you 14 months later in February 2008, yet did not consider to inform you the flyer was withdrawn in February 2008 before you submitted the mortgage application and signed it? At the time, tracker rates were still being offered so you could have gone straight to tracker rather than fixing first.

I am not calling you a liar or anything like that, but it seems odd to me if I am being honest - rightly or wrongly !
 
The flyer was issued in November 2006? Was there one flyer or was there multiple versions of the flyer issued to your knowledge?

I find it very strange that if one version of this flyer was issued in November 2006, your broker had the wherewithall to be able to show this exact flyer to you 14 months later in February 2008, yet did not consider to inform you the flyer was withdrawn in February 2008 before you submitted the mortgage application and signed it? At the time, tracker rates were still being offered so you could have gone straight to tracker rather than fixing first.

I am not calling you a liar or anything like that, but it seems odd to me if I am being honest - rightly or wrongly !
In my case with the flyer and the Broker.
I remember it well due to my wife was having a baby at around the same time. When we applied for the mortgage the Broker came to our house and he adviced us to fix for two years as we had a baby on the way and we would at least know how much our mortgage was every month for stability. We fixed at around 4.7% and as far I'm aware the tracker rate was higher. I remember my wife asking him what the rate would we be on after our fixed ratr was up and he said you will revert to a tracker. Every time the E.B.C came out to adjust the rate after that I took a keen interest in it due to knowing that's what I thought I was rolling on to.
 
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Hi All.
Just wondering has there been any incident where someone received the Jan 5th in scope and impacted letter but later been told they are out of scope? Just curious. Still in the dark on my case. phoned several times but told its still being reviewed
 
hi shnethb hold tight until 20th Feb, I know we were both of the same thinking that it was too good to be true. even though I got confirmation over the phone, I won't be happy until I have it on screen or paper.
 
Hi All.
Just wondering has there been any incident where someone received the Jan 5th in scope and impacted letter but later been told they are out of scope? Just curious. Still in the dark on my case. phoned several times but told its still being reviewed
Do you know what date kbc received your application when you applied for your mortgage if it was before the 11th of Feb 08 your fine. If you got an impacted letter I can't see them taking it of you.
 
Do you know what date kbc received your application when you applied for your mortgage if it was before the 11th of Feb 08 your fine. If you got an impacted letter I can't see them taking it of you.

Thanks Ciara,
@ Jazzer1 it was December 07 and Jan 08 when we did the application
 
@shnethb I was March 07 applied and Aug 07 draw down so a few months ahead of you, maybe they are getting to them in application date order.
 
In my case with the flyer and the Broker.
I remember it well due to my wife was having a baby at around the same time. When we applied for the mortgage the Broker came to our house and he adviced us to fix for two years as we had a baby on the way and we would at least know how much our mortgage was every month for stability. We fixed at around 4.7% and as far I'm aware the tracker rate was higher. I remember my wife asking him what the rate would we be on after our fixed ratr was up and he said you will revert to a tracker. Every time the E.B.C came out to adjust the rate after that I took a keen interest in it due to knowing that's what I thought I was rolling on to.

@Jazzer1 I understand what you say above, but I don't understand how this relates to a physical flyer issued by IIB? Did the broker bring the flyer to you when he visited the house?
My reading of the lines above is the broker misinformed you rather than the bank directly. The broker assumed you would go onto a tracker rate, but did not check the home loan agreement to confirm this, and you assumed you were going onto one. I cannot see how this is the fault of IIB - I would more see this as a broker issue.
My point still stands - IIB/KBC claim they withdrew the flyer on 11th February 2008. Do the brokers remember this or do the brokers have any record of that withdrawal being issued. Or did it simply slip their mind to tell their customers for fear of losing their commission?
Anyone caught on the fringes of these dates need to either:
(a) prove that KBC issued the letter of offer after November 2006 OR
(b) prove that KBC had the mortgage application before the 11th February 2008 OR
(c) prove that KBC's attempts to remove the flyer were inadequate and therefore open to brokers to misinterpret it

If you cannot prove either of these things, the grievance really needs to be with the broker in my personal view
 
@Jazzer1 I understand what you say above, but I don't understand how this relates to a physical flyer issued by IIB? Did the broker bring the flyer to you when he visited the house?
My reading of the lines above is the broker misinformed you rather than the bank directly. The broker assumed you would go onto a tracker rate, but did not check the home loan agreement to confirm this, and you assumed you were going onto one. I cannot see how this is the fault of IIB - I would more see this as a broker issue.
My point still stands - IIB/KBC claim they withdrew the flyer on 11th February 2008. Do the brokers remember this or do the brokers have any record of that withdrawal being issued. Or did it simply slip their mind to tell their customers for fear of losing their commission?
Anyone caught on the fringes of these dates need to either:
(a) prove that KBC issued the letter of offer after November 2006 OR
(b) prove that KBC had the mortgage application before the 11th February 2008 OR
(c) prove that KBC's attempts to remove the flyer were inadequate and therefore open to brokers to misinterpret it

If you cannot prove either of these things, the grievance really needs to be with the broker in my personal view
I understand that, But what about the application form I signed, if they pulled the tracker product from the brokers at that time why didn't the application form change. Where I ticked 2 year fixed the tracker rate box is right beside it. When the application went to kbc should they not have seen that. Also a kbc underwriter went to my brokers office 3 days after the 11th of Feb and signed it off on the basis of reverting to a tracker. I have already said to the Broker he has left himself open.
 
But what about the application form I signed, if they pulled the tracker product from the brokers at that time why didn't the application form change.

But they did not pull the tracker product in February 2008 - they pulled the flyer and the flyer said that all customers who fixed would roll over onto a tracker at the end of the fixed term.

The tracker products were probably pulled later in 2008, similar to other banks. I don't have dates here.


So in February 2008 you could have gone onto a tracker when you signed your mortgage, but you choose to fix instead.


Also a kbc underwriter went to my brokers office 3 days after the 11th of Feb and signed it off on the basis of reverting to a tracker.

But is this line genuinely true? Was it genuinely signed on the basis of reverting to a tracker? Your home loan agreement does not state this.

So maybe your broker says this or you assumed this, but I am not sure you can legitimately say that it was "signed it off on the basis of reverting to a tracker". I accept I am being pedantic here, but when it’s comes to legal arguments you have to be



I have already said to the Broker he has left himself open.

I think from everything you have said, the grievance you have is with your broker rather than the bank. It appears that the broker misled you or did not sufficiently cover themselves to ensure that what they were telling you was backed up by confirmation from KBC. I think your broker may have been (incorrectly) relying on previous/historic information.


Also a kbc underwriter went to my brokers office 3 days after the 11th of Feb

If the underwriter came on 14th February, surely the application was made in advance of 11th February so you are covered under the KBC dates ? What date did you make the application and what date was it received/logged by KBC? I have yet to meet any bank that will turn around an application in 3 days !



I still struggle on the fact that KBC says they withdrew the flyer on 11th February 2008, yet no broker seems to be aware of this or felt to inform clients who had mortgages in progress. If brokers had been going around telling people they would revert back to a tracker, and this notice came out then surely they would have read and understood it. Do they not have a responsibility to inform their client at this point.

I might be unfair on brokers here, but it appears to me that their commission came first and this was more important than their client’s interests in times of financial uncertainty.
 
I still struggle on the fact that KBC says they withdrew the flyer on 11th February 2008, yet no broker seems to be aware of this or felt to inform clients who had mortgages in progress. If brokers had been going around telling people they would revert back to a tracker, and this notice came out then surely they would have read and understood it. Do they not have a responsibility to inform their client at this point.

I might be unfair on brokers here, but it appears to me that their commission came first and this was more important than their client’s interests in times of financial uncertainty.
I suspect that it wasn't a "withdrawal" of the flyer but a new communication regarding mortgages and rates that supercedes all prevous communications.
 
I suspect that it wasn't a "withdrawal" of the flyer but a new communication regarding mortgages and rates that supercedes all prevous communications.
It would be good to see what this communication was, as it could clear up a lot of the ambiguity around this topic
Its hard to say anything (on either side) with certainty without seeing what was actually issued to the broker
If there is ambiguity in what was sent to the brokers, then this would open another can of worms
 
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