Why wouldn't you have opted for a fixed at that point in time? Lots of people did, unless you had a crystal ball you could not know how valuable a tracker would become. Hell, I sold them all the time and it was just another product, no better no worse than the alternatives depending on the customer situation. No point attributing knowledge you now have to a point in time when it wasn't available.
In my view I think there is a case to be answered.
The bank would have know which was the better product for them, why else would they come out it. From what I can see there was no advantage to you at all in taking the second offer.
Did you request the second offer or did they issue it of their own accord?
One of the general principles of the code of conduct is
"acts with due skill, care and diligence in the best interests of its customers"
That second offer wasn't in your best interest, it was in there's, I don't believe for one moment that the bank didn't know what they were doing when they came up with the product in that second offer. It was purely to get you off the tracker product. In my view very unfair and sneaky business.
I hope there is cause to be optimistic, I think its clear that KBC pulled a fast one, they knew what they were doing with the second offer, the advantage was all on their side, their was nothing in it for you.
We can only hope that the central bank enforces the code of conduct to the letter.
Out of curiosity what was the exact wording in their letter. Are they declaring that you were on a tracker at one point, even though you did not accept that offer at the time.
One question I would have is, what evidence do KBC have that shows the broker requested a change to a 3 year fixed rate.
Is it possible that KBC issued a new offer to the broker in the hope that he/she would advise you to take it.
Your definitely entitled to seek the evidence that your broker requested it.
This is just my view, I believe you do have a case as they are in breach of the consumer protection code.
That product in the second offer was of no benefit to you what so ever, it was completely in their favour.
One of the principles of the consumer protect code is as follows
"acts with due skill, care and diligence in the best interests of its customers"
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