Return to tracker

BlueSky

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We are in the position of finally getting our tracker back, having lost it in 2010, and I will write the whole story up once we have it all resolved as I am very grateful for all the advice and pointers I have read on this forum! But, in the meantime, I would be really grateful for any advice on a few specific points. Here are the details:

2004: Took out loan of €166k over 18 years on a Tracker rate ECB + 1.05%

(At the same time, we also took a separate amount for 25yrs and this has remained on a Tracker ever since, so we have been painfully aware of the cost to us of having lost the tracker on the first part of the loan!)

By 2007, both accounts above had reduced in their rates to ECB + 0.75% (reduced LTV)

Aug 2007, fixed the 18yr mortgage for 3 years

Sept 2010, upon exit from Fixed, mortgage moved to SVR as we were told Tracker was no longer available to us.

2015: bank prepared to offer us our Tracker back 'as a gesture of goodwill, and on an exceptional basis' - but they're offering ECB + 1.05%, our original rate, rather than the rate which we were at when we fixed, and which we had requested return to. This is what we thought we would be returning to, and it's what the other sub account is still on ... can we press for this rate?

Also - very confusing wording regarding the refund they will be calculating is due to us. To read it, you'd think we'll actually be out of pocket, once they're done! Can anyone reassure me that this all sounds right? How will our capital be greater once they refund us the interest they overcharged? Surely it's the interest we overpaid, not the capital? And - they say if we leave the refund on the account, the balance will remain unchanged ... surely if we apply the refund to the mortgage account, the amount of capital outstanding would be substantially reduced?! "Once calculated, the Bank will allow you to remove this overpayment from your mortgage account. Please note however that if remove [sic] the overpaid amount from your mortgage, the balance of the mortgage will increase accordingly. Alternatively, you are free to leave the overpaid amount on the account meaning that the outstanding balance will not change."

And there is mention of the fact that we never actually paid the interest ... can't make head nor tail of that. The wording seems geared towards encouraging us to leave the refund in the account. But we are entitled to ask for it in our current account, isn't that correct?
"It is important to note that while this was a charge which was applied to mortgage it [sic] this was never actually paid by you and therefore will not be available to be refunded directly to you. However, the removal of the interest rate will have the affect [sic] of reducing the balance of your mortgage."

And one final thing - we made capital repayments against this mortgage during the past few years, amounting to €42,000 (€30k in 2011 to reduce the repayments, and €12k in 2014 to reduce the term) - almost all of our savings - so we've lost out on interest, albeit at paltry levels, as a result of being on the incorrect rate. Is it too late to do anything about that?

Thank you for any and all advice :)
 
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Hi Bluesky,
Your case is similar to mine in many ways. If you check out this link you should get some answers.
http://www.askaboutmoney.com/posts/1419788/ and also some other threads which I started. I got some sterling advice from various members of the forum!
I didn't get my capital repayments back which I still maintain I wouldn't have made if I was on the low tracker. I asked for them in my submission to the FSOB and was eventually given my overpaid interest and a sum as compensation but not the sums I had overpaid.
Completely agree about the wording of their letter (for my case and also when I helped out my brother in law) but it was explained to me that your balance today includes the overpaid interest, say 10k. If you leave the overpaid interest in the mortgage account then the balance will be lower say 100k whereas if you take it out and place it in your eg current account then the balance will be higher ie 110k. The wording in my (and his) letter made me scratch my head too and I did feel that they were deliberately trying to confuse so he would leave the overpaid interest where it was, thereby reducing the term of the tracker. He was, and you are, entitled to have the money paid to any account of his choosing, which he did immediately. The sum of interest may be paltry but I suspect you would not have paid down that money had you been on the rate to which you were entitled. Having said that mine were not returned, which will sting all the more when I go looking for my next mortgage, having put almost all our savings into the mortgage and not being able to port my tracker as a proportion of the loan on the next property.
If you do decide to go to the FSOB be prepared for a long wait, document and record everything in your dealings with the bank and read my posts which were given some really useful opinions and comments which were, and still are, much appreciated.
Best of luck. M
 
Hi and thanks for the reply, MiseÉire. I've read about your case all right and it has bears quite a resemblance to ours - and I thank you for the link :)

OK, well, if the wording of the letter regarding how they're going to calculate the rebate of interest is actually OK, if worded oddly and perhaps that is by design ... I guess my remaining question is this:

** Should we push for a return to the Tracker rate we were actually on when we fixed in 2007 (ECB + 0.75%)? Or accept a return to the Tracker rate we began on in 2004 and which is quoted in the original Offer of Advance?

Thanks to anyone who can advise!
 
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Hi again. I am no expert but I reckon it's worth the risk. You have the hard part done dealing with the bank. If you go to the FSOB, I presume worst case scenario you will not get the lower rate and you will not be much worse off. You will not have the use of the overpaid interest for as long as it takes the finding to issue. The bank may make an increased offer before it goes to final adjudication and you can then decide if you want to go as far as the finding, which is binding on both parties. I think the rate you finished on is where you should be returned to but I suppose it depends how much stress this will cause you (possibly waiting for year or more for an outcome) related to the financial gain. Maybe crunch the numbers to see how much of a difference there is between ECB+0.75 and ECB+1.05 and see if it is worth the time and effort. Best of luck whatever you decide. M.
 
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