Ulster Bank's proposal to deal with offset mortgages

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Thanks for taking the time time to a) read my message and b) respond to it

Some great info there, very much appreciated
 
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Just got the letter. Think it's good news but haven't read the small print. But good to read that there shouldn't be tax implications, I'd be inclined to put it into the mortgage
I'd like to get the tax situation confirmed. Why are Ulster bank in the FAO saying that 1)you should get independent tax advice 2) that they will not pay any tax or liabilities that may arise.
 
Surely there is no tax implications as it is a payment on future losses due to the contract change how the hell can they tax it.
 
I'd like to get the tax situation confirmed. Why are Ulster bank in the FAO saying that 1)you should get independent tax advice 2) that they will not pay any tax or liabilities that may arise.
They're prob covering themselves with the independent tax advice issue, perhaps tax is an issue for some specific situations like tax residency (have no idea, just an example). The letter includes an annex looking for ID and evidence of residence
 
They're v careful with the wording ex-gratia goodwill payment
If they use the word "compensate" or "compensation" then they are leaving themselves wide open to challenge. It would be an admission that they know they are on shaky ground with this (which I think they are). Over on boards.ie some folks are saying they have gotten offers of 26K and 76K for example. Banks just don't give out those sums of money "by favour", it's compensation for loss of offsetting benefit, however they want to spin it. I think the whole thing stinks a bit, but they'll probably get away with it because a lot of people will be happy with the offer.
 
Maybe the issue could be owner-occupied vs investment property. I certainly hope so or this is a bad offer for me with the level of offsetting I had.
 
Yes, Ulster Bank has the legal right to make these changes, as outlined in the letter we sent to you. In our letter we set out the relevant sections of the “Ulster Bank Offset Banking Terms and Conditions” which allow us to remove your offset facility, close your Current Plus/Facility/Instant Access Plus account(s) and to make consequential changes. These sections are:

Section A Conditions 4(a), 8(d) and 10;

Section B Part 1 Conditions 5.2 and 7;

Section D Conditions 15, 16 and 18.

The full terms and conditions are available to download on our website at www.ulsterbank.ie/brochures.

That's from their FAQ. So they claim to, I'd suggest raising questions with Central Bank/Regulator.
 
The letter includes an annex looking for ID and evidence of residence

Saw this. It is not a sinister request.
To the best of my knowledge it is a requirement under Irish law that financial institutions have up to date correct information about their customers. I think it's to do with anti money laundering.
Ulster Bank are just covering their own backsides with this request.
 
Awaiting my letter but everyone who has this type of mortgage needs to get together the only fair way for Ulster bank to get out of this obligation and its a legal entitlement to the mortgage holder is to give the full amount that can be offset. They also need to make sure its measured for the full length of the mortgage as if your paying off more than the amount you can reduce your payments and elongate the mortgage period back to its originally end date. They also have to factor in the amount in your facility as if you have 50k in it you can put that in your account and then the interest on this will be saved also. Those who have not availed of the one time move should also look at this I fortunately moved about 3 years ago so it doesn't apply but if you move and have a bigger mortgage it means by offsetting you are saving more on interest.

I mean everyone here got these mortgages back in the period of 2000 and 2007 they were no longer available after this so its an older cohort and no doubt they will have parents who are close to end of life which means some sort of inheritance sooner rather than latter (I know that is a cold way of looking at things but it is a real factor) not to mention some peoples pensions with a lump sum kicking in.

Questions for Ulster bank would be as follows

How can Ulster bank realistically base 4500 (possibly 9000 mortgage holders if bought as a couple) persons future finances into one sum.

How can they predict a competing interest rate which they are basing compensation on, I mean back in the 80s we were hitting nearly 17% for mortgage interest and then we have the opposite of this in that we have just had a period of all time low interest rates (0%) for about a decade and now they the rates have ramped back up very very quickly. How anyone can realistically pick this figure and stand over it is nearly impossible and the person who has will really need to explain it..

Any solicitor should be able to argue this I wouldn't be cashing any cheques yet maybe use the 250 and consult a solicitor but it is a good idea to keep ideas floating in here as if 4500 mortgage holder or a decent % go through the one solicitor and make a big enough stink Ulster bank will have to come back to the negotiating table with a bigger sum.
 
what if I say no to the offer? do we actually have a choice?
Everyone has a choice they cannot just say there you go its that way or the high way and with the recent fines they had to pay due to the tracker mortgage scandal will also be in their mind. I have outlined what Ulster bank has to do to remedy this situation for the mortgage holder if they dont then if a high % of mortgage holders band together for a court case they will have to come back to the negotiating table.
 
Yet not one of these mortgages where negotiated with Ulster bank they were done with First Active. Its a contract which they cannot just break and they will be open to all kinds of law suits unless they pony up what I have outlined.
 
There is the option though to do the 'pay and redraw' thing which is really a basic sort of offsetting and while not the same thing it has the potential to save a lot of interest too, best suited to lump sums though.

PS having just got my letter today I'm now unclear about the 'pay and redraw' thing, they seem to be equating it to the available facility so different to the way I understood it initially!
 
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Any solicitor should be able to argue this I wouldn't be cashing any cheques yet maybe use the 250 and consult a solicitor.

I was ecstatic with the news the other day and thinking of taking the money and running, but sure no harm asking a solicitor's opinion about some of the points you raised.
 
A lot of peoplle unhappy over in boards.ie. talk of people banding together to get a solicitor in case anyone here is unhappy with their offer
 
A lot of peoplle unhappy over in boards.ie. talk of people banding together to get a solicitor in case anyone here is unhappy with their offer
The more I look at it the less inclined I am to immediately accept it. I think it's definitely worth looking further into
 
The more I look at it the less inclined I am to immediately accept it. I think it's definitely worth looking further into
 
The challenge is so few people actually understand this product so solicitor/ financial advisor might be hard to find - no idea where to start but happy to join a group. Also is it strange that nothing is in the press about this?
 
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