The nub of the issue is that she was on a Tracker mortgage in 2007. She looked for a top up on the tracker mortgage a few months later which she assumed she was signing up to and did not read the fine print which locked her into a Buy to let rate. My understanding is that at this time Tracker mortgages were still available up to October 2008. I feel she was taken advantage of by the Bank whereby the original mortgage and top up were put on a less favourable mortgage rate. Also it was done incorrectly as this house was not a buy to let property. She always lived in this home.It's impossible to tell on the information provided.
Strictly speaking, I would say no. She didn't have to take the mortgage. She could have gone elsewhere. You keep fixating on it being her PDH - tracker rates were still available at AIB and elsewhere for PDH mortgages. There's something about the circumstances that you're not sharing, and it might be very very subtle.
I am not concealing any facts at all.