# Fixed,then tracker then fixed,and issue with original contract



## thedaras (4 Jun 2011)

Hi,  I would love some advice on,
When I first took out my mortgage it was a fixed rate mortgage ,I then switched to a tracker,,we were then advised to come off the tracker,by the broker to fix the rate,which we did for 5 years..having finished the 5 years we were put back on a very expensive variable.

I asked for the original contract as per the posts here on AAM.

Looking at the contract that PTSB sent to me,it says,"this document does not constitute a legally binding offer"..and although it is also the original contract ie  year 2003 ,the one I think I need is  the one where I had come off a tracker and fixed ie year 2006.

Sorry if this doesn't make sense,I suppose what I really would need to know is 
Should I have been offered my tracker back?

Should I have been sent the contract where I came off the tracker and onto a fixed rate,so I could see what my options were,when it ended?

When posters state "original contract" ,is it always the case that it reverts to the original contract ,when you first took out the loan or can/could it be the last one I signed?

Last thing is, we had a tracker but were advised by broker to break it and go on a fixed rate,should we have ensured we could get the tracker back?


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## marksa (4 Jun 2011)

I believe what you have are separate contracts, but the fixed rate facility letter should indicate what the fixed rate will mature into e.g. "Variable Rate" or ECB tracker at x% over ECB repo rate, or something similar. I would be amazed if it did not specifiy something - even a further fixed rate... 

I suspect what you have are separate contracts and that you are not entitled to have tracker from the old facility as you were granted a new one when you fixed. But it might be part of the fixed contract


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## Bronte (6 Jun 2011)

You'd need to have a look at all the contracts. What did your first contract state about your options when the fix ended?

In any case you then picked a tracker, this second contract, did this say what would happen if you went onto a new fixed rate?

You don't seem to be one of those who initially had a tracker and then fixed.  

In relation to your last question and the broker.  Hindsight is great.  Yes you should have ensured that you would revert to a tracker after the fix ended, but you didn't.  But you may not have been allowed that option, so probably what you should have done was remain on the tracker.


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