# Ics Tracker.. Bank at fault ?



## Hessian.123 (3 Jul 2013)

We took out a mortgage with ics in 2006.

we were fixed for the very first 2 years (06-08)
After that in 2008 we were offered the tracker + 7 different types of other rates fixed variable etc.. so we fixed for 2 years as was best rate at the time (08-10).

in 2010 we got sent out another offer letter, this time there was no offer of the tracker rate or even any variable rate at that, all that was on it was option of 3 different fixed rates, 2/3/5 years, we went with the 3 year fixed rate, again there was no offer or mention of the tracker this time.

Now... Here's where it gets interesting, but our fixed rate was up in may this year and the bank sent out the usual offer letter except this time the tracker was on it again, obviously we took the tracker (actually we just done nothing and it automatically got put on to it) but why did they not offer it to me in 2010 and did offer it every other time including this year ?

I rang the bank just there and the girl seems to think they were being compliant by their own regulations when they sent me the letter not offering me the tracker (in 2010)
I asked her then why was it offered to me again in 2013 and not 2010 (it was on offer every time except 2010) she said it was reviewed by the central bank and it had to be re-offered to certain customers.

I might have taken it back then if it was an option in 2010.
Seems to me that they messed up and should have offered it as it was on our original mortgage documents when we first drew down the mortgage.

Have I any rights here ?

We were very naive when it came to the mortgage stuff back then, not now though that's why I'm asking questions,

Thanks for any help


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## Mrs Vimes (3 Jul 2013)

I'd start with a letter to the bank enclosing a copy (keep the original) of the letter in 2010 which did not include the tracker offer.

State in your letter that had the tracker been available in 2010 you would have taken it and ask for a refund of the interest you overpaid for the past 3 years.

Expect a letter back (eventually) stating that they followed their own guidelines and did nothing wrong. Reply to this letter restating your demand for refund of interest (work out yourself roughly how much money is involved - or put up figures here and someone will help you) and asking for a Final Response Letter.

If they still refuse, off to the ombusdman.

Have a look at a number of other threads on here by people who go their trackers back and (fewer) threads the same as yours.

Keep us informed


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## Hessian.123 (3 Jul 2013)

Hi,

Thanks for your reply i thought as much glad to know I'm not the only one who has has a problem with them, would you mind me asking how to work out how much interest I might have over paid ? Or even reply with some links would be much appreciated.
I wouldn't know where to even start..


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## Father ted (3 Jul 2013)

Hi Hession 
We are in a some what similar case with ICS too.
We were on a tracker from 2005, we then fixed for 4 years up to 2011.
Then on completion of our fixed term ICS refused to put us back onto our original tracker which was ECB + 1.3.
We are now in the hands of the financial ombudsman office and hopefully it will be resolved in our favour.
Check your paperwork in fine detail because if you read other posts ICS have been doing there level best to trick three very own customers and it was a case of confusion reigned at that building society in my opinion.
Bast of luck.


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## WizardDr (5 Jul 2013)

@Hessian123 - just to be clear - you are on a tracker now? And what you are saying is that you might have taken a tracker had it been offered in 2010 had it been offered?

I dont think that you really did a whole lot to raise that case at the time. I would not rate your chances - and thats after getting a number of these back.

@fatherted - going via the FSO would not have been recommended here - your outcome is doubtful to be honest.


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## Gerry Canning (5 Jul 2013)

WizardDr said:


> @Hessian123 - just to be clear - you are on a tracker now? And what you are saying is that you might have taken a tracker had it been offered in 2010 had it been offered?
> 
> I dont think that you really did a whole lot to raise that case at the time. I would not rate your chances - and thats after getting a number of these back.
> 
> @fatherted - going via the FSO would not have been recommended here - your outcome is doubtful to be honest.


 ................................................................................................
Inclined to agree with Wizard,

From experience, the Ombudsman seems to interpret Consumer Codes mostly on what is signed and puts little weight on the Codes Principles. !!


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## Nica1177 (2 Dec 2013)

Hi, my mortgage history is exactly the same as the original poster. We are coming to the end of a 3 year fixed term, and received the offer letter, however the tracker isn't one of the options. 
Should we have been offered the tracker? 
Does anyone have any advice on how to proceed?


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## WizardDr (4 Dec 2013)

@Nica1177 - original poster is on a tracker - his concern was that for one of the Fixed Rate offers he wasn't offered a tracker and was looking back saying that he might have taken the tracker had he been offered it ..

What is your situation?  Were you offered tracker in 2010 as well as 3 year fixed?


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