Success! I got my tracker back from ICS

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wednesday

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As the thread title states, I'm coming out of a 5 year fixed term on 29.03.13. I have just received paperwork and they are offering:-

Exisiting Variable LTV Rate PDH 4.55%
2 year fixed (PDH) 4.99%
3 year fixed (PDH) 5.19%
5 year fixed (PDH) 5.59%
10 year fixed (PDH) 6.49%

I have (I believe) all paperwork pertaining to my mortgage and on the original Mortgage Loan Offer Letter it states the following, under 'Special Conditions' :-

(iv) a)Subject to part (b) of this condition, the interest rate applicable to the loan is a variable interest rate and may vary upwards or downward. The interest rate shall be no more than 1.3% above the European Central Bank Main Refinancing Operations Minimum Bid Rate ('Repo Rate') for the term of the loan.....
b)For the first 12 months from the date of draw down of the loan the interest rate as outlined in (a) above shall be discounted by 0.8% and shall be no more than 0.5% above the Repo rate and shall be subject to the terms and conditions outlined in (a) above. At the end of the said 12 month discount period the interest rate applicable shall revert to the rate as outlined in (a) about i.e not more than 1.3% above the Repo rate.

I was on a discounted tracker for 12 months and then locked in for two years at 4.39% (Tracker offered was Variable ECB + 1.25%, total 3.75%)

In 2008 I then locked in for 5 years at 4.99% (Tracker offered was Variable ECB + 1.25%, total 5.25%)

Do the special conditions clauses mean that I can push them to offer me ECB + max 1.3%?
 
I am presuming it does not say what rate the loan will default too, are these just the other options you can go for and maybe the default is a tracker? What will the rate be if you do nothing? That is often where they catch people, left alone it defaults to tracker, pick another option and you lose it.
 
My current offer states in bold:- If we do not hear from you by 29.03.2013, your home loan will, in accordance with your loan offer or amended documentation, automatically move to the variable rate of Existing Variable LTV Rate PDH, a current rate of 4.55%.

Just spotted something else though...In a box on the 3rd page it says this:-

SWITCHES TO FIXED RATES
If you avail of a Fixed Rate, our tracker rate commitment to you is deemed to be at an end and the lender's prevailing Standard Variable Rate will apply on expiry of this fixed term. For the avoidance of doubt, we wish to advise you that if you avail of a Fixed Rate, you will lose the ability of a Tracker Rate Mortgage in the future.

Am I wrong in thinking that I have them over a barrel??
 
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Right so it's not defaulting to tracker.

Did any of the previous fixed rate amendments you signed have that line about losing the tracker?
 
Did any of the previous fixed rate amendments you signed have that line about losing the tracker?
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Not so far as I can see they are worded exactly the same and tracker was offered as Variable ECB + 1.25% on each one.
 
You appear to have a very good case.

Hard to believe ICS are still treating the Ombudsman's office as their customer complaints dept,used by those customers who are cute enough to know when a fast one is being pulled,how many are there that just roll over and sign these docs?

Follow the steps I laid down in this thread and start the escalation process to the Ombudsman's office.Your first step is a final response letter,its all in this thread.

Best of luck fella.

http://www.askaboutmoney.com/showthread.php?t=128549
 
I've read through the thread that you linked Knuttell, am I correct in thinking that the 1st thing to do is ring and ask for my tracker to be reinstated? Then write to them if they refuse over the phone? Then escalate to the ombudsman if/when their response letter comes back?

And money wise what do I do in the meantime? Do I continue to pay the amount that I'm currently paying on my fixed term? Or pay the amount of the variable that will inevitably kick in when lock-in runs out at the end of the month? Or (sorry!!) am I silently agreeing to their terms by paying the variable rate?

Sorry to sound a bit dense but not really sure of the correct way to proceed from here.
 
Update:
Just called ICS and asked why I wasn't offered a tracker, lady went off to look through my terms and came back saying that it stated on the paperwork from my last fix (2008) that some products may not be available when exiting fixed rate. She is sending this to me today. I believe that I have all paperwork and have very carefully read through again and can find no such clause. Lady advised that my next action would be to write in to them seeking a final response from them - if I felt it was warranted and then to take matters further if I still disagreed...seemed like she was just quoting from a script at this point.

I'll update further when I get the paperwork from them and have had a good look at it.
 
Send a final response letter to the address listed on the other thread and take it from there.

I have a re read at a standard option form sent out by ICS in late 2008 and it mentions nothing about losing a tracker in the event of selecting a fixed rate,this is very much a standard inclusion now on such letters,its wording leaves you absolutely in no doubt.

Pretty sure I got the same spiel regarding nonavailability of products on exiting fixed rate,they seem do this in order to run interference and put off legitimate claimants following through.

Regarding how you intend to pay once the rate run out,my advice is simple enough,pay the rate they are asking,in the event you win your case all this will be returned to you as the Ombudsman will instruct them to do so.

In the event you lose and have only paid what you feel they are entitled to then your credit history will be in tatters.

This will likely take you the best part of a year so immediately write in and ask for the final response letter.
 
Just received paperwork from ICS - it is a copy of my original mortgage offer letter and highlighted in the special conditions is :-

"In the event that, or at any time, the Repo rate is is certified by the Society to be unavailable for any reason the interest rate applicable shall be the Society's prevailing Homeloan variable rate."

Does this mean I'm scuppered?
 
Not at all in my view.

The ICS cannot certify as unavailable something that clearly is available; the refi is clearly available because the ecb has today kept that rate at 0.75%.

Does the ICS seriously expect a reasonable person to believe that by highlighting a most unlikely term of exclusion (i.e. that that the ecb might at some stage in the future cease to have/declare a refi) in a contract that they can somehow execute that term?

They are trying it on.

Fight this; then fight some more.
 
If they cant blind you with science they will baffle you with BS.

Got so much nonsense dressed in legalese off them I lost track.

Drive on with the request for final response letter,get proof of posting on all correspondence,you are dealing with a bank/bank workers,act accordingly.

Keep the letter to the facts,leave all emotion out of it,do not embellish or importantly leave out facts,do it in chronological order,refer to MFA or Mortgage agreement to support your case,quote relevant sections,in particular draw attention to the absence of any clear explanation as to what would happen to the tracker on expiration of the fixed rate.

I really wouldn't bother engaging with them any further past a request for a FRL,leave it to the Ombudsman to represent you.
 

What is PDH? Is it Principal ?something? Home

Repo Rate - what does repo stand for?
 
PDH - private dwelling house (apparently, I had to ask!)
repo rate - abbreviation of ECB main refinancing Operations minimum bid rate (again apparently!)

Nothing like making things crystal clear is there??
 
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wednesday said:
PDH - private dwelling house (apparently, I had to ask!)
repo rate - abbreviation of ECB main refinancing Operations minimum bid rate (again apparently!)

Nothing like making things crystal clear is there??
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I think it's principal dwelling house....to distinguish from buy-to-let rates.

Open to correction as ever.
 
Update: With a lot of help and advice from another member on AAM, my tracker was restored today

No mention of any refund for overpayment BUT unlike a lot of other people I only overpaid for one month, I'm pushing for it back, we'll see.

Anyways my advice to ANYONE who believes that they should be on tracker is to keep pushing.
 
Wow that's amazing. Delighted for you! Really great to hear someone getting a bit of justice with our banks.....

We fixed with UB in late 2006 - came off rate in late 2008 and were never offered back our tracker rate. Went onto SVR at that time for a year and then fixed again for 3 years. We've been arguing with the bank since Feb and got an offer back of the fixed rate back for that 1 year period BUT because we signed the form in late 2009 saying it would revert to SVR after fixed rate that they don't feel there was any error on the banks part! Our terms and conditions and the Fixed Rate Form we signed in 2006 are all clear 'ecb rate for lifetime of mortgage' and after fixed rate 'would revert to home loan rate' - home loan rate is mentionned several times in our original loan agreement and only rate specified is 0.85% - it's just crazy we are being put to such lengths to get this sorted and every month it costs us a fortune. I honestly feel sick about it all today!
 
Sounds like you have a good case for the ombudsman Karolina. From the papers and posts on here A LOT of people weren't offered tracker after coming out of fixed and didn't pursue at the time as they were told by their mortgage provider the old line 'trackers are no longer available'.

Of course you fixed in again, at the time you would have been a fool not to as interest rates were going crazy. Your argument should be that you would have never fixed if ECB + 0.85% was on the table - especially if you had of been aware that it was never going to be offered again.
 
We are in the same situation with ICS too Wednesday.we went onto a fixed for ; yrs back in 2007 and at the end of the 4 yrs ICS would not allow us return to our Tracker mortgage ,so anyhow we are now with the hands of the Ombudsman to fight our case and hopefully resolve it successfully, as you have done so Well done you.
 
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