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KBC Tracker Mortgage

  • 24-08-2010 1:41pm
    #1
    Registered Users, Registered Users 2 Posts: 6


    Really need help??

    We are on a fixed rate mortgage which is due to end in September with new term beginning October. I phoned my mortgage lender today who is KBC and asked them what will be my new rate in October. He told me that I will be going on a Tracker mortgage in October to which I am stunned an overjoyed. He said that I will be due a letter in the post in next couple of weeks confirming new rates and details.

    Here are my questions:-
    1. In my Loan agreement it does not mention a tracker mortgage on a prevailing variable rate so where is he getting a tracker mortgage?

    2. What is the current KBC tracker rate?

    3. Should I start partying now or wait till I receive my letter confirming what customer service rep advised on the telephone?

    Cheers


«1345

Comments

  • Registered Users, Registered Users 2 Posts: 32 Dublinarea


    Wait till you get the letter. What they tell you on the phone means nothing.If you rang back two minutes later and got a different rep you would probably be told something different.

    Something similiar happened to me, told i was getting back on a tracker and asked for it to be sent out in a letter and when the letter arrived it said i will be going back on SVR.


  • Closed Accounts Posts: 21 petermurp


    I'd be amazed if they offered a tracker rate as all banks have withdrawn that product. You should have a look at your original Letter of Offer and see what the terms and condition say.....By the way, have you received the letter from KBC since your original post??


  • Registered Users, Registered Users 2 Posts: 2 Mr.G Reaper


    drinkpinkhorse,
    Im in the same boat as yourself, i rang KBC and was told that once im out of my fixed rate i would be placed on a tracker mortgage.
    Im too afraid to contact them back in case they have made a mistake, my fixed rate will be out at the begining of october, could you please let me know if your put on a tracker (because youll be out of your fixed rate before me)as it would really help me out to know if this worked for you.
    thanks
    G.R.


  • Registered Users, Registered Users 2 Posts: 89 ✭✭raglan


    Hi Drinkpinkhorse and Mr. G. Reaper,

    I am with KBC too. Can I ask when you took out mortgage with them were you on fixed rate from start or on tracker and then decided to fix?

    We had a tracker mortgage when we first took ours out and after getting letters with fixed rates in 2006, and rates rising decided to fix for 3 years. We have been on standard variable rate since as we were told then we couldn't get tracker back so just accepted it until recently....it was only in the last year that there had been huge publicity about banks trying to get people to come of tracker mortgages in numerous ways.

    Also, the Independent had an article last week about how banks should have been more clearer to their customers about long term effects of fixing etc....and that 3 banks still allow customers coming of fixed rate to retain their tracker mortgages and KBC was one. So on this basis I rang up KBC to try and see if we should have been put back onto tracker and they are looking into it....here's hoping!! I qouted from original paperwork a special condition relating to the loan being tracker and it states "over the term of the loan", in my eyes that means the full term apart from the term we fixed it for.
    Let us know how you get on, thanks.


  • Registered Users, Registered Users 2 Posts: 6 drinkpinkhorse


    Hi guys!

    Im still waiting on my letter and like you I do not want to tempt faith by ringing them about it! My fix rate ends in 9 days so I am waiting to hear from them. I dont know what to do and am patiently waiting.

    I read all documentation regarding my mortgage and nothing says tracker mortgage in it. My mortgage began in 2007 and we automatically fixed in 2007 as soon as we took it for 3 years.

    Fingers toes, legs and everything I can cross. If we go on a tracker we would be saving 700 a month! Big difference!

    DPH


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  • Registered Users, Registered Users 2 Posts: 89 ✭✭raglan


    Hi drinkpinkhorse,
    Did you receive letter from KBC yet?


  • Registered Users, Registered Users 2 Posts: 6 drinkpinkhorse


    My offer is due to start in November and not October! That was my error!

    Sorry very slow at replying but recieved letter today confirming rate of 2.25%!!!!!!!

    Saving of 670 a month!!!!!!

    Im on the beer for a few days now!

    :)


  • Registered Users, Registered Users 2 Posts: 89 ✭✭raglan


    Hi Drinkpinkhorse,

    Sooo Jealous! Great news for you.....I've been in contact with KBC but I don't hold my breath!


  • Registered Users, Registered Users 2 Posts: 6 drinkpinkhorse


    raglan wrote: »
    Hi Drinkpinkhorse,

    Sooo Jealous! Great news for you.....I've been in contact with KBC but I don't hold my breath!


    Have they mentioned that your on a tracker! If they have then your good to go!


  • Registered Users, Registered Users 2 Posts: 89 ✭✭raglan


    We were on a tracker when we got mortgage, but fixed in 2006 when rates were rising, everyone was saying to fix then but we were complete novices and weren't aware that fixing would cause us to lose tracker mortgage. So I've been onto them since and apparently each month they have different terms and conditions to their mortgages and we were unlucky the month we fixed as others who took out mortgages after and fixed have been allowed to roll off onto tracker. But in our original loan offer it states in the special conditions part that for the "term of the loan" it will be 1.1% above ECB rates.....so I'm arguing that the term of the loan is 30 years minus the period we'd fixed it for. I know its a long shot but just thin it so unfair when there wasn't the publicity then as there is now about holding onto tracker mortgages. But good luck to all who are able to get them!!


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  • Registered Users, Registered Users 2 Posts: 153 ✭✭DriverMad


    I also had a tracker mortgage and fixed in April 2007 for 5 years. Still have a bit to go. Would love to get back on a tracker but i thought it was not possible since I fixed.


  • Registered Users, Registered Users 2 Posts: 135 ✭✭Moocifer


    I too have been in contact with KBC over the end of my fixed term in January and I have also been told that I will go on to the Tracker rate. I'm still stunned but delighted with this news. Never thought in a million years it would happen.


  • Registered Users, Registered Users 2 Posts: 38 leighlinboy


    Hi Guys
    Im in the same boat as you all, have about 8 months left on a five year fixed and am wondering if i will get the tracker option at the end of it.
    One issue i can see is that i originally requested Tracker and the first month i was given a variable rate, i remedied this with them immediately and went on tracker from second month and continued on for a good few months before the rates shot up. Then i fixed for 5.
    Am interested to see if any of you have had any further news since.

    Wondering will i sit tight, or contact them and ask to get clarification, they said recently in the press that they would honour these etc after all the other banks said they wouldnt....so will they go back on this in the next 8 months. I only read today that they are in trouble ........


  • Registered Users, Registered Users 2 Posts: 107 ✭✭shnethb


    Hi

    I think im missing out here, I have a mortage with KBC, Due to finish a fixed term with them at the end of march, I rang the other day as I need to know what my mortage will look like after March and they said that they would not give me a tracker they would only offer me a variable or a fixed rate for 2,3,or 5 years,

    How do I convience them that they should give me a tracker???


  • Registered Users, Registered Users 2 Posts: 7,989 ✭✭✭Trampas


    shnethb wrote: »
    Hi

    I think im missing out here, I have a mortage with KBC, Due to finish a fixed term with them at the end of march, I rang the other day as I need to know what my mortage will look like after March and they said that they would not give me a tracker they would only offer me a variable or a fixed rate for 2,3,or 5 years,

    How do I convience them that they should give me a tracker???

    check your contract. It should say what you will go onto after your fix is up. They aren't going to give you a tracker.


  • Registered Users, Registered Users 2 Posts: 38 leighlinboy


    The reason i asked the question is that i was on a tracker before i went onto my 5 year fixed. I read about 9 months back that a number of financial institutions werent offering people their tracker back and were forcing them onto the variable rate, the variable rate was closer to the tracker rate back then, it certainly isnt now. KBC stated that they would honour this, was in the apers at the time.

    Several poster here have said that they were given the opportunity to go back onto the tracker when their fixed mortgage finished even within recent months.

    With the unrest there is with ECB and changing climate should i be getting confirmation they will still do this, as if they go down the route of the rest am i risking what their position will be 9 months time when mine is finished. Or should i be flagging it to them at all and hope to get the tracker back,im sure they are well aware of who went onto fixed mortgages from trackers and when they are finished.

    If u werent on the tracker before u got ur fixed i doubt they will offer u anything other than the variable rate.


  • Registered Users, Registered Users 2 Posts: 38 leighlinboy


    Im in two minds should i ring them up and clarify they will honour what they said in press or wait til the offer letter comes out..........


  • Registered Users, Registered Users 2 Posts: 89 ✭✭raglan


    leighlinboy,
    We to had tracker with KBC but fixed it in 2006 after being bombarded with letters about fixed rates, and naively did without knowing the full implications that we were losing our tracker by doing so as at the end of fixed rate we came of it onto standard variable rate. I too saw the paper articles about KBC still offering tracker rates for those coming of fixed rates, and after reading our documents I came across a few terms and conditions that could be interpreted differently regarding our loan and rang KBC up to try and get our tracker mortgage back. I also questioned how some other people on fixed rate mortgages were able to go onto tracker after being fixed......basically was told they were fixed from beginning of mortgage and it depended what month you took mortgage out whether you got to go on tracker afterwards or not as they had different terms for each month. My case was apparently put to a senior manager and I was told my rate would remain as it was. Due to feeling I had no positive outcome from dealing with KBC myself and also to feel I had tried my best and was sure my case had been looked at in detail I forward it to the Financial Ombudsman where it is at the minute.

    Most of the posters here who have came of fixed rates onto trackers had fixed mortgages from beginning, but it seems you ended up certain terms and conditions depending what month you took out your mortgage with them!


  • Closed Accounts Posts: 3 jaysey


    Raglan

    did you get any result from FSO regarding your KBC fix?. I am in a similar position and would apreciate a steer on how the process went.


  • Registered Users, Registered Users 2 Posts: 89 ✭✭raglan


    Hi Jaysey,
    Am in the final stages of process, should know final decision by November, I'll keep here updated.


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  • Closed Accounts Posts: 3 jaysey


    Wow that is slow. Did the Bank engage with you at all or does it all come down to the FSo investigation?


  • Registered Users, Registered Users 2 Posts: 89 ✭✭raglan


    Bank send their side of things to Ombudsman, but of course they not agreeing with my side of things. Final decision is Ombudsmans. Long waiting time is due to the number of complaints Ombudsman is getting. There is a thread on losing tracker mortgages when you fixed mortgage on www.askaboutmoney.ie, under one of the mortgage headings if you do a search. Others have won cases with Ombudsman, so gives some hope. Others haven't though.....


  • Closed Accounts Posts: 3 jaysey


    Hi Raglan

    I just noticed your general post of 10/10 saying you got bad news from FSo re your KBC fix.

    I thought you would win, can you tell me what they decided against you? Thanks.


  • Registered Users, Registered Users 2 Posts: 89 ✭✭raglan


    Hi,

    The Ombudsman's finding was that our argument was not a convincing one and that we had altered the original agreed rate, that we couldn't expect by fixing it to it to back on tracker after fixed period ended.

    I argued the bank didn't make it absolutely clear that we would lose tracker rate, and I quoted items from 2008 that was supposed to make banks make it absolutely clear to customers that they would lose trackers if fixing rate. I thought these new guidelines would help my case even though we fixed in 2006 but didn't seem to have any effect. Very disappointed and annoyed as we weren't very knowledgeable about mortgage jargon when we fixed but the fixed rate form we signed was severely lacking major warning signs and could have been made more customer informative by listing the implications of fixing and the implications of finishing the fixed rate and the effect on your mortgage rate.


  • Closed Accounts Posts: 1,076 ✭✭✭maxer68


    Hi Raglan - yopu'll know me from somewhere else!!:D -

    My KBC issue is in final stages and hope to have an outcome next month.

    According to family member, I have a good case because a special advisory states that the mortgage variable rate will not exceed 0.95% for the term of the mortgage.

    By taking a temporary 3 year fixed, I am only agreeing for that 3 year period that the rate will be at the fixed rate and that thereafter it reverts back to variable rate which clearly states will not exceed 0.95%.

    If Ombudsman finds against me, i am looking at taking other leagl action - this comes relatively cheap for me due to family connections.

    If you wish to meet up, we can compare original docs and see if we can help each other - pm me if you are interested.


  • Registered Users, Registered Users 2 Posts: 153 ✭✭DriverMad


    Just a concidence. I am just after getting off the phone with IIB . I had an advisory note on my offer later stating 1.25% over ECB REFI Rate. But because I signed a fixed rate agreement for 5 years it states that it is going back to the company variable rate.

    So I won't get the tracker


  • Closed Accounts Posts: 1,076 ✭✭✭maxer68


    DriverMad wrote: »
    Just a concidence. I am just after getting off the phone with IIB . I had an advisory note on my offer later stating 1.25% over ECB REFI Rate. But because I signed a fixed rate agreement for 5 years it states that it is going back to the company variable rate.

    So I won't get the tracker


    But that's the problem. Your main mortgage document has a note to say that the variable rate will never be more than 1.25% above the refi rate.

    Unless the fixed rate instruction specifically advises that it replaces any previous agreed rate, then you and many others have a case.

    The original document is the main document you and the ban replyon to ensure payment. The fixed rate intstruction is for a short term period of 3 or 5 years and shold only apply for that period.

    IIB tried to sneakily add in that it reverts to a standard variable rate, but does not state WHAT standard variable rate. According to my and probably your mortgage document, your mortgage is a standard variable rate mortgage where the standard rate of your mortgage is no more than 1.25% above the refi rate.


    If however, the fixed rate instruction has the phrase "The Bank's Standard Variable Rate" with standrad variable rate all being preceeded by block capitals showing that it is a specific product, then your case is weakened.

    I will wait until the ombudsman report and if not successful, I will more than likely be taking my own high court action and hopefully be joined by a few others to spread the cost.


  • Registered Users, Registered Users 2 Posts: 89 ✭✭raglan


    Hi Maxer68,

    Yes, I recognise you. I'll look at my documents again over weekend and get back to you with definite terms but I had special conditions attached to our mortgage that stated " will not go above ECB REFI rate.....for term of loan".

    On Mortgage Fixed Rate form, it stated that at end of fixed rate mortgage would revert to standard variable rate.....this was not in anyway outlined or with capitals and text was small on all of the sheet.
    I argued with Ombudsman that fact that "svr" wasn't highlighted by capitals or any warnings made that we would lose our tracker or about the future cost implications on our loan of fixing & losing tracker as according to newspaper reports in 2008 banks had to make absolutely clear to customers what outcome would be if they fixed rates. He didn't seem to side with anything. Most annoying thing I find is when I originally rang KBC to complain I was told that they offered different products different months to customers, some customers revert to tracker after fixing, some revert to variable. I didn't go looking to fix mortgage, they sent out letters to us each time there was a rate increase and offered "terrific" fixed rate terms, and us being green and naive and ignorant about mortgages fell for it. Know a helluva lot more now I'll update more at weekend.


  • Closed Accounts Posts: 1,076 ✭✭✭maxer68


    Hi raglan

    I'm meeting with family member this weekend specifically about this and with all paperwork and if she can't give a definite senior counsel opinion, she'll pass it on to someone who has experience in this and get it for me (at no cost!! :) ok, possibly a large box of chocs )

    Her initial reaction from phone conversations and general chit chat at family get togethers is in my favour. This weekend's chat however is professional and with all info being brught up for her to review and I assure you, if she thinks I'm wrong, she'll tell me.

    fingers crossed.


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  • Registered Users, Registered Users 2 Posts: 153 ✭✭DriverMad


    This is getting interesting.

    On my Fixed Rate Instructions it states:

    "Fixed rate repayments from the 1st May 2007 for the term as indicated above thereafter reverting to the company's standard variable rate."

    There is no bold, nothing that I will loose tracker...

    I rang and told me I will go on a variable rate not a tracker....

    What should I do now. Do I have any case????


  • Registered Users, Registered Users 2 Posts: 124 ✭✭Trevor Kent


    DriverMad wrote: »
    This is getting interesting.

    On my Fixed Rate Instructions it states:

    "Fixed rate repayments from the 1st May 2007 for the term as indicated above thereafter reverting to the company's standard variable rate."

    There is no bold, nothing that I will loose tracker...

    I rang and told me I will go on a variable rate not a tracker....

    What should I do now. Do I have any case????

    Were you on a fixed rate from the begining of your mortgage? My situation was that when I bought my house, I fixed the interest rate for 3 years. The contract I got stated that after the 3 years, my mortgage would default to a Tracker mortgage.

    Some people here seem to think they are still giving out tracker mortgages. They are not, they are only giving them to people who had contracts stating the mortgage would default to a tracker after the fixed term. The contract states they have to do this so they have no choice.

    I do feel sorry though for people who came off tracker mortgages back in the day onto fixed rate. Chances are your contract states you will default onto a standard variable rate once the fixed rate term ends.

    Anyone had experience from KBC trying to get you to change to a variable rate mortgage by giving you some sort of financial reward for doing so? I have not myself but I did hear that banks are trying this.


  • Closed Accounts Posts: 1,076 ✭✭✭maxer68


    I do feel sorry though for people who came off tracker mortgages back in the day onto fixed rate. Chances are your contract states you will default onto a standard variable rate once the fixed rate term ends.

    Hi Trevor

    The issue those who agreed trackers and who then took a 3 year / 5 year fixed is that KBC sent out unrequested forms with fixed rate deals, urging you to take a fixed rate out and not telling you that you would lose your tracker rate.

    I and many others believe that this was done on purpose as there was a greater margin on fixed rates than tracker rates.

    The key argument is the original mortgage document states very clearly that the variable rate will NEVER be more than 0.95% (or whatever agreed rate) above the ECB Refi rate. It does not say the word "tracker".

    I'm waiting on the ombudsman final report and I'm hoping for a positive outcome. I, thankfully, have access to senior counsel who specialises in this end for payment of no more than a box of good chocs:D for initial opinion and I may have some good news - but until I get the ombudsman report and get some other papers from KBC, I cannot divulge it. - But if what I suspect is true, there could be some real hope on the horizon for those duped into giving up their trackers.


  • Registered Users, Registered Users 2 Posts: 22 odonovanpm


    I am in the exact same situation; I fixed in 2006 with no mention on the fixed rate form that KBC would be revoking their price promise of +1.1% on the ECB [as you stated tracker is not mentioned].

    My loan agreement clearly states that (a) I am paying the "lenders variable rate", (b) the variable rate charged will be no more than 1.1% on the ECB, and (c) this rate will persist for the lifetime of the loan.

    I am waiting on the final verdict from the ombudsman which is due over the next few weeks.


  • Registered Users, Registered Users 2 Posts: 89 ✭✭raglan


    Hi Odonovanpm,

    I lost my case with FSO. Wording was almost exact as yours.....wishing you good luck...it would be good if some of us got a good response as it may set a turnaround in decision.


  • Registered Users, Registered Users 2 Posts: 22 odonovanpm


    Hey Raglan,

    I got the bad news yesterday; lost my case also. My opinion is the FSO are protecting the banks as if everyone with the same argument was to get their tracker back the banks would seriously struggle to cope. KBC failed to respond to the FSO in the time allowed and when I queried this it was greeted with a muted response.

    Before submitting my case I sought advice from three legal professionals that all agreed that I had a genuine case. There is little doubt that the faceless FSO process defuses some of the argument and makes communication of the details more difficult.

    KBC were very sure of themselves throughout and were confident that such cases would be dismissed. It may sound like bitter grapes [which it's not] but I believe that the entire system is corrupt and setup for the banks not to lose.

    Who knew that a 20 page legal contract could be completed altered by a single italicised line of text that did not state any changes?


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  • Registered Users, Registered Users 2 Posts: 89 ✭✭raglan


    Hi odonovanpm,

    Sorry to hear that.........I think you are dead right as I quoted stuff that I read on the Central Banks code of conduct that didn't seem to be met by KBC when they DUPED us....and didn't seem to matter. I queried also when KBC hadn't replied within the allocated time and was told that they allow for some delay!!


  • Closed Accounts Posts: 2 goldheart


    Hi I am new this form and very interesting reading ! My 5yr fixed rate is up this week with ptsb. I can not find anything in my mortgage contract that states tracker rate. I have a letter from 2007 witch states:

    " Please find attached the current options available to you, including our competiive tracker variable rate. If we do not receive a written instruction from you in relation to the above on or before jan 2007, we will automatically switch your loan to the tracker variable rate. "

    The bank never explained to us what a tracker was and we fixed for security reasons as at the time the rate was good. Now they want 8.75% to fix it for 5 yrs again which we wont be doing.

    Question 1 : Why were we automatically been put on tracker if we did not
    instruct the bank otherwise when it has no mention in our
    contract ?

    Question 2 : Are we entitled to ask to be put on tracker now as we have not
    been offered it this time and we are existing customers not new
    ones ?

    I have my doubts about it you dont know unless you ask so your help would be appreciated.


  • Closed Accounts Posts: 1,076 ✭✭✭maxer68


    goldheart wrote: »
    Hi I am new this form and very interesting reading ! My 5yr fixed rate is up this week with ptsb. I can not find anything in my mortgage contract that states tracker rate. I have a letter from 2007 witch states:

    " Please find attached the current options available to you, including our competiive tracker variable rate. If we do not receive a written instruction from you in relation to the above on or before jan 2007, we will automatically switch your loan to the tracker variable rate. "

    The bank never explained to us what a tracker was and we fixed for security reasons as at the time the rate was good. Now they want 8.75% to fix it for 5 yrs again which we wont be doing.

    Question 1 : Why were we automatically been put on tracker if we did not
    instruct the bank otherwise when it has no mention in our
    contract ?

    Question 2 : Are we entitled to ask to be put on tracker now as we have not
    been offered it this time and we are existing customers not new
    ones ?

    I have my doubts about it you dont know unless you ask so your help would be appreciated.

    I assume the mortage started in 2007 and you stared off with a fixed rate for 5 years.

    Its not for the bank to physically explain every rate, but they all had info on all the rates in various leaflets.

    In this case it seems you did not opt for tracker rate in the first instance and therefore as trackers no longer exist, you cannot get one now.

    But they shoudl give you other options including variable rate, 1 year fixed, 2 year fixed etc.

    Interest rates are going nowhere but down / stable over the next couple of years, so I'd probably take the risk of variable. - At 8.75%, the 5 year rate is stupidly high.


    AS for KBC - I am building a very strong case for trackers to be returned to those who were sent unsolicited fixed rate letters in 2006 and effectively duped out of the tracker rates. I can't say too much at present, but I have very positive initial legal opinion on the case and all papers and documentation are now being studied to build up a case that will initially be used in any reply to ombudsman and possibly thereafter in a high court action.


  • Closed Accounts Posts: 2 goldheart


    Thanks for the reply, the mortgage was took out in 2006 and as we were building we were drawing down stage payments until we fixed for 5 yrs in 2007. If we researched and went with tracker when offered it in 2007 we could be still on it now but thats the way things go. A lesson to be learned !


  • Registered Users, Registered Users 2 Posts: 89 ✭✭raglan


    Hi,

    I tried to send you an email but your inbox must to full.


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  • Registered Users, Registered Users 2 Posts: 38 leighlinboy


    Hi All

    Thanks for all the info to date. Im pretty much resigned to the nasty sting of going back onto the variable rate when this 5 year fixed weight around my neck is removed in a few months time. I too was bombarded with letters and it certainly swayed me a little.

    My next problem now is the variable rate that KBC are offering which is absolutely apalling. We are talking over 1% more than the AIB rate. 4.34 APR versus 3.29 i think

    What is the current situation re switching providers, i know they have tightened up, has to be 80% ltv minimum ive read in some quarters.

    Has anyone explored this avenue..........


  • Registered Users, Registered Users 2 Posts: 38 leighlinboy


    I wonder will the permanent tsb decision today withdrawing their appeal have any knock on effect on other banks, namely Kbc... Didn't appeal myself in the end, but appears 2000 others that didn't could be re compensated...


  • Registered Users, Registered Users 2 Posts: 153 ✭✭DriverMad


    I wonder will KBC do anything? I made a complaint to the bank 2 years ago about but I did not follow it up with the ombudsman within the 15 days.

    I wonder can I do anything now?


  • Registered Users, Registered Users 2 Posts: 1 havertyf


    Hi

    We lost our tracker with KBC in the exact same circumstances as alot of other people on this thread. Fixed in 2006 for two years and when that finished went onto a variable rate. We only had the tracker rate for the first 3 months of our 35 year mortgage. We went to the FSO and lost that too. We felt our case was strong and senior council advised we had a 50% chance in court after we lost with the FSO. It would cost 40K euro to find out though. We signed our fixed rate term with IIB using their fixed rate term document, KBC subsequently bought IIB and beefed up alot of their documentation.

    We compared IIB and KBC's fixed rate documents and it was clear that the IIB document was lacking in clarity compared to the updated KBC version. There was no doubt what would have been the situation if we had used the KBC fixed rate document.

    In the argument against us by the FSO, they actually agreed with us on the lack of clarity of the IIB document which could give rise to confusion but their decision was based on the fact we should have known what "reverting to company's standard variable rate" would mean. Subseqently, I have tracked cases where the FSO have found in favour of the mortgage holders due to confusing documentation provided by the Irish owned banks. What's that about!

    My feeling at the time we lost the FSO case was that KBC was not an Irish bank. Our original mortgage was with IIB who were part of Bank of Ireland and our documentation signed for the fixed rate was before KBC came in. I want to believe in the impartiality of the FSO but I'd like to know what is the overriding difference between the cases brought to the FSO relating to KBC trackers being lost compared to cases relating to Bank of Ireland, AIB and PSTB.

    Is there any chance KBC are going to give us back our tracker, I'd say almost no chance ... why would they. There is nobody going to put the pressure on them to do it plus they have all these positive outcomes backed up by the various FSO cases brought against them.

    Finally, as a KBC representative told me on the phone one time, "listen, the tracker is gone" effectively telling me to get over it, deal with it. I stopped feeling sick about it years ago, if we magically happen to get it back now, it will be a bonus.


  • Registered Users, Registered Users 2 Posts: 38 leighlinboy


    Hi There

    Im guessing no , seem to be a very specific set of circumstances at a particular time.

    There are differing reports , and the papers are saying different things

    One saying banks will be under pressure to reviews cases where they didn’t indicate the implications of going back to the low rate tracker (generic statement)

    Other saying it’s just in the exact case with TSB where they broke the 5 year tracker early and bank didn’t honour commitment to renew tracker

    My own case was different in that I was bombarded with letters to go fixed as the ECB rate was flying up,so I fixed for 5 years, hoped id get tracker after that but low and behold variable arrived

    Reverting to SVR at end of the term was there in (very) small print at the top ,wasnt to know tracker wouldn’t exist as a product,.and with variables at roughly the same rate at the probably didn’t think twice, was under pressure to fix as they were going up every month.

    So im not holding my breath to be honest.

    The thing that sickens me is that when I first signed for my mortgage they put me on a variable when I requested a tracker form the mortgage advisor,had to get it changed in the first month , as if they were after the tracker from literally day one before first payment was taken.

    I didn’t make a complaint as I seen may others on this page do it and other threads and

    Reading plenty of comments saying anyone that stupid to give up their tracker doesn’t deserver to get it back , did a degree in business and finance , panic makes people rush decisions,
    so ive given up feeling stupid at this stage 

    Best of luck to anyone that gets something back, hope we all do by some miracle


  • Registered Users, Registered Users 2 Posts: 22 odonovanpm


    I thought all those treated unfairly by KBC and not offered an option to go back on a tracker rate after being bombarded with fixed rate offers might find it interesting to know the central bank are getting all banks to setup a framework to review these cases by March 2016.

    It is unclear whether cases that have gone through the financial ombudsman process will be reviewed.


  • Registered Users, Registered Users 2 Posts: 38 leighlinboy


    odonovanpm wrote: »
    I thought all those treated unfairly by KBC and not offered an option to go back on a tracker rate after being bombarded with fixed rate offers might find it interesting to know the central bank are getting all banks to setup a framework to review these cases by March 2016.

    It is unclear whether cases that have gone through the financial ombudsman process will be reviewed.

    Thanks for the update is there any link to this ? Was wondering if they could put some concrete timeframe around it..


  • Registered Users, Registered Users 2 Posts: 22 odonovanpm


    There is an article on the RTE news app about this today.


  • Closed Accounts Posts: 982 ✭✭✭VincePP


    I wouldn't throw the towel in on thius.

    New governor of Central Bank has taken this very seriously and is in the midst of a major investigation.

    AIB have now put over €100m aside to cover rebates on their trackers coming from the central bank investigation. http://www.independent.ie/business/personal-finance/property-mortgages/aibs-customers-in-line-for-65000-tracker-payouts-34510461.html

    Central Bank also has taken 500 case reports from ombudmans as the beive there were grevious errors. Next report is due at end of April.

    If the ombudsman had actually read the Central Bank code of conduct and had applied it, then outcomes would have been different. Instead the ombudsman (mostly banker representatives) purely looked at the paperwork and never even glanced at the code of conduct (code form part of banking regulation). Thankfully the Central Bank does not have to adhere to a 6 year rule.

    With AIB coming clean so quickly, KBC is probably not far behind.

    Lets just say its better than 50/50 at this stage.


  • Registered Users, Registered Users 2 Posts: 153 ✭✭DriverMad


    My request was rejected by the ombudsman.

    I am not entitled as I signed a fixed rate form with KBC so it was ruled out.


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