MCOB 13.4 Arrears: provision of information to the customer of a regulated mortgage contract1

If a customer falls into arrears on a regulated mortgage contract, a firm must as soon as possible, and in any event within 15 business days of becoming aware of that fact, provide the customer with the following in a durable medium:

1. (1)

   the current moneymadeclear information sheet “Just the facts about problems paying your mortgage”;2

2. (2)

   a list of the due payments either missed or only paid in part;

3. (3)

   the total sum of the payment shortfall;

4. (4)

   the charges incurred as a result of the payment shortfall;

5. (5)

   the total outstanding debt, excluding charges that may be added on redemption; and

6. (6)

   an indication of the nature (and where possible the level) of charges the customer is likely to incur unless the payment shortfall is cleared.

If a customer's account has previously fallen into arrears within the past 12 months (and at that time the customer received the disclosure required by MCOB 13.4.1 R), the arrears have been cleared and the customer's account falls into arrears on a subsequent occasion a firm must either:

1. (1)

   issue a further disclosure in compliance with MCOB 13.4.1 R; or

2. (2)

   provide a statement, in a durable medium, of the payments due, the actual payment shortfall, any charges incurred and the total outstanding debt excluding any charges that may be added on redemption, together with information as to the consequences, including repossession, if the payment shortfall is not cleared.

Before commencing action for repossession, a firm must:

1. (1)

   provide a written update of the information required by MCOB 13.4.1 R(2), (3), (4), (5) and (6);

2. (2)

   ensure that the customer is informed of the need to contact the local authority to establish whether the customer is eligible for local authority housing after his property is repossessed; and

3. (3)

   clearly state the action that will be taken with regard to repossession.