MCOB 9.8 Disclosure after sale

The statement required by MCOB 7.5.1 R must contain the following information:

1. (1)

   except in the case of mortgage credit cards, information on the type ofregulated lifetime mortgage contract, (for example, fixed rate or variable rate) including a clear statement of how the firm expects the capital, or capital and interest (whichever is applicable) to be repaid (for example, from the proceeds of the sale of the property);

2. (2)

   details of the following transactions and information on the regulated lifetime mortgage contract during the period since the last statement (or, where the statement is the first statement, since the customer entered into the regulated lifetime mortgage contract):

   1. (a)

      (if applicable) the date and amount of each payment made by the customer;

   2. (b)

      (if applicable) the amount of each payment that was due from the customer during the statement period;

   3. (c)

      for drawdown mortgages, the date and amount of each payment made to the customer;

   4. (d)

      the rates(s) of interest applicable to the regulated lifetime mortgage contract during the statement period and, if applicable, the date(s) on which the rate(s) of interest changed;

   5. (e)

      the amount of interest charged under the regulated lifetime mortgage contract during the statement period; and

   6. (f)

      any other amounts charged under the regulated lifetime mortgage contract during the statement period, including fees and any amounts due in relation to tied products;

3. (3)

   where it is possible for arrears to occur, a reminder that the customer should contact the firm if they are unable to make their regular payments under theregulated lifetime mortgage contract; and

4. (4)

   information at the date the statement is issued on:

   1. (a)

      the amount owed by the customer under the regulated lifetime mortgage contract;

   2. (b)

      the date at which any early repayment charges on the regulated lifetime mortgage contract cease to apply, and the circumstances under which they will not apply;

   3. (c)

      where applicable, the early repayment charge that applies, expressed as a monetary amount (see MCOB 9.4.83 R);

   4. (d)

      the cost of redeeming the regulated lifetime mortgage contract at the date that the statement is issued (this must be shown as the sum of MCOB 9.8.1 R(4)(a) and MCOB 9.8.1 R(4)(c) plus any linked borrowing that cannot be retained (including the outstanding balances) plus any other charges that can be quantified at the date the statement is issued). If additional charges are payable that cannot be quantified at the point that the statement is issued (for example if the customer is in arrears) a warning must be included to that effect; and1

   5. (e)

      where applicable, the date on which the requirement for the customer to purchase any tied products from the firm comes an end.

Where a firm provides a customer with a statement containing the information set out in MCOB 9.8.1 R(2) more frequently than once a year, the information set out in MCOB 9.8.1 R(1), MCOB 9.8.1 R(3) and MCOB 9.8.1 R(4) may be provided in a separate communication, but must be provided at least once a year.

A firm must give the customer reasonable notice, in advance, of any of the following:

1. (1)

   any changes to the payments that the customer is required to make (where payments are required, and whether or not they are collected by deduction from the income provided by a linked investment product such as annuity) resulting from interest rate changes;

2. (2)

   the exercising of the firm's right (if allowed by the terms of the regulated lifetime mortgage contract ) to enter the property to carry out essential repairs and maintenance (the cost must be confirmed to the customer where this will be added to the mortgage debt); and

3. (3)

   any material change by the firm (other than changes which come within MCOB 7.6.2 R or are included in MCOB 9.8.3 R(1) and (2)) to the terms and conditions of theregulated lifetime mortgage contract, where that change is permitted without the customer's prior consent.

The illustration provided in accordance with MCOB 7.6.7 R must;

1. (1)

   be based on the amount of the further advance only;

2. (2)

   use the term 'additional borrowing' in place of the term 'lifetime mortgage' where appropriate throughout the titles and text of the illustration;

3. (3)

   include an additional section headed: 'Total borrowing' and numbered '9' after Section 8, (with subsequent sections of the illustration renumbered accordingly) including the following text:

   1. (a)

      "This section gives you information about how your lifetime mortgage will be affected by taking out this additional borrowing. Talk to [your mortgage lender] [insert name of mortgage lender] if you are not sure of the details of your current lifetime mortgage.";

   2. (b)

      a clear statement explaining the total amount that the customer will owe if he takes out the additional borrowing; and,

      1. (i)

         where payments are required on theregulated lifetime mortgage contract, what the customer's new payments will be; or

      2. (ii)

         where the regulated lifetime mortgage contract is a roll-up of interest mortgage, the effect on the amount the customer would owe at the end of the estimated term and details of the estimated term that has been used (see MCOB 9.8.6 G for guidance on the estimated term).

MCOB 9.4.18 R is replaced with the following: "Section 1: 'About this information' Under the section heading 'About this information', the following text must be included:"We are required by the Financial Services Authority (FSA) - the independent watchdog that regulates financial services - to provide you with this illustration. All firms selling lifetime mortgages are required to give illustrations, like this one, that contain similar information presented in the same way."

If a customer requests, or agrees to, a change to a regulated lifetime mortgage contract (other than a change as described in MCOB 7.6.7 R to MCOB 7.6.27 R (as modified by MCOB 9)) that changes the amount of each payment due (where payments are required), a firm must provide the customer with the following information, in a single communication, before the change takes effect:

1. (1)

   the amount outstanding on the regulated lifetime mortgage contract at the date the change is requested;

2. (2)

   the payment due and the frequency of payments; where it is known that the payment will change (for example at the end of a fixed rate period), the new payment and the date of the change must also be shown;

3. (3)

   the rate of interest applying to theregulated lifetime mortgage contract; where it is known that the rate of interest will change, the new rate and the date of the change must also be shown;

4. (4)

   the type of interest rate (for example fixed, or discounted); where it is known that the type of interest rate will change the new type and the date of the change must also be shown;

5. (5)

   details of any charges that apply for changing the regulated lifetime mortgage contract.

If a customer requests, or agrees to, a change to a regulated lifetime mortgage contract (other than a change as described in MCOB 7.6.7 R to MCOB 7.6.27 R (as modified by MCOB 9)) that changes the amount paid to the customer under a drawdown mortgage, or the amount that the customer will owe under a roll-up of interest mortgage, or both, a firm must provide the customer with the following information, in a single communication, before the change takes effect:

1. (1)

   the amount outstanding on the regulated lifetime mortgage contract at the date the change is requested;

2. (2)

   (if applicable) the revised amount to be paid to the customer under the drawdown mortgage and the frequency of payments;

3. (3)
   1. (a)

      an estimate of the revised amount that will be owed at the end of the term; or

   2. (b)

      (if the original term has expired) a revised estimate;

   in accordance with MCOB 9.4.10 R;

4. (4)

   the rate of interest applying to theregulated lifetime mortgage contract; where it is known that the rate of interest will change, the new rate and the date of the change must also be shown;

5. (5)

   the type of interest rate (for example fixed, or discounted); where it is known that the type of interest rate will change the new type and the date of the change must also be shown; and

6. (6)

   details of any charges that apply for changing the regulated lifetime mortgage contract.