Related provisions for MCOB 11.4.3
1 - 7 of 7 items.
(1) Except as provided in MCOB 11.6.3 R, MCOB 11.6.57 R (Interest roll-up mortgages) and MCOB 11.7 (Transitional arrangements):(a) before entering into, or agreeing to vary, a regulated mortgage contract or home purchase plan, a firm must assess whether the customer (and any guarantor of the customer's obligations under the regulated mortgage contract or home purchase plan) will be able to pay the sums due; and(b) the firm must not enter into the transaction in (a) unless it can
(1) MCOB 11.6.2 R does not apply to:(a) entering into a new regulated mortgage contract or home purchase plan as a replacement for an existing regulated mortgage contract or home purchase plan between the customer and the firm (either as the original mortgage lender or home purchase provider or as the transferee of the existing contract), whether or not the new contract relates to the same property; or(b) a variation of an existing regulated mortgage contract or home purchase
When considering entering into or varying a regulated mortgage contract or home purchase plan, a firm need not apply the rules in MCOB 11.6.2 R to MCOB 11.6.18 R inclusive (as modified by MCOB 11.6.25 R to MCOB 11.6.31 R and MCOB 11.6.33 R to MCOB 11.6.38 R, where applicable) if it has established, acting reasonably, that the following conditions are satisfied:(1) the customer has: (a) an existing regulated mortgage contract (whether or not entered into on or after 31 October
(1) This chapter requires a firm to treat customers fairly by assessing, before deciding to:(a) enter into a regulated mortgage contract or home purchase plan; or(b) vary a regulated mortgage contract or home purchase plan;whether the customer will be able to repay the sums borrowed and interest (in the case of a regulated mortgage contract) or pay the sums due (in the case of a home purchase plan).(2) This chapter aims to ensure that customers are not exploited by firms that