Related provisions for PERG 4.8.2
101 - 120 of 153 items.
Where the regulated mortgage contract is for a business purpose or is with a high net worth mortgage customer4, a firm may as an alternative to MCOB 13.4.1 R(1) provide the following information in a durable medium instead of the Money Advice Service3information sheet “Problems3 paying your mortgage”:233(1) details of the consequences if the payment shortfall4 is not cleared;4(2) a description of the options available to the customer for clearing the payment shortfall4; and4(3)
(1) Principle 6 requires a firm to pay due regard to the interests of its customers and treat them fairly. A firm is also under an obligation, as a consequence of this sourcebook's disclosure requirements,1 to make charges transparent to customers. This chapter reinforces these requirements by preventing a firm from imposing unfair and excessive charges.1(2) The level of charges under a regulated mortgage contract,2home reversion plan1 or regulated sale and rent back agreement2
(1) 2This chapter amplifies Principle 6 (Customers' interests), Principle 7 (Communications with clients) and Principle 9 (Customers: relationships of trust). (2) The purpose of this chapter is to ensure that: (a) customers are adequately informed about the nature of the service they may receive from a firm in relation to equity release transactions. In particular firms need to make clear to customers the range of equity release transactions available from them and the basis of
In relation to an MCD regulated mortgage contract, where there is an auction on the capital markets which will, or might reasonably be expected to, result in an interest-rate change, the firm must give the consumer, in good time before the auction, notice in a durable medium of:(1) the upcoming procedure for the auction; and(2) an indication of how the interest rates could be affected.[Note: article 27(4) of the MCD]
This chapter applies:(1) if a firmenters into a regulated mortgage contract or home purchase plan with a customer; or(2) if a firm varies an existing regulated mortgage contract or home purchase plan; and throughout the term of any regulated mortgage contract or home purchase plan which a firm has entered into.
(1) An MCD mortgage lender must give a consumer who enters into an MCD regulated mortgage contract the right to discharge fully or partially his obligations under that MCD regulated mortgage contract prior to its expiry.(2) If the consumer exercises the right in (1), the MCD mortgage lender must reduce the total cost of the credit to the consumer by an amount equal to the interest and costs for the remaining duration of the MCD regulated mortgage contract.[Note: article 25(1)
(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
If a firm makes an offer to a consumer with a view to entering into or varying an MCD regulated mortgage contract which is a distance contract, it must provide the consumer with the following information with the offer document:(1) the EEA State or states whose laws are taken by the firm as a basis for the establishment of relations with the consumer prior to the conclusion of the MCD regulated mortgage contract;(2) any contractual clause on law applicable to the MCD regulated
(1) The purpose of MCOB 5.3.1 R, taken in conjunction with other rules in this chapter, is to ensure that the customer has received details of the particular home finance transaction for which he has applied, and has had the opportunity to satisfy himself that it is appropriate for him.1(2) In relation to a regulated mortgage contract, the application should identify the type of interest rate, rate of interest, and the mortgage lender at the point it is submitted by the customer
(1) MCOB 5 amplifies Principle 6 and Principle 7.1(2) The purpose of MCOB 5 is to ensure that, before a customer submits an application for a particular home finance transaction1, he is supplied with information that makes clear:1(a) (in relation to a regulated mortgage contract) its features, any linked deposits, any linked borrowing and any tied products; and11(b) the price that the customer will be required to pay under that home finance transaction, 1to enable the customer
Where the borrowing rate under an MCD regulated mortgage contract is variable, the MCD mortgage lender must:(1) ensure that any index or reference rate used to calculate that rate is clear, accessible, objective and verifiable by the parties to the MCD regulated mortgage contract and the FCA; and(2) keep a record of the index or reference rate used to calculate that rate for as long as the MCD regulated mortgage contract remains outstanding.[Note: article 24 of the MCD]
(1) Where the amount of the credit to be provided under the agreement cannot be ascertained at the date of the making of the agreement:(a) in the case of an agreement for running-account credit under which there is a credit limit, that amount must be taken to be that credit limit; and(b) in any other case, that amount shall be taken to be £100.(2) Where a mortgage lender makes a further advance to the customer in addition to the amount originally borrowed under the regulated mortgage
(1) In relation to a lifetime mortgage2, where the APR is calculated for the purpose of a financial promotion3 it must be assumed that the credit is being provided for a period of 15 years beginning with the relevant date.23(2) In relation to a lifetime mortgage2, where the APR is calculated for the purpose of an illustration, the period for which the credit is to be provided must be calculated in accordance with MCOB 9.4.10 R or MCOB 9.4.12 R.2(3) Where, in any other case, the
(1) Regulations 3(1) 8and (2) of the Appointed Representatives Regulations make it a requirement that the contract between the firm and the appointed representative (unless it prohibits the appointed representative from representing other counterparties) contains a provision enabling the firm to:488(a) impose such a prohibition; or(b) impose restrictions as to the other counterparties which the appointed representative may represent, or as to the types of investment in relation
4(1) The effect of SUP 12.5.6A R (1)(a) is that, in relation to designated investment business with retail clients7, appointed representatives are restricted to one principal.47(1A) The effect of SUP 12.5.6A R (1A) is that tied agents are restricted to one principal when acting as such. A tied agent who has a MiFID investment firm or a third country investment firm as a principal may have other principals who are not MiFID investment firms or third country investment firms.8(2)
(1) A consideration of the customer's benefits position will need to focus on whether, by entering into the proposed regulated sale and rent back agreement, his entitlement to means-tested benefit will be adversely affected because of his receipt of the net proceeds of sale (if any) of the property. The customer's possible loss of entitlement to claim housing benefit should also be assessed. Where a firm has insufficient knowledge of means-tested and housing benefits to reach
The effect of MCOB 4.11.9R is that a SRB agreement provider is expected to advise2 in relation to a particular regulated sale and rent back agreement, unless it is reasonable for it to rely on another firm with permission to advise on regulated sale and rent back agreements,2 to have done so in relation to a particular transaction.2
Table Controlled activities
1. |
Accepting deposits |
2. |
Effecting and carrying out contracts of insurance |
3. |
Dealing in securities and contractually based investments |
4. |
Arranging deals in investments |
4A.4 |
|
104B. |
Credit broking |
104C. |
Operating an electronic system in relation to lending |
5. |
Managing investments10 |
105A. |
Debt adjusting |
105B. |
Debt counselling |
6. |
Safeguarding and administering investments |
7. |
Advising on investments |
8. |
Advising on syndicate participation at Lloyd's |
9. |
Providing funeral plan contracts |
10. |
Providing qualifying credit |
11.3 3 |
Arranging qualifying credit etc |
12.3 3 |
Advising on qualifying credit etc10 |
1012A. |
Providing relevant consumer credit |
1012B. |
Providing consumer hire |
313. |
Providing a home reversion plan |
314. |
Arranging a home reversion plan |
315. |
Advising on a home reversion plan |
316. |
Providing a home purchase plan |
317. |
Arranging a home purchase plan |
318. |
Advising on a home purchase plan |
718A. |
Providing a regulated sale and rent back agreement |
718B. |
Arranging a regulated sale and rent back agreement |
718C. |
Advising on a regulated sale and rent back agreement |
19.3 3 |
Agreeing to do anything in 3 to 18C7 above 37 |
Table Controlled investments
1. |
A deposit. |
2. |
Rights under a contract of insurance. |
3. |
Shares etc. |
4 |
Instruments creating or acknowledging indebtedness (referred to in the Glossary as debentures and alternative debentures).9 |
5. |
Government and public securities. |
6. |
Instruments giving entitlement to investments (referred to in the Glossary as warrants). |
7. |
Certificates representing certain securities. |
8. |
Units in a collective investment scheme. |
9. |
Rights under a stakeholder pension scheme or a personal pension scheme2. |
10. |
Options. |
11. |
Futures. |
12. |
Contracts for differences etc. |
13. |
Lloyd's syndicate capacity and syndicate membership. |
14. |
Funeral plan contracts |
15. |
Agreements for qualifying credit |
316. |
Rights under a home reversion plan. |
317. |
Rights under a home purchase plan. |
717A. |
Rights under a regulated sale and rent back agreement 10 |
1017B. |
Rights under a relevant credit agreement (including rights under a paragraph 4C agreement) |
1017C. |
Rights under a consumer hire agreement |
18.3 3 |
Rights to or interests in anything falling under 1 to 143 above. 3 |
5A mortgage lender may only include, or rely on, a term in a regulated mortgage contract which permits it to change the rate of interest from a fixed, discounted or other concessionary rate to the firm's standard variable rate in the event of a breach of contract if each of the following conditions is met:(1) the breach of contract is material; (2) the breach of contract is unrelated to a payment shortfall; and(3) that standard variable rate is not an interest rate created especially
This chapter applies in relation to:(1) home finance activities;11(1A) to4 the extent specified in MCOB 2.1.2 R, regulated sale and rent back activity;34(2) those activities in MCOB 12 and MCOB 13 that are carried on after a regulated mortgage contract or home purchase plan1 has come to an end following the sale of a repossessed property, and those activities in MCOB 12 that are carried on after a home reversion plan has ended for any reason1; and(3) the communication or approval