Lifetime Mortgage: product disclosure

Part

MCOB Mortgages: Conduct of Business

Chapter

Lifetime Mortgage: product disclosure

Printed on: 22/11/2024

Rulebook at: 01/12/2004

MCOB 9

Lifetime Mortgage: product disclosure

MCOB 9.1

Application

01/12/2004

Who?

MCOB 9.1.1

This chapter applies to a firm in a category listed in column (1) of the table in MCOB 9.1.2 R in accordance with column (2) of that table.

31/10/2004

MCOB 9.1.2

This table belongs to MCOB 9.1.1 R

(1) Category of firm

(2) Applicable section

mortgage lender

MCOB 9.1 - 9.7

mortgage administrator

MCOB 9.1 - 9.4
MCOB 9.8

mortgage adviser

MCOB 9.1 - 9.4

mortgage arranger

MCOB 9.1 - 9.4

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What?

MCOB 9.1.3

This chapter applies in the circumstances set out in other rules in MCOB, but in relation to a regulated lifetime mortgage contract, in accordance with the table in MCOB 9.1.4 R.

31/10/2004

MCOB 9.1.4

This table belongs to MCOB 9.1.3 R

Section of MCOB 9

Applies in relation to a regulated lifetime mortgage contract as set out in the following MCOB rules:

MCOB 9.1, MCOB 9.2

all of the rules below

MCOB 9.3, MCOB 9.4

MCOB 5.1.3 R

MCOB 9.5

MCOB 6.1.3 R

MCOB 9.5

MCOB 7.1.3 R

31/10/2004

MCOB 9.1.5

In this chapter, references to a regulated lifetime mortgage contract include, where the context requires, references to arrangements which are capable of becoming a regulated lifetime mortgage contract.

31/10/2004

MCOB 9.2

Purpose

01/12/2004

MCOB 9.2.1

The purpose of the requirements in this chapter is the same as that in MCOB 5.2, MCOB 6.2 and MCOB 7.2 in respect of regulated lifetime mortgage contracts.

31/10/2004

MCOB 9.3

Pre-application disclosure

01/12/2004

MCOB 9.3.1

(1) MCOB 5.1 to MCOB 5.5 (with the modifications stated in MCOB 9.3.2 R to MCOB 9.3.12 R) apply to a firm where the regulated mortgage contract is a regulated lifetime mortgage contract.
(2) The table in MCOB 9.3.2 R shows how the relevant rules and guidance in MCOB 5 must be modified by replacing the cross-references with the relevant cross-references to rules and guidance in MCOB 9.3 and MCOB 9.4.
(3) The table in MCOB 9.3.3 R replaces certain rules and guidance in MCOB 5 with rules and guidance from MCOB 9.3 and MCOB 9.4.
(4) The table in MCOB 9.3.4 R disapplies certain rules in MCOB 5 for the purposes of MCOB 9.

31/10/2004

MCOB 9.3.2

Table of modified cross-references to other rules.

This table belongs to MCOB 9.3.1 R.

Subject

Rule or guidance

Reference in rule or guidance

To be read as a reference to:

Variations

MCOB 5.1.3R(2)

MCOB 7

MCOB 7 as modified by MCOB 9

Part of loan not a regulated lifetime mortgage contract

MCOB 5.1.9G

MCOB 5.6.6R(2)

MCOB 9.4.6R(2)

Waiver of provisions

MCOB 5.1.10G

MCOB 5.6

MCOB 9.4.

Purpose

MCOB 5.2.1G

MCOB 5

MCOB 5 as modified by MCOB 9

Applying for a regulated lifetime mortgage contract

MCOB 5.3.2G

MCOB 5.6.26R and MCOB 5.6.27R

MCOB 9.4.26R and MCOB 9.4.27R

Tied products

MCOB 5.4.24G

MCOB 5.6.74R

MCOB 9.4.73R

Issue of offer document in place of illustration

MCOB 5.5.3G

MCOB 6.4 and MCOB 6.6

MCOB 6.4 and MCOB 6.6 as modified by MCOB 9

Customer's credit record

MCOB 5.5.16R

MCOB 5.5.15R(4)

MCOB 9.3.12R(3)

31/10/2004

MCOB 9.3.3

Table of rules in MCOB 5 replaced by rules in MCOB 9: This table belongs to MCOB 9.3.1R

Subject

Rule(s) or guidance

Rule(s) or guidance replaced by:

Accuracy of the illustration

MCOB 5.4.2R - MCOB 5.4.7G

MCOB 9.3.5R - MCOB 9.3.10G

Information that is not an illustration

MCOB 5.4.14R

MCOB 9.3.11R

Providing an illustration

MCOB 5.5.15R -

MCOB 9.3.12R -

Content of illustration

MCOB 5.6

MCOB 9.4

31/10/2004

MCOB 9.3.4

Table of rules in MCOB 5 which do not apply to MCOB 9: This table belongs to MCOB 9.3.1R.

Subject

Rule(s)

Illustrations for repayment mortgages and interest-only mortgages

MCOB 5.5.13R

Business loans

MCOB 5.7

31/10/2004

MCOB 9.3.5

An illustration on a particular regulated lifetime mortgage contract issued by, or on behalf of a mortgage lender, must be an accurate reflection of the costs of the regulated lifetime mortgage contract.

31/10/2004

MCOB 9.3.6

A mortgage intermediary must take reasonable steps to ensure that an illustration which it issues, or which is issued on its behalf, other than that provided by a mortgage lender:

(1) is accurate within the following tolerances:

(a) no more than one percent or £1, whichever is the greater, below the actual figures charged by the mortgage lender for the following:

(i) the total amount payable in Section 15 of the illustration;
(ii) the amounts that the customer must pay by regular instalment (where payments are required), or the amounts of interest charged, in Section 8 of the illustration; and
(iii) the amount by which the regular instalment, or the estimated amount owed, would increase following a one percentage point increase in interest rates in Section 9 of the illustration.

(b) the APR in Section 15 of the illustration cannot be understated by more than 0.1%; and

(2) except in the case of conveyancing fees and insurance premiums (where estimates may be used), is accurate in respect of other figures quoted in the illustration including fees payable to the mortgage lender or mortgage intermediary in Section 11 and cash examples of early repayment charges, calculated in accordance with the rules at MCOB 9.4.83 R to MCOB 9.4.88 R, in Section 13.

31/10/2004

MCOB 9.3.7

Given that the APR is presented as a percentage, and must be rounded to one decimal place in accordance with MCOB 10 (Annual Percentage Rate), firms should note that the tolerance allowed for the APR in MCOB 9.3.6 R(1)(b) means that, for example, where the actual APR is 5.0%, the quoted APR must be no lower than 4.9%, or where the actual APR is 16.0%, the quoted APR must be no lower than 15.9%.

31/10/2004

MCOB 9.3.8

There are no restrictions on figures which are quoted as higher than those actually charged by the mortgage lender although this should not be purposely done in order to make one regulated lifetime mortgage contract look more expensive than another.

31/10/2004

MCOB 9.3.9

It is the responsibility of a mortgage intermediary to ensure compliance with MCOB 9.3.6 R. However, where a firm can show that it was reasonable for it to rely on information provided to it by another person, other than the mortgage lender, that an illustration was within the tolerances described in MCOB 9.3.6 R, he may be able to rely on MCOB 2.5.2 R, if this turns out not to be the case.

31/10/2004

MCOB 9.3.10

An offer document may not always exactly match the illustration provided before application even when the loan requirements have not changed. For example, where a fixed rate has a defined end date, the total amount payable may be different because the number of payments at the fixed rate has reduced, or the estimated amount of interest to be charged has changed, assuming a later date at which the regulated lifetime mortgage contract will start.

31/10/2004

MCOB 9.3.11

Where MCOB 5.4.13 R(2) applies:

(1) if the customer initiates the accessing of quotation information on screen (for example, by using the internet or interactive television), the following warning must be displayed equally prominently on each page on screen: This information does not contain all of the details you need to choose a lifetime mortgage. Make sure that you read the separate key facts illustration before you make a decision.
(2) a firm must not provide a customised print function where the information on the screen would not be in the form of an illustration if the information were printed in hard copy.

31/10/2004

MCOB 9.3.12

In meeting a request under MCOB 5.5.1 R(2)(c), the firm must not delay the provision of the illustration by requesting information other than:

(1) the information necessary to personalise the illustration in accordance with MCOB 9.4.6 R, if the firm does not already know it;
(2) where the firm acts in accordance with MCOB 5.5.11 R (2), such information as is necessary to ascertain whether or not the contract will be a regulated lifetime mortgage contract;
(3) where the interest rates, payments (if required) or any other terms and conditions to be included in the illustration are dependent on the customer's credit record, such information as is necessary to produce an illustration;
(4) where the firm includes a quotation for any tied products or compulsory insurance in the illustration, such information as is necessary to produce those quotations; and
(5) where the customer agrees to receive a quotation for insurance in the illustration (other than that provided for in (4)), such information as is necessary to produce those quotations

31/10/2004

MCOB 9.4

Content of illustrations

01/12/2004

Purpose

MCOB 9.4.1

MCOB 9.4 sets out the required content of an illustration for a regulated lifetime mortgage contract provided to a customer by a firm.

31/10/2004

Content, order, format etc

MCOB 9.4.2

An illustration provided to a customer must:

(1) contain the material set out in MCOB 9 Annex 1 in the order and using the numbered section headings, sub-headings and prescribed text in MCOB 9 Annex 1, except where provided for in MCOB 9.4;
(2) follow the format of the template in MCOB 9 Annex 1, with:

(a) prominent use of the 'key facts' logo followed by the text 'about this lifetime mortgage' (if a firm resizes the logo it must ensure that the proportions remain consistent with the original design, so as not to distort it in any way);
(b) each section clearly separated;
(c) all the amounts set out in Sections 6, 8, 11, 12 and 15 in columns that make the amounts clear; and
(d) no section split across different pages except where it is impractical not to do so;

(3) use font sizes and typefaces consistently throughout the illustration which are sufficiently legible so that the illustration can be read easily by a typical customer;
(4) ensure that the information within each section is clearly laid out (for example, through the use of bullet points or similar devices to separate information);
(5) include prominent headings with the numbered section headings clearly differentiated in some way from the other text in the illustration (for example, through the use of larger and more prominent fonts, the use of shading or colour);
(6) replace "[name of mortgage lender]" with the name of the mortgage lender providing the regulated lifetime mortgage contract; a trading name used by the mortgage lender may be stated, as long as the name of the mortgage lender is also disclosed in Section 5 of the illustration in accordance with MCOB 9.4.24 R(1);
(7) describe any early repayment charge as an "early repayment charge" and not use any other expression to describe such charges;
(8) describe any higher lending charge as a "higher lending charge" and not use any other expression to describe such charges; and
(9) describe any regulated lifetime mortgage contract as a "lifetime mortgage" and not use any other expression to describe such a mortgage or omit that description from the name given to any product that meets the definition.

31/10/2004

MCOB 9.4.3

(1) Firms can obtain from the FSA website http://www.fsa.gov.uk a specimen of the "key facts" logo. When reproducing the logo firms may use colour providing this does not diminish the prominence of the logo.
(2) MCOB 9.4.2 R(3) does not prevent the use of different fonts and typefaces for headings and risk warnings. Its purpose is to prevent particular sections of the illustration from being made less prominent than other sections through the inconsistent use of font sizes and typefaces.
(3) The illustration can contain the mortgage lender's or mortgage intermediary's logo and other "brand" information, so long as the requirements of MCOB 9.4 are satisfied.
(4) The illustration can contain page numbers and other references that aid understanding, record keeping and identification of a particular illustration such as the date and time an illustration is produced or a unique reference number, provided these do not detract from the content of the illustration.
(5) Firms are reminded of their general obligation for communications to customers to be clear, fair and not misleading. Sections of the illustration may be split across pages where it is practical to do so. When splitting sections, firms should split the section at an appropriate place, for example at the end of a sub-section, and not split risk warnings or tables (unless the length of the table is greater than one page).

31/10/2004

MCOB 9.4.4

A firm must include in the illustration all prescribed section headings in MCOB 9 Annex 1, except that:

(1) in Section 8 (What you owe and when):

(a) Section 8 (A) (details of mortgage payments) is only required where the customer is required to make payments to the mortgage lender in respect of the capital or all or part of the interest charged on the regulated lifetime mortgage contract;
(b) Section 8(B) (projection of roll-up of interest) is only required where all or part of the interest on the regulated lifetime mortgage contract is rolled-up;

(2) Section 16 (Using a mortgage intermediary) is required only where the illustration is provided to the customer by, or on behalf of, a mortgage intermediary; and
(3) where the illustration is issued in connection with a further advance in accordance with MCOB 9.8.5 R, an additional section "Total borrowing" must be inserted after Section 8, and must be numbered "9", with all subsequent sections renumbered accordingly.

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Content: required information

MCOB 9.4.5

The illustration provided to a customer must:

(1) contain only the material specified in MCOB 9.4 and no other material except where provided for elsewhere in MCOB 9.4; and
(2) be in a document separate from any other material that is provided to the customer.

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MCOB 9.4.6

As a minimum the illustration must be personalised to reflect the following:

(1) the specific regulated lifetime mortgage contract in which the customer is interested;
(2) the amount of the loan required by the customer, or for drawdown mortgages, the amount the customer wishes to draw down on a monthly (or such frequency that amounts are available) basis. Where the amount the customer can draw down is variable, the firm must agree with the customer an expected amount to be drawn down per year (see MCOB 9.4.13 R);
(3) the price or value of the property on which the regulated lifetime mortgage contract would be secured (estimated where necessary);
(4) such information relating to the customer, or the property, or both as is necessary to determine that the customer would qualify for the regulated lifetime mortgage contract in question; and
(5) the estimated term of the regulated lifetime mortgage contract, calculated in accordance with MCOB 9.4.10 R.

31/10/2004

MCOB 9.4.7

A firm should not illustrate more than one regulated lifetime mortgage contract in the same illustration, for example by using one illustration to compare alternative products.

31/10/2004

MCOB 9.4.8

MCOB 9.4.6 R sets out minimum requirements. The illustration may be personalised to a greater degree if the mortgage lender or mortgage intermediary wishes, subject to the restrictions on the information that can be obtained from the customer in MCOB 9.3.12 R when the illustration is provided in accordance with MCOB 5.5.1 R(2)(c).

31/10/2004

MCOB 9.4.9

In relation to MCOB 9.4.6 R(3), in order for the firm to comply with the principle of "clear, fair and not misleading" in MCOB 2.2.6 R, an estimated valuation, where the estimated valuation is not that provided by the customer, must be a reasonable assessment based on all the facts available at the time. For example, an overstated valuation could enable a more attractive regulated lifetime mortgage contract to be illustrated on the basis of a lower ratio of the loan amount to the property value - for example, one with a lower rate of interest.

31/10/2004

MCOB 9.4.10

(1) In estimating a term under MCOB 9.4.6 R(5) a firm must:

(a) use the following mortality table: PMA92(C=2010) and PFA92(C=2010) for males and females respectively, derivable from the Continuous Mortality Investigation Report 17, published by the Institute of Actuaries and the Faculty of Actuaries in 1999; and
(b) for the purposes of the illustration, where the table does not result in a life expectancy expressed in whole years, the term should be rounded up to the next whole year (for example, if the result is between fifteen and sixteen years, an estimated term of sixteen years should be used in the illustration).

(2) Where the term estimated using the mortality table set out in (1) is less than fifteen years, the firm should use a term of fifteen years in preparing the illustration.

31/10/2004

MCOB 9.4.11

Where the illustration is issued to two or more customers who intend to borrow jointly, the term estimated in accordance with MCOB 9.4.10 R should be based on the longest life expectancy.

31/10/2004

MCOB 9.4.12

If the customer requests an illustration showing a term of the customer's choice, that illustration must be issued in addition to the illustration showing the term calculated in accordance with MCOB 9.4.10 R. The term chosen should be stated in Section 4 of the illustration "What you have told us" (see MCOB 9.4.21 R(2)).

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MCOB 9.4.13

The amount referred to in MCOB 9.4.6 R(2) is:

(1) the amount that the customer has asked to borrow or draw down; or
(2) where the regulated lifetime mortgage contract is a revolving credit agreement such as a secured overdraft or mortgage credit card, the total borrowing that the firm is willing to provide under the regulated lifetime mortgage contract; or
(3) in cases where, on the basis of the information obtained from the customer before providing the illustration, it is clear that the customer would not be eligible to borrow or draw down the amount he requested, an estimate of the amount that the customer could borrow or draw down, based on the information obtained from the customer.

31/10/2004

MCOB 9.4.14

MCOB 9.4.13 R(3) does not require information to be obtained from the customer before providing an illustration in order to ascertain the amount the customer is eligible to borrow. Instead, its purpose is to avoid a firm being in a position where it would otherwise have to provide a customer with an illustration for an amount it knew the customer would not be eligible for, based on whatever information it had obtained from the customer before providing the illustration.

31/10/2004

MCOB 9.4.15

Where the illustration relates to a regulated lifetime mortgage contract that is sub-divided into different parts with different types of interest rate or different rates of interest or different conditions, or a combination of these, the requirements in MCOB 9.4 may be adapted to accommodate this. The adaptations made must be limited to those that are necessary.

31/10/2004

MCOB 9.4.16

MCOB 9.4.15 R applies where, for example, the regulated lifetime mortgage contract is divided so that a certain amount is payable on a fixed interest rate, and a certain amount on a discounted interest rate.

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Information to be included at the head of the illustration

MCOB 9.4.17

The following information must be included at the head of the illustration:

(1) the customer's name;
(2) the date of issue of the illustration;
(3) details of how long the illustration is valid for, and whether there is any date by which the regulated lifetime mortgage contract covered by the illustration needs to commence (for example, where a fixed interest rate is only available if the regulated lifetime mortgage contract commences before a certain date); and
(4) the prescribed text at the head of the illustration in MCOB 9 Annex 1.

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Section 1: "About this information"

MCOB 9.4.18

Under the section heading "About this information", the prescribed text in MCOB 9 Annex 1 under this heading must be included.

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Section 2: "Which service are we providing you with?

MCOB 9.4.19

(1) Unless (2) applies, under the section heading "Which service are we providing you with?" the prescribed text in MCOB 9 Annex 1 under this heading must be included with a "check box" for each statement, one of which must be marked prominently to indicate the level of service provided to the customer:
(2) If the level of service described in the illustration is provided by another firm, (1) may be replaced by the following: Under the section heading "Which service are we providing you with?" the following text should be presented as two options with a "check box" for each option, one of which must be marked prominently to indicate the level of service provided to the customer: "[name of firm] recommends, having assessed your needs, that you take out this lifetime mortgage. [name of firm] is not recommending a particular lifetime mortgage for you. However, based on your answers to some questions, it is giving you information about this lifetime mortgage so that you can make your own choice, or find out about other ways in which you may be able to release equity from your home.".

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Section 3: "What is a lifetime mortgage?"

MCOB 9.4.20

Under the section heading "What is a lifetime mortgage?", the prescribed text in MCOB 9 Annex 1 under this heading must be included.

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Section 4: "What you have told us"

MCOB 9.4.21

(1) Under the section heading "What you have told us", the illustration must state the information that has been obtained from the customer under MCOB 9.4.6 R and MCOB 9.3.12 R (apart from MCOB 9.4.6 R(1) and MCOB 9.4.6 R(5) which are provided for in Section 5 of the illustration), and can include brief details of any other information that has been obtained from the customer and used to produce the illustration.
(2) Where the customer requests an additional illustration showing a term of their choice, the term chosen by the customer must be stated in this section, together with a statement to the effect that the term is the customer's choice.
(3) If the amount on which the illustration is based includes the amount that the customer wants to borrow or draw down plus charges and other payments that have been added to the loan or amount to be drawn down:

(a) except where (b) applies, this section must include the following text after the loan amount or amount to be drawn down from MCOB 9.4.13 R(1): "plus £[insert total amount of fees and other charges added to the loan] for fees that have been added to the loan [or amount drawn down] - see Section 11 for details."; or
(b) where there are other fees or charges that the customer must pay that have not been added to the loan this section must include the following text after the loan amount or amount to be drawn down from MCOB 9.4.13 R(1): "plus £[insert total amount of fees and other charges added to the loan] for fees that have been added to the loan [or amount drawn down]. These and the additional fees that you need to pay are shown in Section 11.".

(4) If the amount on which the illustration is based includes the amount that the customer wants to borrow plus insurance premiums or insurance-related charges (other than a higher lending charge) that have been added to the loan or amount to be drawn down:

(a) except where (b) applies, this section must include the following text after the loan amount or amount to be drawn down from MCOB 9.4.13 R(1) (which may be combined with the prescribed text in (3) if applicable): "plus £[insert amount of premium or charges, or both, to be added to the loan] for insurance [premiums] [and] [charges] that have been added to the loan [or amount drawn down] " see Section 12 for details."; or
(b) where there are other insurance premiums or insurance-related charges, or both, that the customer must pay that have not been added to the loan this section must include the following text after the loan amount or amount to be drawn down from MCOB 9.4.13 R(1) (which may be combined with the prescribed text in (3) if applicable): "plus £ [insert amount of premium or charges, or both, to be added to the loan] for insurance [premiums] [and] [charges] that have been added to the loan [or amount drawn down]. These and any additional insurance [premiums] [and] [charges] that you need to pay are shown in Section 12.".

(5) If the amount on which the illustration is based does not involve any charges or payments being added to the amount to be borrowed or amount to be drawn down, but there are charges that must be paid by the customer, Section 4 of the illustration must include the following text after the loan amount from MCOB 9.4.13 R(1):"No fees have been added to this amount but the fees you need to pay are shown in Section 11. For details of any insurance charges, see Section 12.".
(6) If the regulated lifetime mortgage contract on which the illustration is based has no charges that must be paid by the customer, and no insurance premiums are being added to the loan, Section 4 of the illustration must include the following text after the loan amount from MCOB 9.4.13 R(1): "We do not charge any fees for this lifetime mortgage.".

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MCOB 9.4.22

At the end of Section 4 of the illustration a statement must be included making clear that changes to any of the information obtained from the customer, and where appropriate to the valuation of the property, could alter the details elsewhere in the illustration and encouraging the customer to ask for a revised illustration in this event.

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MCOB 9.4.23

An example of the type of statement that would satisfy MCOB 9.4.22 R is: "The valuation that will be carried out on the property, and changes to any of the information you have given us, could alter the information in this illustration. If this is the case please ask for a revised illustration."

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Section 5: "Description of this mortgage"

MCOB 9.4.24

Under the section heading "Description of this mortgage" the illustration must:

(1) state the name of the mortgage lender providing the regulated lifetime mortgage contract to which the illustration relates (a trading name used by the mortgage lender may also be stated in accordance with MCOB 9.4.2 R(6)), and the name, if any, used to market the regulated lifetime mortgage contract;
(2) include a statement describing the regulated lifetime mortgage contract;
(3) if the regulated lifetime mortgage contract is linked to an investment, and payments required on the regulated lifetime mortgage contract will be deducted from the income from the investment, include a statement that this is the case;
(4)

(a) provide a description of the interest rate type and rate of interest that applies in accordance with the format described in MCOB 9.4.26 R and MCOB 9.4.27 R;
(b) where there is more than one interest rate type or rate of interest, specify the amount of the loan to which each interest rate type and rate of interest applies;
(c) unless the interest rate applies for the full life of the loan, confirm what interest rate will apply, when it will apply and for how long it will apply after any initial interest rate ends, in accordance with the format described in MCOB 9.4.26 R and MCOB 9.4.27 R; and
(d) provide a clear explanation of the charging approach where different interest rates are applied to different items of debt (for example, for a mortgage credit card where a different interest rate applies to balances that are transferred from that charged on any additional borrowing);

(5) include a statement regarding the term of the regulated lifetime mortgage contract using the following text: "We have based this illustration on an estimated term of [insert number of years] years, but remember that the term of this lifetime mortgage is not fixed and could be longer or shorter than [insert number of years] years. If you are still living in your home at the end of [insert number of years] years, the lifetime mortgage will continue to run.";
(6) include a statement of the maximum amount the customer may borrow from the mortgage lender and the circumstances (if any) in which the customer may be able to borrow additional funds at a future date;
(7) if the customer is obliged to buy any tied products under the regulated lifetime mortgage contract include the following information:

(a) details of the tied products required;
(b) the following text: "You are obliged to take out [insert details of the tied product(s)] through [insert name of mortgage lender or if relevant, name of mortgage intermediary] as a condition of this lifetime mortgage. Please refer to Section 12 of this illustration for further details.";

(8) state very briefly any restrictions that apply to the availability of the regulated lifetime mortgage contract (for example, if it is only available to certain types of customer);
(9) where the interest rate, payments (if required) or terms and conditions of the regulated lifetime mortgage contract in the illustration reflect a customer's adverse credit history, include the following text: "The terms of this lifetime mortgage reflect past or present financial difficulties."; and
(10) where the intention of the regulated lifetime mortgage contract is solely to provide the customer with a mortgage credit card (rather than the mortgage credit card being an additional feature of a regulated lifetime mortgage contract) include the warning about the loss of statutory rights from MCOB 9.4.102 R(2)(a) or (b) in Section 5 of the illustration rather than Section 14.

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MCOB 9.4.25

Examples of types of statement that would satisfy MCOB 9.4.24 R(2) are as follows (more than one may apply to particular types of regulated lifetime mortgage contract):

(1) For a roll-up of interest mortgage: "You do not have to make any repayments during the life of this lifetime mortgage. The loan, all of the interest and charges due to [name of mortgage lender] will be repaid from the sale of your home. This will happen on your death [or the death of the last borrower] or if you move home (either into another property or into sheltered accommodation or residential care). Any money left over would be paid to you or your beneficiaries.". [If only a part of the interest is rolled up the statement should specify the amount or proportion of the loan on which the interest will be rolled-up].
(2) For a drawdown mortgage: "This lifetime mortgage provides you with a cash sum every month [or such other frequency as is applicable, including "on request"] until it is repaid. [Include if applicable: You will also receive a lump sum payment at the start of the lifetime mortgage].".
(3) For an interest-only mortgage: "This is an interest only lifetime mortgage, which means that you have to make [insert frequency of payments] payments to [name of mortgage lender] until the lifetime mortgage is repaid. The amount you owe will stay the same over the life of the mortgage unless fees or charges have to be added. The mortgage will be repaid from the sale of your home on your death [or the death of the last borrower] or if you move home (either into another property or into sheltered accommodation or residential care). Any money left over would be paid to you or your beneficiaries.".

31/10/2004

MCOB 9.4.26

MCOB 9.4.27 R sets out some examples of descriptions of interest rate types and rates of interest that must be used in the illustration to comply with MCOB 9.4.24 R(4). If an interest rate is not described in MCOB 9.4.27 R, it must be presented in the illustration in a way that is consistent with the descriptions in MCOB 9.4.27 R.

31/10/2004

MCOB 9.4.27

Description of interest rate types and rates of interest. This table belongs to MCOB 9.4.26R:

Description of the interest rate

Amount payable in each instalment (if applicable)

Lender's base mortgage rate - must be described as the [Lender]'s standard variable rate, currently X%, [where applicable insert the date at which the interest rate ends or period for which the interest rate applies].

Amount based on X%.

Fixed rate - must be described as fixed rate of X% [where applicable insert the date at which the interest rate ends or the period for which the interest rate applies].

Amount based on the fixed rate of X%.

Discounted rate - must be described as a variable rate, currently X%, with a discount of Y% [where applicable insert the date at which the discount ends or the period for which the discount applies], giving a current rate payable of Z%.

Amount based on Z%.

Capped rate - must be described as a variable rate, currently X%, which will not go above a ceiling of Y% [where applicable insert the date at which the capped interest rate ends or the period for which the capped interest rate applies].

Amount based on the current interest rate payable (X%).

Capped and collared - must be described as a variable rate, currently X%, which will not go below a floor of Y% or above a ceiling of Z% [where applicable insert the date at which the capped and collared interest rate ends or the period for which the capped and collared interest rate applies].

Amount based on the current interest rate payable (X%).

Tracker rate - must be described as a variable rate which is [X% above/X% below/the same as] [insert interest rate tracked, currently Z%], [where applicable insert the date at which the interest rate ends or the period for which the interest rate applies], to give a current rate payable of Y%. Details should also be provided of how soon after an interest rate change the mortgage interest rate is adjusted.

Amount based on Y%.

Deferred rate - must be described as a variable rate, currently X%, where Y% is not paid now but is added to your mortgage [where applicable insert the date at which the deferred interest rate ends or the period for which the deferred interest rate applies], to give a current rate payable of Z%.

Amount based on Z%.

Stepped rate where different interest rates apply over different time periods (for example, fixed interest rate in year 1 changes in year 2). Each element should be dealt with individually as above.

Amount for each of the 'steps'.

Combinations of the above must be treated in the same way as the descriptions above, (for example, if a discounted interest rate has a 'floor' then it must be described as such).

Follow the above treatment depending on the combination.

31/10/2004

MCOB 9.4.28

Where the loan under the regulated lifetime mortgage contract is divided into more than one part (for example where part of the loan is a fixed interest rate and part of the loan is a discounted variable interest rate) and the firm displays this in a tabular format in the illustration:

(1) the following text must be used to introduce the table "As this lifetime mortgage is made up of more than one part, these parts are summarised below:";
(2) each part must be numbered for ease of reference in the illustration;
(3) the "initial rate payable" must be displayed separately from the interest rate description;
(4) the loan amounts must be totalled; and
(5) immediately following the table, a statement of what interest rates will apply to each part, (and when they will apply) after any initial interest rate ends in accordance with MCOB 9.4.24 R(4)(c).

31/10/2004

MCOB 9.4.29

Further information about the regulated lifetime mortgage contract may be included in Section 5 of the illustration as long as it does not significantly:

(1) duplicate information contained elsewhere in the illustration; and
(2) extend the length of this section.

31/10/2004

MCOB 9.4.30

An example of further information that may be included in accordance with MCOB 9.4.27 R might be that an "approval in principle" has been granted subject to valuation and satisfactory credit reference.

31/10/2004

Section 6: "Benefits"

MCOB 9.4.31

Under the section heading "Benefits", the illustration must include:

(1) a description of the monetary amount(s), and in a box aligned to the right of the document, the monetary amount(s) that the customer will receive as a lump sum and/or as a monthly [or such other frequency as is applicable] payment;
(2) where the regulated lifetime mortgage contract is linked to an investment and the payments required on the regulated lifetime mortgage contract will be deducted from the income from the investment, the monetary amount of the net income the customer will receive. This must be shown in a box immediately underneath that required in (1) and containing the subheading "Your net income"; and
(3) if applicable, statements of any other benefits, incentives and guarantees that apply to the regulated lifetime mortgage contract. This must be shown under the subheading "Other benefits and incentives'.

31/10/2004

MCOB 9.4.32

Examples of text that would satisfy MCOB 9.4.31 R(1), depending on the nature of the regulated lifetime mortgage contract, are:

(1) "This lifetime mortgage will provide a lump sum of £[x].";
(2) "The amount you are borrowing will automatically be used to purchase a [name of linked investment product] from [name of provider]. The amount is £[x]."; and
(3) "You will receive a monthly [or such other frequency as is applicable] payment from the start of your lifetime mortgage. This will be £[state amount].".

31/10/2004

Section 7: "Risks - important things you must consider"

MCOB 9.4.33

The illustration must include under the heading "Risks - important things you must consider" statements and warnings on the following:

(1) a brief statement of the specific circumstances in which the mortgage lender is able to repossess the property;
(2) a statement of how the mortgage lender will treat any negative equity arising during the life of the regulated lifetime mortgage contract and at the time the amount borrowed under the regulated lifetime mortgage contract is due to be repaid in full;
(3) a statement of the effect of the customer wanting or needing to move home (either into another property or into sheltered accommodation or long term care or residential care), covering the circumstances in which the regulated lifetime mortgage contract is portable, and whether early repayment charges are payable (the illustration is not required to include under this heading the exact amount of any early repayment charges);
(4) a statement of the effect on the regulated lifetime mortgage contract of another party moving into the property (for example on marriage or where a family member acts as a carer);
(5) a brief statement of the mortgage lender's requirements for repair and maintenance of the property, including the mortgage lender's right (if any) to enter the property to effect essential repairs, and the circumstances in which this may occur;
(6) a warning that taking out this regulated lifetime mortgage contract may affect the customer's tax and welfare benefits position, that tax and welfare benefits can change and that the customer should consider seeking further information from the Inland Revenue, Benefits Agency or another source of advice such as a Citizens' Advice Bureau;
(7) a brief statement as to whether the customer can secure borrowing from any other source on the property in the future (and if applicable a warning that an increasing debt may mean that it may not be possible to borrow more in the future); and
(8) a statement included prominently at the end of Section 7: "Risks " important things you must consider" using the following specified text: "Check that this mortgage will meet your needs if you want your family or others to inherit your home. If you are in doubt, seek independent legal and financial advice".

31/10/2004

MCOB 9.4.34

For guidance on prominence see MCOB 2.2.9 G.

31/10/2004

MCOB 9.4.35

Under the heading "Risks - important things you must consider" the illustration must also include the following if they apply:

(1) for drawdown mortgages where there is a monthly (or such other frequency as may apply) cash sum payable, a statement that inflation can erode the value of the cash sum over time;
(2) where:

(a) the regulated lifetime mortgage contract is linked to an investment; and
(b) the payments required on the regulated lifetime mortgage contract will be deducted from the income from the investment; and
(c) the customer will receive a fixed net income;

a statement that inflation can erode the value of the cash sum over time;
(3) for drawdown mortgages, details of any circumstances where the mortgage lender may alter or discontinue payments to the customer without their prior consent; and
(4) for all regulated lifetime mortgage contracts, a statement or warning with regard to any material issue not covered elsewhere in MCOB 9.4.33 R and MCOB 9.4.35 R.

31/10/2004

Section 8: 'What you will owe and when' (A) 'Details of mortgage payments'

MCOB 9.4.36

The section headed "What you will owe and when" (A) 'Details of mortgage payments' will apply only where the customer is required to make payments to the mortgage lender during the life of the regulated lifetime mortgage contract in respect of all or part of the interest, or part of the capital, charged on the regulated lifetime mortgage contract. This will include those cases where the interest payment is deducted from the income provided by a linked investment product (such as an annuity) such that the customer receives the net income.

31/10/2004

MCOB 9.4.37

The heading of the column on the right-hand side of Section 8 of the illustration must state the frequency with which payments must be made by the customer. (For example, if payments are to be made on a monthly basis, the heading for this section must be "What you will owe and when" and the column must be headed "Monthly payments".

31/10/2004

MCOB 9.4.38

All the payments in Section 8 of the illustration must be calculated based on the frequency used for the purposes of the heading in MCOB 9.4.37 R and must be shown in the column on the right-hand side of this section.

31/10/2004

MCOB 9.4.39

Section 8 of the illustration must contain the following information:

(1) the loan amount on which the illustration is based. This figure should include all fees, charges and insurance premiums that have been added to the loan in accordance with MCOB 9.4.21 R(3) and MCOB 9.4.21 R(4), and the following text must follow the loan amount: "which include[s] the [fees] [and] [insurance premiums] that are shown in [Section 11] [and] [Section 12] as being added to your lifetime mortgage.";
(2) the assumed start date that has been used in the illustration to estimate the number of payments to be charged at given interest rates;
(3) except where MCOB 9.4.47 R applies, for each of the interest rates charged on the regulated lifetime mortgage contract:

(a) the number of payments at that interest rate;
(b) whether the interest rate is fixed or variable;
(c) the interest rate charged on the regulated lifetime mortgage contract at the time the illustration is issued; and
(d) the amount that the customer must pay in each instalment at that interest rate, which must be recorded in the right-hand column of this section (see MCOB 9.4.38 R); and

(4) where the payment due to the mortgage lender is to be deducted from the income provided by a linked investment product (such as an annuity) such that the customer receives the net income, a clear statement to this effect.

31/10/2004

MCOB 9.4.40

If appropriate, the two statements required by MCOB 9.4.39 R(1) and MCOB 9.4.39 R(2) may be merged, for example "These payments are based on a loan amount of £x and assume that the lifetime mortgage will start on [dd/mm/yy].".

31/10/2004

MCOB 9.4.41

MCOB 9.4.39 R(3) applies to each interest rate charged on the regulated lifetime mortgage contract covered by the illustration. This means that it applies to different interest rates charged at different times, for example, where the interest rate changes at the end of any initial discounted, fixed or other special interest rate period.

31/10/2004

MCOB 9.4.42

The firm may determine the assumed start date in MCOB 9.4.39 R(2).

31/10/2004

MCOB 9.4.43

The following information must be included in the description of the interest rate required by MCOB 9.4.39 R(3)(c) except where MCOB 9.4.47 R applies:

(1) where the interest rate can change, the word "currently" must be used to illustrate the current interest rate payable; and
(2) where the interest rate changes after a given period the words "followed by" should be used to indicate this.

31/10/2004

MCOB 9.4.44

An example of how the information required by MCOB 9.4.39 R(3) and MCOB 9.4.43 R may be presented when there is an example term of fifteen years, and an initial fixed interest rate for a period of 22 months followed by the mortgage lender's standard variable interest rate for a period of 158 months, is as follows: "22 payments at a fixed rate of [...]% followed by 158 payments at a variable rate, currently [...]%.".

31/10/2004

MCOB 9.4.45

The information required by MCOB 9.4.39 R(3)(d) must exclude the cost of any products which may be sold in conjunction with the regulated lifetime mortgage contract (whether tied products or not) unless the cost has been added to the regulated lifetime mortgage contract.

31/10/2004

MCOB 9.4.46

If, because of the assumed start date of the regulated lifetime mortgage contract, the initial payment differs from the subsequent payments, the initial payment must be shown in this section in accordance with MCOB 9.4.39 R(3)(d).

31/10/2004

Multi-part mortgages

MCOB 9.4.47

Where the loan under the regulated lifetime mortgage contract is divided into more than one part (for example, where part of the loan is on a fixed interest rate and part on a discounted variable interest rate) and the firm displays the initial cost of all parts, and the total cost, in a tabular format in the illustration, MCOB 9.4.39 R(3) and MCOB 9.4.43 R do not apply; instead:

(1) each part must be numbered for ease of reference in the illustration;
(2) the loan amounts must be totalled;
(3) the number and frequency of each payment must be stated;
(4) the "initial interest rate payable" for each part must be displayed;
(5) whether the interest rate payable is fixed or variable for each part must be stated; and
(6) the regular payment for each part must be stated and the total payment for all parts highlighted (excluding the information listed in MCOB 9.4.45 R).

31/10/2004

MCOB 9.4.48

Unless all of the interest rates described in MCOB 9.4.47 R(4) apply for the life of the loan part to which they apply, then an additional sub section titled "What you will owe in future" must be included to indicate the future stepped payments. This section must:

(1) state when a change in payment will occur;
(2) state the reason for the change in payment; and
(3) confirm that the payment illustrated assumes that interest rates will not change.

31/10/2004

Section 8: "What you will owe and when" (B) Projection of roll-up of interest

MCOB 9.4.49

Section 8 headed "What you will owe and when" (B) "Projection of roll-up of interest" applies only where all or part of the interest due over the life of the regulated lifetime mortgage contract is added to the loan and paid to the mortgage lender on repayment of the loan. The projection should be based on the term of the regulated lifetime mortgage contract estimated in accordance with MCOB 9.4.10 R (and if required, MCOB 9.4.12 R).

31/10/2004

MCOB 9.4.50

An explanation of the table required in accordance with MCOB 9.4.51 R must be shown in a box immediately under the heading using the following text: "This shows how the amount(s) paid to you and the interest and any fees that we charge mount up over [insert number of years estimated in accordance with MCOB 9.4.10 R or MCOB 9.4.12 R] years. It has been calculated using the current interest rate(s) of [insert interest rate(s)]. Interest is added to the amount you owe [insert frequency of roll-up of interest - e.g. monthly]. Remember that the mortgage could run for a longer or shorter time than [insert number of years estimated in accordance with MCOB 9.4.10 R or MCOB 9.4.12 R] years, and if it runs for longer, the amount you owe will carry on increasing.".

31/10/2004

MCOB 9.4.51

The table showing the projection in the section headed "Projection of roll-up of interest" should show annual details in columns under the following headings:

(1) "Year": this should list the years as 1,2,3... etc. The start date for year one must be an assumed date of completion of the regulated lifetime mortgage contract. The table must show each year of the term estimated in accordance with MCOB 9.4.10 R (or if required, MCOB 9.4.12 R).
(2) "Balance at start of year": this must show the estimated amount outstanding on the regulated lifetime mortgage contract at the beginning of each year. For year one this balance would include any lump sum advanced on completion.
(3) (where the regulated lifetime mortgage contract is a drawdown mortgage) "Amount paid to you during the year": this must include all amounts to be drawn down during the year in question. Where the amount the customer can draw down is variable, the mortgage lender must agree with the customer an expected amount to be drawn down per year.
(4) "Interest charged at [insert percentage(s)]": this must be the interest charge for the year in question, calculated on the balance at the start of the year plus the amount drawn down (if applicable) and any fees added to the loan during the year. The percentage(s) used must be as follows:

(a) for a fixed interest rate that applies throughout the term, the fixed interest rate available at the date the illustration is issued;
(b) for a variable interest rate, the interest rate that is available at the time the illustration is issued; and
(c) for a capped interest rate, the actual interest rate that is available at the time the illustration is issued, where this is lower than the interest rate at which the cap is set.

Where more than one interest rate applies (e.g. fixed for part of the term, followed by variable), the mortgage lender must use the rates that are available at the time the illustration is issued.
(5) "Fees charged during the year": this must include all fees that can be added to the loan during the life of the regulated lifetime mortgage contract. In year one this will include any fees due to the mortgage lender unless the customer has confirmed that he wishes to pay them separately. The fees for the final year shown must include any fees required on repayment in full of the regulated lifetime mortgage contract.
(6) "What you owe at the end of the year": this is the total of:

(a) the balance at start of the year;
(b) total drawn down (if applicable);
(c) interest charged for the year; and
(d) fees for the year.

The balance at the end of the final year of the term (estimated in accordance with MCOB 9.4.10 R (or if required, MCOB 9.4.12 R)) must therefore be the estimated amount required to repay in full the regulated lifetime mortgage contract at the end of that year.

31/10/2004

MCOB 9.4.52

The firm may determine the assumed date of completion in MCOB 9.4.51 R(1).

31/10/2004

Section 9: "Will the interest rate change?"

MCOB 9.4.53

Where the customer is required to make payments to the mortgage lender on the regulated lifetime mortgage contract, the illustration must include the following under the section heading "Will the interest rate change?":

(1) if the interest rate is fixed throughout the life of the regulated lifetime mortgage contract, an explanation that the payments will not vary because the interest rate is fixed;
(2) if the interest rate is fixed for part of the life of the regulated lifetime mortgage contract, an explanation of when or how increases in the interest rate charged on the regulated lifetime mortgage contract affect the customer's payments;
(3) if the interest rate cannot go above a certain level or below a certain level, or both, and this applies throughout the life of the regulated lifetime mortgage contract, an explanation that this is the case;
(4) if the interest rate cannot go above a certain level for part of the life of the regulated lifetime mortgage contract, an explanation that this is the case and of when or how increases in the interest rate charged on the regulated lifetime mortgage contract affect the customer's payments;
(5) if (3) or (4) apply the maximum or minimum interest rate, or both, and the payments at each of these interest rates; and
(6) if the regulated lifetime mortgage contract is made up of a number of different parts including different types of interest rate and different rates of interest, an explanation of when or how increases in the interest rate charged on the regulated lifetime mortgage contract affect the customer's payments for each part (or combination of parts).

31/10/2004

MCOB 9.4.54

(1) Except where (3) applies, where the customer is required to make payments to the mortgage lender on the regulated lifetime mortgage contract, and the customer's payments can vary with changes in interest rates at any time during the life of the regulated lifetime mortgage contract, Section 9: "Will the interest rate change?" must also contain the following text: "The [frequency of payments from MCOB 9.4.37 R] payments shown in this illustration could be considerably different if interest rates change. For example, for one percentage point increase in [describe the interest rate that applies], your [frequency of payments] payment will increase by around £[insert amount by which payment will increase].".
(2) If MCOB 9.4.53 R(6) applies the following additional text must be included after the text in (1), for each part (or combination of parts), where the amounts by which the customer's payments would increase are different: "After the [describe the type of interest rate that applies, the part (or parts) to which it applies and date or period for which it applies] then for one percentage point increase in [describe the interest rate that applies], your [insert frequency of payments] payment will increase by around £[insert amount by which payment will increase].".
(3) Paragraph (1) does not apply where the difference between the interest rate included in the illustration in accordance with MCOB 9.4.39 R and the maximum interest rate that can be charged on the regulated lifetime mortgage contract is less than one percentage point.

31/10/2004

MCOB 9.4.55

The amount by which the customer's payments would increase in accordance with MCOB 9.4.54 R(1) must be calculated as follows:

(1) the firm must use the total amount borrowed, or assume that all payments due on the regulated lifetime mortgage contract have actually been paid, all additional fees and payments due have been paid, and no underpayments or overpayments have been made; and
(2) the interest rate from which the increase is calculated must be the variable interest rate charged on the regulated lifetime mortgage contract at the date that the illustration is issued (that is, the variable interest rate quoted in Section 5 of the illustration); where the variable interest rate changes after a set period or on a set date it must be based on the initial variable interest rate charged on the regulated lifetime mortgage contract at the date the illustration is issued (for example, if the initial interest rate is discounted, it must be based on the discounted rate).

31/10/2004

MCOB 9.4.56

Although the effect of a one percentage point increase in interest rates on the customer's payments is not completely linear, the purpose of MCOB 9.4.54 R(1) and (2) is to show the approximate effect of such an increase.

31/10/2004

MCOB 9.4.57

Where the customer is not required to make payments to the mortgage lender on the regulated lifetime mortgage contract and therefore all or part of the interest is rolled up, the following information must be included under the section heading "Will the interest rate change?":

(1) if the interest rate is fixed throughout the life of the regulated lifetime mortgage contract, an explanation that the estimated debt shown in accordance with MCOB 9.4.51 R(6) will not vary because the interest rate is fixed;
(2) if the interest rate is fixed for part of the life of the regulated lifetime mortgage contract, an explanation of when or how increases in the interest rate charged on the regulated lifetime mortgage contract affect the estimated debt shown in accordance with MCOB 9.4.51 R(6);
(3) if the interest rate cannot go above a certain level or below a certain level, or both, and this applies throughout the life of the regulated lifetime mortgage contract, an explanation that this is the case; and
(4) if the interest rate cannot go above a certain level for part of the life of the regulated lifetime mortgage contract, an explanation of when or how increases in the interest rate charged on the regulated lifetime mortgage contract affect the estimated debt shown in accordance with MCOB 9.4.51 R(6).

31/10/2004

MCOB 9.4.58

(1) if the interest rate is variable, the following text: "If the interest rate increases, the amount you owe will also increase. If the interest rate was [one percentage point higher than shown MCOB 9.4.51 R(4)(b)] throughout the example term of [insert number of years "see MCOB 9.4.10 R or MCOB 9.4.12 R] years, the amount you would owe us at the end of that time would be: [insert amount]."; or
(2) if the interest rate will become variable at the end of a fixed or capped rate period, the following text: "If the interest rate increases after the [insert as applicable: fixed rate period or capped rate period] ends, the amount you owe will also increase. If the interest rate was [one percentage point higher than shown in MCOB 9.4.51 R(4)(b) above] throughout the remainder of the example term of [insert number of years - see MCOB 9.4.10 R or MCOB 9.4.12 R] years, the amount you would owe us at the end of that time would be: [insert amount]."; or
(3) if a capped rate applies throughout the life of the regulated lifetime mortgage contract and the interest rate at the date of issue of the illustration is lower than the capped rate, the following text: "If the interest rate increases, the amount you owe will also increase. The interest rate on this lifetime mortgage cannot be higher than [rate at which interest is capped] If the interest rate was [rate at which interest is capped] throughout the example term of [insert number of years - see MCOB 9.4.10 R and MCOB 9.4.12 R] years, the amount you would owe us at the end of that time would be: [insert amount].".

31/10/2004

Risk warning

MCOB 9.4.59

Where MCOB 9.4.54 R(1) applies, the following words must also be prominently displayed at the end of the sub-section "Will the interest rate change?" "Rates may increase by much more than this so make sure you can afford the [insert frequency of payments from MCOB 9.4.37 R] payment.".

31/10/2004

MCOB 9.4.60

Where MCOB 9.4.58 R(1) or (2) applies, the following words must also be prominently displayed at the end of the sub-section "Will the interest rate change?" "Your debt may increase significantly."

31/10/2004

MCOB 9.4.61

For guidance on prominence see MCOB 2.2.9 G.

31/10/2004

Section 10: "How the value of your home could change"

MCOB 9.4.62

Where the customer is required to make payments to the mortgage lender on the regulated lifetime mortgage contract in respect of the interest payable, and therefore the amount outstanding on the regulated lifetime mortgage contract will broadly remain unchanged, Section 10: "How the value of your home could change" must contain the following text: "The amount you owe will usually stay the same over the life of the mortgage so the amount due to [name of mortgage lender] when the mortgage is repaid will be [amount of loan], unless charges have to be added.".

31/10/2004

MCOB 9.4.63

Where the customer is not required to make payments to the mortgage lender on the regulated lifetime mortgage contract and therefore all or part of the interest is rolled up, Section 10: "How the value of your home could change" must contain the following text: "When you look at how the amount you owe goes up, remember also that property prices can go up or down, and this can affect the amount of money left over for you or your estate after the mortgage is repaid to [name of mortgage lender].".

31/10/2004

MCOB 9.4.64

Section 10: "How the value of your home could change" must contain the following text in addition to the text in accordance with MCOB 9.4.62 R or MCOB 9.4.63 R: "Based on the estimated value of your home now of [insert amount from MCOB 9.4.6 R(3)] this example shows what the value of your home would be after [insert term from MCOB 9.4.10 R or MCOB 9.4.12 R] years if the value went up by 1% each year or went down by 1% each year. Remember also that the mortgage may run for more or less than [insert term from MCOB 9.4.10 R, or MCOB 9.4.12 R] years. This is an example only and gives no guide to how much the value of your home will actually change. If your home went up in value by 1% each year it would be worth [insert amount] after [insert term from MCOB 9.4.10 R, or MCOB 9.4.12 R] years. If your home went down in value by 1% each year - it would be worth [insert amount] after [insert term from MCOB 9.4.10 R or MCOB 9.4.12 R] years."

31/10/2004

Section 11: "What fees must you pay?"

MCOB 9.4.65

Under the section heading "What fees must you pay?" the illustration must:

(1) itemise all the fees that are included in the calculation of the APR in accordance with MCOB 10 (Annual Percentage Rate), excluding any charges for insurance set out in Section 12 in accordance with MCOB 9.4.72 R; and
(2) include a statement at the end of the section using the following text: "You may have to pay other taxes or costs in addition to any fees shown here.".

31/10/2004

MCOB 9.4.66

An example of a fee that would be included in Section 11 would be an administrative charge to redeem the regulated lifetime mortgage contract. An example of a fee that would not be included would be a fee payable by the customer to insure their property elsewhere (however this would need to be stated in the separate "Insurance" section as required by MCOB 9.4.72 R). Where fees are payable only on early repayment of the regulated lifetime mortgage contract. they should not be stated here (however these fees would need to be stated in Section 13 of the illustration "What happens if you do not want this mortgage any more", as required by MCOB 9.4.83 R(1)(c)).

31/10/2004

MCOB 9.4.67

The fees included in this section in accordance with MCOB 9.4.65 R must be itemised under the relevant sub-headings as follows:

(1) the fees that are payable by the customer to the mortgage lender must be itemised under the sub-heading "Fees payable to [name of mortgage lender]";
(2) the remaining fees must be itemised under the sub-heading: "Other fees"; and
(3)

(a) if there are no fees to be itemised in accordance with (1), the sub-heading must be retained and a statement must be included that no fees apply;
(b) if there are no fees to be itemised in accordance with (2), the sub-heading must be retained and only the text in MCOB 9.4.65 R(2) applies.

31/10/2004

MCOB 9.4.68

The following information must be provided for each fee included in this section of the illustration in accordance with MCOB 9.4.65 R(1):

(1) a description of the fee;
(2) the amount payable by the customer recorded in a column headed "Fee amount" on the right-hand side of this section;
(3) for fees included under the sub-heading "Other fees", to whom the fee is payable;
(4) when the fee is payable;
(5) whether or not the fee is refundable, and if so, the extent to which it is refundable;
(6) which fees (if any) are estimated in accordance with MCOB 9.4.114 R(2) and based on representative information; and
(7) if any fee is payable after the start of the regulated lifetime mortgage contract and subject to change in the future, for example a fee payable on final repayment of the regulated lifetime mortgage contract, the amount of that fee, along with a statement that this is the 'current fee'.

31/10/2004

MCOB 9.4.69

(1) If a higher lending charge is payable by the customer, the following text must be used to describe such a charge for the purposes of MCOB 9.4.68 R: "A higher lending charge is payable because you are borrowing [insert the ratio of the mortgage amount (from MCOB 9.4.13 R) to the property's price or value (from MCOB 9.4.6 R(3))] of the property's [estimated] [price/value]."
(2) If the customer has asked for any fees to be added to the loan, this must be stated alongside each fee.
(3) If the customer has the option of adding to the loan amount any of the fees included in this section, the following text must be included: "If you wish you can add [this/these/the {type of fee}] fee(s) to the lifetime mortgage. This will increase the amount you owe to [insert amount of the lifetime mortgage with the fee(s) included] and will increase the amount you owe shown in Section 8. If you want to do this, you should ask for another illustration that shows the effect of this on the amount you owe"
(4) Any fees that are estimated based on representative information in accordance with MCOB 9.4.114 R(2) must include an appropriate explanation of what the fee represents. For example, if this section includes an estimated fee for the legal work that the customer might be charged by his conveyancer for carrying out work on behalf of the mortgage lender, the illustration must explain that the fee is estimated, and that it only covers part of the costs of legal work that the customer might need to pay.

31/10/2004

MCOB 9.4.70

"Other fees" will include any fee charged by a mortgage intermediary, or another third party, for advising on or arranging a regulated lifetime mortgage contract, but not commission or procuration fees (which are dealt with in Section 16 of the illustration).

31/10/2004

MCOB 9.4.71

A mortgage lender must provide a tariff of charges to the customer, if the customer so requests.

31/10/2004

Section 12: "Insurance"

MCOB 9.4.72

(1) Under the section heading "Insurance" the illustration must include details of:

(a) insurance which is a tied product and
(b) insurance which is required as a condition of the regulated lifetime mortgage contract which is not a tied product

(2) Under this section heading a firm may also provide details of insurance which is optional for the customer to take out.
(3) It must be clear to the customer which products he is required to purchase under which circumstances (for example, where both a tied product and a mortgage intermediary are involved, whether the policy must be purchased from the mortgage lender or the mortgage intermediary).

31/10/2004

MCOB 9.4.73

Under the sub-heading 'Insurance you must take out through [insert name of mortgage lender or where relevant the name of the mortgage intermediary, or both]' the following information must be included if the regulated lifetime mortgage contract requires the customer to take out insurance that is a tied product either through the mortgage lender or where relevant the mortgage intermediary:

(1) details of which insurance is a tied product;
(2) for how long the customer is obliged to purchase the insurance;
(3) an accurate quotation or a reasonable estimate of any payments the customer needs to make for the insurance;
(4) where a quotation is provided for insurance in accordance with (3) on the basis of an estimated sum insured, because the actual required sum insured is unknown, the fact that it is estimated should be stated along with confirmation of the level of cover that has been assumed;
(5) details of when the customer's payments for such insurance change, for example, if premiums are reviewed annually; and
(6) where a quotation is not provided in accordance with (3), a statement of when and how a quotation will be provided (for example, separately and as soon as possible).

31/10/2004

MCOB 9.4.74

Firms are reminded that MCOB 5.4.23 R requires a firm to provide a customer with an accurate quotation for any tied products. Where the level of cover the firm requires the customer to take up is known at the outset, then the quotation should reflect that level of cover.

31/10/2004

MCOB 9.4.75

If the regulated lifetime mortgage contract does not require the customer to take out insurance as a tied product, the sub-heading "Insurance you must take out through [insert name of mortgage lender and where relevant the name of the mortgage intermediary]" must be retained and a statement must be provided under this heading that the customer is not obliged to take out any insurance through the mortgage lender or, where relevant, the mortgage intermediary.

31/10/2004

MCOB 9.4.76

The following information must be included under the sub-heading "Insurance you must take out as a condition of this mortgage but that you do not have to take out through [insert name of mortgage lender or where relevant the name of the mortgage intermediary, or both]":

(1) if the regulated lifetime mortgage contract requires the customer to take out an insurance policy (other than that which is a tied product which the customer is obliged to purchase through the mortgage lender or where relevant the mortgage intermediary), a brief statement of the type of insurance the firm requires; a quotation for such insurance may be included in the illustration, estimated where necessary;
(2) if the mortgage lender or the mortgage intermediary makes a charge in cases where the customer does not arrange insurance that is a condition of the mortgage through the mortgage lender or the mortgage intermediary, this must be stated, together with the amount of the charge and the frequency with which this charge is payable; and
(3) if no insurance policies are required (other than that which is a tied product), the sub-heading "Insurance you must take out as a condition of this mortgage but that you do not have to take out through [insert name of mortgage lender and, where relevant the mortgage intermediary]" must be retained in the illustration and a statement must be provided under this heading that no such insurance is required.

31/10/2004

MCOB 9.4.77

Under the sub-heading "Insurance you must take out as a condition of this mortgage but that you do not have to take out through [insert name of mortgage lender or where relevant the name of the mortgage intermediary, or both]", the illustration should not include any insurance policy that may be taken out by a mortgage lender itself to protect its own interests rather than the customer's interests, for example, because of the ratio of the loan amount to the property value.

31/10/2004

MCOB 9.4.78

If the cost of any insurance that the mortgage lender might take out to protect its own interests because of the ratio of the loan to the property value is passed on to the customer, it will be shown elsewhere in the illustration, for example as a higher lending charge or in the interest rate charged.

31/10/2004

MCOB 9.4.79

A firm may include in the illustration, under the sub-heading "Optional insurance", quotations (estimated where necessary) for any insurance products (other than the insurance products covered elsewhere in the illustration in accordance with MCOB 9.4.72 R and MCOB 9.4.76 R) that the firm issuing the illustration wishes to sell to the customer.

31/10/2004

MCOB 9.4.80

If no quotations are included in the illustration in accordance with MCOB 9.4.79 R, the sub-heading "Optional insurance" must not be included in the illustration.

31/10/2004

MCOB 9.4.81

(1) If any quotations for insurance are included in the illustration in accordance with MCOB 9.4.73 R(3), MCOB 9.4.76 R(1) or MCOB 9.4.79 R, the illustration:

(a) must include a brief description only of the type of insurance (full details of the insurance cover may however be provided separately); and
(b)

(i) must include the total price to be paid by the customer in a column on the right hand side of the illustration under the heading "[insert frequency of payments quoted] payments"; and
(ii) may refer the customer to the individual insurance product disclosure documentation.

(2) If the customer has asked to add any insurance premiums or insurance-related charges to the amount borrowed in accordance with MCOB 9.4.21 R(4), the illustration must state that this is the case.

31/10/2004

MCOB 9.4.82

The terms on which an insurance premium has been calculated should be presented to the customer in the format determined by the relevant regulatory requirements.

31/10/2004

Section 13: "What happens if you do not want this mortgage any more?"

MCOB 9.4.83

Under the heading "What happens if you do not want this mortgage any more?", the illustration must include the following information on the regulated lifetime mortgage contract:

(1) under the sub-heading "Early repayment charges":

(a) an explanation of whether early repayment charges are payable;
(b) an explanation of when early repayment charges are payable;
(c) an explanation of any other fees that are payable if the regulated lifetime mortgage contract is repaid early, and the current level of these fees;
(d) a basic explanation of the basis on which early repayment charges are calculated (for example, as a percentage of the loan or as so many months" interest), including, where appropriate, details of any cashback or other incentives that must be repaid. The illustration may refer to a separate document for full details of all terms and conditions relating to the charges that apply if the regulated lifetime mortgage contract is repaid early;
(e) example cash amounts of any early repayment charges indicating the range of charges that apply over the period during which such charges apply calculated in accordance with MCOB 9.4.88 R, which must be described in the illustration as "cash examples";
(f) the maximum early repayment charge that the customer could be charged in accordance with MCOB 12.3 (Early repayment charges), which must be shown as a cash amount and described in the illustration as "the maximum charge you could pay" [add if applicable, "plus (a) fee(s) which (is/are) currently £x"]; and
(g) details of whether or not the regulated lifetime mortgage contract is portable on moving house and a brief explanation of any conditions or restrictions that apply including whether there are any restrictions on changing the terms of the regulated lifetime mortgage contract during the period in which any early repayment charges apply (a reference to another document may be made in order to provide the customer with further details of the conditions or restrictions);

(2) under the sub-heading "Circumstances in which early repayment charges do not apply", a clear statement of the circumstances in which no early repayment charges will be payable by the customer. (This may include moving to another property, or into sheltered accommodation or residential care.) Where the regulated lifetime mortgage contract is portable on moving house but no early repayment charges are payable by the customer, the remaining information required by MCOB 9.4.83 R(1)(g) should be included here.

31/10/2004

MCOB 9.4.84

The requirements in MCOB 9.4.83 R(1) may be presented in a tabular format.

31/10/2004

MCOB 9.4.85

Where a firm does not impose an early repayment charge, it may delete the sub heading 'Circumstances in which early repayment charges do not apply'.

31/10/2004

MCOB 9.4.86

Where MCOB 9.4.83 R(1)(e) would result in more than three cash amounts being shown in the illustration, the cash amounts shown in the illustration may be restricted to three examples. These three examples are in addition to the maximum early repayment charge required by MCOB 9.4.83 R(1)(f). These examples must be representative of the full range of charges that apply and not be limited to the lowest charges that apply. These three examples are in addition to:

(1) any statement of the amount of any fees described in MCOB 9.4.83 R(1)(c); and
(2) the maximum early repayment charge required by MCOB 9.4.83 R(1)(f).

31/10/2004

MCOB 9.4.87

An example which would comply with MCOB 9.4.86R would be if a five year fixed rate mortgage had a charge which reduced linearly by 1% each year from 5% in the first year to 1% in the final year and cash examples were used based on 5% in year 1, 3% in year 3 and 1% in year 5.

31/10/2004

MCOB 9.4.88

(1) In calculating example cash amounts in accordance with MCOB 9.4.83 R(1)(e), it must be assumed that:

(a) the regulated lifetime mortgage contract is repaid in full;
(b) all payments due (if applicable) on the regulated lifetime mortgage contract are actually paid;
(c) additional fees and charges such as insurance premiums have been paid; and
(d) no underpayments or overpayments (if applicable) have been made.

(2) If:

(a) cashbacks or other incentives need to be repaid; or
(b) fees need to be paid;

the amounts that would need to be repaid or paid must be included in the example cash amounts.
(3) Where the calculation of the early repayment charge is based on the interest rate charged on the regulated lifetime mortgage contract, or on interest rates generally, the interest rate(s) used for the calculation of the example cash amounts must be those in force at the date that the illustration is issued to the customer.
(4) The example cash amounts must reflect the maximum charge in a particular year. Where it is possible to state exact early repayment charges (that is, where all such charges are based on the original amount borrowed), the illustration must do so.

31/10/2004

MCOB 9.4.89

Where the cash examples from MCOB 9.4.88 R included in the illustration would vary either if the interest rate charged on the regulated lifetime mortgage contract changed or with changes in interest rates generally, an appropriate warning that the early repayment charges may vary from the cash examples must be included in the illustration.

31/10/2004

MCOB 9.4.90

Where the early repayment charge could be higher than those stated in the illustration if the regulated lifetime mortgage contract continued after the end of the term estimated in accordance with MCOB 9.4.10 R or MCOB 9.4.12 R, Section 13 of the illustration must include a clear statement to that effect.

31/10/2004

Section 14: "Additional features"

MCOB 9.4.91

Under the section heading "Additional features" the illustration must include, where relevant, details of how the mortgage lender would treat any payments by the customer in excess of those required, and details of any additional features or facilities under the various sub-headings in MCOB 9.4.93 R.

31/10/2004

MCOB 9.4.92

(1) If none of the features at MCOB 9.4.93 R are applicable to the regulated lifetime mortgage contract to which the illustration relates, the section headed 'Additional features' must be retained, but the sub-headings must not be included and a statement must be added to explain that there are no additional features.
(2) Only those features available on the regulated lifetime mortgage contract need be included in the illustration.
(3) If a firm provides a customer with supplementary information about any additional features or facilities over and above the information required under MCOB 9.4.91 R to MCOB 9.4.110 R, the firm may include a reference to that supplementary information in Section 14.

31/10/2004

MCOB 9.4.93

The relevant sub-headings are as follows:

(1) "Overpayments"
(2) "Underpayments"
(3) "Payment holidays"
(4) "Borrow back"
(5) "Additional borrowing available without further approval"
(6) "Additional secured borrowing"
(7) "Credit card"
(8) "Unsecured borrowing"
(9) "Linked current account" and
(10) "Linked savings account".

31/10/2004

MCOB 9.4.94

(1) Under the sub-heading 'Overpayments', the illustration must include details of any restrictions on lump sum and regular overpayments (if payments are required) on the regulated lifetime mortgage contract, together with a statement as to whether or not the amount on which the interest is recalculated is reduced immediately on receipt of any lump sum or regular overpayment.
(2) Where such recalculation does not take place immediately (for example, if an annual rest method is used), this statement must be accompanied by an explanation of when the amount on which the interest is recalculated is reduced following a lump sum or regular overpayment.
(3) Where early repayment charges apply, this section must not repeat the details provided in Section 13 of the illustration, but may refer to Section 13.

31/10/2004

MCOB 9.4.95

Where the interest recalculation described in MCOB 9.4.94 R takes place immediately, firms may add a statement in this section explaining that the customer will get the benefit of the overpayment immediately.

31/10/2004

MCOB 9.4.96

Under the sub-heading "Underpayments", the illustration must include details of whether the customer can make underpayments and a brief statement of any conditions that apply.

31/10/2004

MCOB 9.4.97

Under the sub-heading "Payment holidays", the illustration must include details of circumstances in which the customer can take payment holidays and a brief statement of any conditions that apply.

31/10/2004

MCOB 9.4.98

Under the sub-heading "Borrow back", the illustration must include details of circumstances in which the customer can borrow back any monies overpaid and a brief statement of any conditions that apply.

31/10/2004

MCOB 9.4.99

Under the sub-heading "Additional borrowing available without further approval", the illustration must provide details of circumstances in which additional secured lending is offered with the regulated lifetime mortgage contract that would allow the customer, subject to certain conditions, to increase the amount of the loan on which the illustration is based.

31/10/2004

MCOB 9.4.100

Under the sub-heading "Additional secured borrowing", the illustration must provide details of circumstances in which additional secured lending is offered with the regulated lifetime mortgage contract that would allow the customer, subject to certain conditions, to increase the amount of the loan on which the illustration is based.

31/10/2004

MCOB 9.4.101

Under the sub-heading "Unsecured borrowing", the illustration must provide details of circumstances in which unsecured lending is offered with the regulated lifetime mortgage contract that would allow the customer to increase the amount of the loan on which the illustration is based.

31/10/2004

MCOB 9.4.102

Under the sub-heading "Credit card", the illustration must:

(1) state whether a credit card is offered with the regulated lifetime mortgage contract; and
(2) if a credit card is offered and it is a mortgage credit card:

(a) unless (b) applies, include the following text: "This card will not give you a number of the statutory rights associated with traditional credit cards. Your lifetime mortgage offer will tell you more about the differences." or
(b) where the mortgage lender provides the customer with contractual rights in relation to a mortgage credit card equal to or greater than those provided under the Consumer Credit Act 1974, include the following text: "This card will not give you a number of the statutory rights associated with traditional credit cards. However, [insert name of mortgage lender] will ensure that you will be treated no differently from the user of a traditional credit card. Your lifetime mortgage offer will tell you more about this."

31/10/2004

MCOB 9.4.103

Where any of the additional features under MCOB 9.4.99 R to MCOB 9.4.102 R inclusive apply, then the following must also be stated if the amount of additional borrowing that would be available to the customer is stated in the illustration:

(1) the maximum additional amount available;
(2) if the interest rate payable on any additional borrowing is different to the interest rate in Section 5 and Section 8 of the illustration, the interest rate and the APR charged on the additional borrowing. The APR must be calculated in accordance with MCOB 10 (Annual Percentage Rate), based on the maximum amount of additional borrowing that would be permitted for the customer and the term of the loan from MCOB 9.4.10 R or MCOB 9.4.12 R;
(3) the total resulting debt the customer could incur (including the original loan amount);
(4) the payments on this total debt based on the frequency of payments in MCOB 9.4.37 R (if payments are required) and the current interest rate(s) applying on the date the illustration is issued;
(5) whether this additional borrowing must be repaid in full if the original loan is repaid in full, along with details of any conditions that apply;
(6) if early repayment charges apply to the additional amount borrowed:

(a) that early repayment charges are payable;
(b) an explanation of when early repayment charges are payable; and
(c) the maximum early repayment charge that the customer could be charged in accordance with MCOB 12.3 which must be shown as a cash amount; and

(7) if it is the case, that the maximum amount of borrowing available, or the terms and conditions, may change depending on other factors such as ratio of the loan amount to the property value.

31/10/2004

MCOB 9.4.104

Where more than one additional borrowing facility from MCOB 9.4.99 R to MCOB 9.4.102 R applies, the total debt and total payments due (if payments are required) under all these linked borrowing facilities must be included under a separate sub-section titled 'Total additional borrowing'.

31/10/2004

MCOB 9.4.105

The purpose of MCOB 9.4.104 R is to show the total amount of any additional borrowing facilities that would be available to the customer and the cost of utilising these facilities. It must combine the amount available under any linked borrowing facilities including additional secured lending, credit cards and unsecured lending.

31/10/2004

MCOB 9.4.106

(1) Where additional features are included in accordance with MCOB 9.4.91 R and these are credit facilities that do not meet the definition of a regulated mortgage contract, the relevant parts of Section 14 of the illustration must include the following text:
"This additional feature is not regulated by the FSA."
(2) Where additional features are included in accordance with MCOB 9.4.91 R and these are credit facilities regulated by the Consumer Credit Act 1974, the relevant parts of Section 14 of the illustration must include the following text after the text in (1): "but is regulated under the Consumer Credit Act 1974. You will receive a separate credit agreement with any offer document for this additional feature, describing the detailed terms on which this feature is available."

31/10/2004

MCOB 9.4.107

Where all or part of the maximum amount of additional borrowing is secured on the customer's home, a prominent warning must be included that additional borrowing increases the amount of credit secured on the customer's home.

31/10/2004

MCOB 9.4.108

Suitable wording for the warning contained in MCOB 9.4.107 R would be: "This will increase the amount of borrowing secured on your home.".

31/10/2004

MCOB 9.4.109

Under the sub-heading "Linked current account" the illustration must include the following information:

(1) whether a linked current account is a compulsory or optional product (if the current account is a compulsory product this must also be stated in Section 5 of the illustration in accordance with MCOB 9.4.24 R(7));
(2) an explanation of the interest rates that apply under different circumstances to the linked current account, if different from the interest rate charged on the regulated lifetime mortgage contract (for example, if a different interest rate applies if the account is overdrawn); and
(3) the firm providing the linked current account if it is not the mortgage lender.

31/10/2004

MCOB 9.4.110

Under the sub-heading "Linked savings account" the illustration must include the following information:

(1) whether a linked savings account is a compulsory or optional product (if the savings account is a compulsory product this must also be stated in Section 5 of the illustration in accordance with MCOB 9.4.24 R(7));
(2) the interest rate paid on the linked savings account if it differs from the interest rate charged on the regulated lifetime mortgage contract; and
(3) the firm providing the linked savings account if it is not the mortgage lender.

31/10/2004

Section 15: "Overall cost of this mortgage"

MCOB 9.4.111

Under the section heading "Overall cost of this mortgage":

(1) the following text must be included in the illustration: "The APR helps you to compare lifetime mortgages by giving you one rate that shows the overall cost of the mortgage. It takes into account some fees and charges as well as the interest due, and this means that the APR may be higher than the interest rate shown in Sections 5 and 8. Only use the APR to compare lifetime mortgages of the same type, and where the same example term is used."
(2) where the customer is required to make payments on the regulated lifetime mortgage contract the following text must also be included in the illustration: "The overall cost takes into account the payments in Sections 8 and 11 above."; and
(3) reference must be made to any other payments that have been included in the APR but not included in Sections 8 and 11 of the illustration if these are relevant to the regulated lifetime mortgage contract that is the subject of the illustration.

31/10/2004

MCOB 9.4.112

MCOB 9.4.111 R(3) would require, for example, a reference to the fact that the overall cost takes into account mortgage payment protection insurance where this is required as a condition of the regulated lifetime mortgage contract to which the illustration relates. The requirement to take out such insurance must be stated in Sections 5 and 12 of the illustration in accordance with MCOB 9.4.24 R(7), MCOB 9.4.72 R or MCOB 9.4.76 R.

31/10/2004

MCOB 9.4.113

The following text must be included after the text required by MCOB 9.4.111 R with the relevant cost measures shown in the right-hand column of Section 15 in accordance with the layout shown in MCOB 9 Annex 1:

(1) "The total amount you would pay back over the example term of [insert number of years in accordance with MCOB 9.4.10 R or MCOB 9.4.12 R] including the amount borrowed is £[insert total amount payable]", and
(2) "The overall cost for comparison is [insert the APR]% APR."

31/10/2004

MCOB 9.4.114

(1) The APR and the total amount payable in MCOB 9.4.113 R must be calculated on the basis of information obtained from the customer in accordance with MCOB 9.4.6 R.
(2) Where there is a charge to be included in the APR and total amount payable and the precise amount of that charge is not known at the time that the illustration is provided, MCOB 10.3 (Formula for calculating the APR) sets out a number of relevant assumptions to be used. If the method for including the charge is not addressed in MCOB 10 (Annual Percentage Rate), the charge must be estimated based on information which is known to be representative of the regulated lifetime mortgage contract to which the illustration relates.
(3) Where the regulated lifetime mortgage contract is a roll-up of interest mortgage, the total amount payable must be based on the total amount that the customer would owe at the end of the example term.

31/10/2004

MCOB 9.4.115

In relation to MCOB 9.4.114 R(2), the cost of conveyancing would be an example of a charge for which representative information may need to be used in the calculation of the APR and the total amount payable.

31/10/2004

MCOB 9.4.116

At the end of Section 15 the following text must be included, if relevant: "The figures in this section will vary following interest rate changes."

31/10/2004

MCOB 9.4.117

The prescribed text at MCOB 9.4.116 R would not be relevant if the illustration is for a regulated lifetime mortgage contract that has a fixed interest rate throughout the life of the mortgage.

31/10/2004

MCOB 9.4.118

The purpose of the illustration is to provide the customer with details of the cost of borrowing the amount required over the example term from MCOB 9.4.6 R and MCOB 9.4.10 R (or MCOB 9.4.12 R). Section 14 has been designed specifically to allow examples of the effect of any additional features of the regulated lifetime mortgage contract such as a linked current account. Examples of these features should therefore be shown in Section 14 and not in Section 15 or Section 8 of the illustration.

31/10/2004

Section 16: "Using a mortgage intermediary"

MCOB 9.4.119

Where the illustration is issued to a customer by, or on behalf of, a mortgage intermediary, Section 16 "Using a mortgage intermediary" must be included in the illustration and must include the following:

(1) unless MCOB 9.4.120 R applies, a clear statement of the amount payable (either directly or indirectly) by the mortgage lender to the mortgage intermediary, or to any third parties; and
(2) the name of the mortgage lender who will make the payment, the name of the mortgage intermediary and the names of any third parties who will be paid.

31/10/2004

MCOB 9.4.120

If the amount payable by the mortgage lender to the mortgage intermediary and to third parties is £250 or less, the mortgage intermediary need only state that the amount of the payment is "no more than £250", unless the customer requests the actual amount.

31/10/2004

MCOB 9.4.121

If the mortgage intermediary will pass to the customer all or part of the amount payable to the mortgage intermediary under MCOB 9.4.119 R(1) or MCOB 9.4.120 R, that fact may be stated in this section, along with the amount payable to the customer.

31/10/2004

MCOB 9.4.122

If the mortgage lender will make no payment to the mortgage intermediary or any third party, this section may state that the mortgage intermediary will receive no payment.

31/10/2004

MCOB 9.4.123

The amount payable in MCOB 9.4.119 R(1) or MCOB 9.4.120 R must include, but is not limited to:

(1) any procuration fee; and
(2) a cash value for any material non-cash inducements that the mortgage lender provides to a mortgage intermediary or third party, whether payable directly or indirectly.

31/10/2004

MCOB 9.4.124

MCOB 2.3.7 R requires any material inducements provided by a mortgage lender, whether directly or indirectly, to a mortgage intermediary or third party (unless the payment only reflects the cost of outsourcing work relating to the processing of mortgage applications by a firm unconnected to the mortgage intermediary) to be quantified in cash terms, which will enable the cash values to be included in the illustration in accordance with MCOB 9.4.123 R.

31/10/2004

MCOB 9.4.125

An example of a statement which would comply with MCOB 9.4.119 R and MCOB 9.4.123 R would be: "[name of mortgage lender] will pay [name of mortgage intermediary] an amount of £350 in cash and benefits if you take out this lifetime mortgage."

31/10/2004

Contact details

MCOB 9.4.126

This section must:

(1) follow Section 15 "Overall cost of this mortgage", unless the illustration is issued by a mortgage intermediary, in which case it must follow Section 16 "Using a mortgage intermediary"; and
(2) include the name, address and contact point of the firm providing the illustration.

31/10/2004

MCOB 9.4.127

An example of wording which would comply with MCOB 9.4.126 R(2) would be: "If you wish to discuss this lifetime mortgage illustration please contact [name of individual] at [address] or on [telephone number]."

31/10/2004

Foreign currency mortgages

MCOB 9.4.128

If the customer's liability under a regulated lifetime mortgage contract is in a currency other than sterling, MCOB 9.4 applies to the illustration for that regulated lifetime mortgage contract with the following modifications:

(1) all cash amounts must be given in the relevant currency except where otherwise required by (2)(a) and (3);
(2) the following information must be stated under Section 5 "Description of this mortgage"

(a) the amount in sterling on which the illustration is based from MCOB 9.4.13 R based on the exchange rate in (2)(b);
(b) the exchange rate used; and
(c) when the exchange rate quoted applied;

(3) the following text must be added at the end of Section 5 "Description of this mortgage": "This illustration is based on the sterling equivalent of [insert details from (2)(a)] based on [insert details from (2)(b)] as at [insert details from (2)(c)]. Exchange rates can vary significantly. The effect of a 5% decrease in the value of sterling to the [insert name of relevant currency] would increase your total borrowing to [insert amount to which the amount borrowed from MCOB 9.4.13 R would increase in sterling]. [Insert if payments are required: This would increase your [insert frequency of payments from MCOB 9.4.37 R] payments by the sterling equivalent of £[insert amount in sterling]]. "The following information must be added to this text:

(a) the cash amount to which the amount borrowed would increase in sterling if there was a decline of 5% in the value of sterling when compared to the relevant currency; and
(b) if payments are required, the amount by which (2)(b) would increase the customer's payments based on the frequency of payments from MCOB 9.4.37 R, shown as a sterling equivalent cash amount.

31/10/2004

Risk warning

MCOB 9.4.129

The text at MCOB 9.4.33 R(8) must be immediately followed by the following additional text, prominently displayed (for guidance on prominence see MCOB 2.2.9 G): "Changes in the exchange rate may increase the sterling equivalent of your debt."

31/10/2004

Shared appreciation mortgages

MCOB 9.4.130

If the regulated lifetime mortgage contract is a shared appreciation mortgage, MCOB 9.4 applies to the illustration with the following modifications:

(1) Section 5 "Description of this mortgage" must contain the following additional information and text in this order after the details required by MCOB 9.4.24 R to MCOB 9.4.29 R:

(a) "This lifetime mortgage involves [name of mortgage lender] taking a percentage share in any increase in the value of your property [insert details of all occasions when the share will be payable to the mortgage lender, for example, "after x years, or when this lifetime mortgage comes to an end or is terminated early"]. The amount [name of mortgage lender] will take depends on any increase in the value of your property." [Include if relevant: "If your property falls in value between now and the end of this lifetime mortgage you will be required to pay [add details of what the customer will need to pay the mortgage lender if the property falls in value]."
(b)

(i) a basic explanation of how the amount of the share payable to the mortgage lender is calculated including the proportions of any given increase in the value of the property and whether this is dependent on the level of growth (for example, that the share payable to the mortgage lender is all of the increase in value of the property for the first 5% increase in value, plus half of the additional increase in the value of the property above this);
(ii) a reference to a separate document for full details of the terms and conditions relating to the amount of the share payable followed by: "The example below shows how this works. EXAMPLE: Based on the current [estimated] value of your home of [insert details from MCOB 9.4.6 R(3)], the example(s) below show(s) what the value of your home would be and what share of that value [name of mortgage lender] would take after [insert example term of the loan in accordance with MCOB 9.4.10 R or MCOB 9.4.12 R or the term after which the equity share becomes payable if less] if the value of your home increased. [Include if relevant: "and what would happen if your home decreased in value".] Please note that you should add this payment to the amount of any early repayment charges that may be payable "see Section 13"

(c) except where (g) applies, example cash amounts for the value of the property and the corresponding amount of the equity share payable, assuming an average annual increase in the value of the property secured by the regulated lifetime mortgage contract of 1%, 5% and 10% over the example term from (i) below;
(d) if the customer would be required to pay the mortgage lender an amount because the value of the property on which the regulated lifetime mortgage contract would be secured had decreased from its value at the start of the term of the regulated lifetime mortgage contract, include example cash amounts for the value of the property and the corresponding amount payable assuming an average annual decrease, in the value of the property secured by the regulated lifetime mortgage contract of 1%, 5% and 10% over the term from (i) below;
(e) if the amount of the equity share payable cannot go above or below a certain level, an explanation that this is the case along with a cash example described as "the maximum amount you could pay";
(f) include this text after the cash examples in (c) (or, if applicable, after the cash examples in (d) or (e)): "This is not an indication of how the actual value of your home may change."
(g) where (c) or (d) apply and the maximum percentage equity share payable is less than the example percentages in (c) or (d), only cash examples for those percentages required by (c) or (d) which are below this maximum need be quoted, along with the maximum in accordance with (e);
(h) if there are no restrictions on the amount of the equity share payable, the following text should follow the text in (f): "The amount you will need to pay could be much higher than this." and
(i) for the purposes of the examples required by (c) or (d), the example term used must be stated and must be the estimated term of the regulated lifetime mortgage contract in accordance with MCOB 9.4.10 R or MCOB 9.4.12 R or the term after which the equity share becomes payable, if less;

(2) Section 10: "How the value of your home could change" of the illustration must contain the following text at the end of the section: "You also need to think about the cost of paying any share in the value of your home to [insert name of mortgage lender] - see Section 5."
(3) Section 13 "What happens if you do not want this mortgage any more?" must contain the following text at the end of the first sub-heading "Early repayment charges": "Remember to add the cost of paying any share in the value of your home to [insert name of mortgage lender]" see Section 5."
(4) Section 15 "Overall cost of this mortgage" of the illustration must contain the following text at the end of the section: "The APR and the total amount you must pay do not take account of the share that [insert name of mortgage lender] takes in any increase in the value of your home as described in Section 3. So you should not use these measures to compare this lifetime mortgage with other lifetime mortgages that do not involve [insert name of mortgage lender] taking a share in any increase in the value of your home."

31/10/2004

MCOB 9.4.131

The requirements in MCOB 9.4.130 R(1)(c) and (d) may be presented in a tabular format.

31/10/2004

Risk warning

MCOB 9.4.132

The requirements at MCOB 9.4.130 R(1) must be immediately followed by the following additional text, prominently displayed (see MCOB 2.2.9 G): "You will need to pay this share in the value of your home to [name of mortgage lender] [insert time at which share must be paid - for example 'when your lifetime mortgage is repaid']. Think carefully about how this will affect the amount left over for you or your estate."

31/10/2004

MCOB 9.5

Disclosure at the offer stage for lifetime mortgages

01/12/2004

MCOB 9.5.1

(1) MCOB 6.1 to MCOB 6.6 (with the modifications stated in MCOB 9.5.2 R to MCOB 9.5.4 R) apply to a mortgage lender where the regulated mortgage contract is a regulated lifetime mortgage contract.
(2) The table in MCOB 9.5.2 R shows how the relevant rules and guidance in MCOB 6 must be modified by replacing the cross-references with the relevant cross-references to rules and guidance in MCOB 9.4, and MCOB 9.5.
(3) The table in MCOB 9.5.3 R replaces certain rules and guidance in MCOB 6 with rules and guidance from MCOB 9.5.

31/10/2004

MCOB 9.5.2

Table of modified cross-references to other rules:

This table belongs to MCOB 9.5.1 R.

Subject

Rule or guidance

Reference in rule or guidance

To be read as a reference to:

Application: What?

MCOB 6.1.5R

MCOB 6

MCOB 6 as modified by MCOB 9.5

Content of offer document

MCOB 6.1.6G

MCOB 5.6

MCOB 9.4

Purpose

MCOB 6.2.1G

MCOB 6

MCOB 6 as modified by MCOB 9.5

General

MCOB 6.3.2R

Records

MCOB 6.4.3R

Modifications to the illustration

MCOB 6.4.5G

MCOB 6.4.4R(5)(b)

MCOB 9.5.4R(6)(b)

Modifications to the illustration

MCOB 6.4.6R

MCOB 6.4.4(1)

MCOB 9.5.4R(1)

Modifications to the illustration

MCOB 6.4.6R(1) and (2)

MCOB 5.6

MCOB 9.4

Modifications to the illustration

MCOB 6.4.7R

MCOB 6.4.4R(1)

MCOB 9.5.4R(1)

Modifications to the illustration

MCOB 6.4.7R(2)

MCOB 5

MCOB 9

Modifications to the illustration

MCOB 6.4.7R(3)

MCOB 5.6.73R to MCOB 5.6.83G

MCOB 9.4.72R to MCOB 9.4.82G

Modifications to the illustration

MCOB 6.4.7R(3)

MCOB 5.6.92R to MCOB 5.6.112G

MCOB 9.4.91R to MCOB 9.4.110R

Other information contained in the offer document

MCOB 6.4.13R

MCOB 5.6.122R

MCOB 9.4.126R

Offer documents in place of illustrations

MCOB 6.6.1R

MCOB 5.4 and MCOB 5.5

MCOB 5.4 and MCOB 5.5 as modified by MCOB 9

31/10/2004

MCOB 9.5.3

Table of rules in MCOB 6 replaced by rules in MCOB 9:

This table belongs to MCOB 9.5.1 R

Subject

Rule

Rule replaced by

Modifications to the illustration

MCOB 6.4.4R

MCOB 9.5.4R

31/10/2004

MCOB 9.5.4

The illustration provided as part of the offer document in accordance with MCOB 6.4.1 R(1) must meet the requirements of MCOB 9.4, with the following modifications:

(1) the illustration must be suitably adapted and revised to reflect the fact that the firm is making an offer to a customer and updated to reflect changes to, for example, the interest rate, charges, the exchange rate or the APR required by MCOB 10 (Annual Percentage Rate) at the date the illustration is issued;
(2) the illustration must be based on the example term estimated in accordance with MCOB 9.4.10 R;
(3) MCOB 9.4.2 R(2)(a) does not apply;
(4) MCOB 9.4.17 R (Information to be included at the head of the illustration) does not apply;
(5) MCOB 9.4.18 R (Section 1: 'About this information') is replaced by the following: "Section 1: 'About this offer document'. Under the section heading 'About this offer document', the following text must be included:

(a) "You are not bound by the terms of this offer document until [insert relevant circumstances, including the names of any documents that must be signed. For example "you have signed the legal charge and the funds are released for your lifetime mortgage"]. We are required by the Financial Services Authority (FSA) - the independent watchdog that regulates financial services - to provide you with this offer document."
(b) (unless MCOB 6.6.1 R applies) "You should compare this offer document with the key facts illustration given to you before you applied for this lifetime mortgage, to see how the details may have changed."

(6) Unless (b) applies, MCOB 9.4.19 R (Section 2: 'Which service are we providing you with') is replaced with the following: "Section 2: 'Which service did we provide you with?'

(a) Under the section heading 'Which service did we provide you with?' the following text should be presented as two options each with a 'check box', one of which must be marked prominently to indicate the level of service provided to the customer: "We have recommended, having assessed your needs, that you take out this lifetime mortgage. We have not recommended a particular lifetime mortgage for you. You must make your own choice whether to accept this lifetime mortgage offer.";
(b) If the service described in MCOB 9.4.19 R (Section 2: 'Which service are we providing you with?') was provided by another firm, MCOB 9.4.19 R is replaced by the following: "Section 2: 'Which service were you provided with?' Under the section heading 'Which service were you provided with?' the following text should be presented as two options each with a 'check box' one of which must be marked prominently to indicate the level of service provided to the customer: "[name of firm] recommended that you take out this lifetime mortgage. [name of firm] did not recommend a particular lifetime mortgage for you. You must make your own choice whether to accept this mortgage offer.";

(7) the fees recorded in the illustration that is part of the offer document in accordance with MCOB 9.4.65 R(1) must include any fees paid or payable by the customer;
(8) MCOB 9.4.68 R(5) is replaced by the following: "(where the fee is payable or has been paid to the mortgage lender), whether or not the fee is refundable, and if so, the extent to which it is refundable";
(9) details of insurance which the customer has chosen to take out through the firm, whether or not this insurance was included in the illustration provided in accordance with MCOB 9, must be included in Section 12 of the illustration that is part of the offer document;
(10) where additional features are included in accordance with MCOB 9.4.91 R and these are credit facilities regulated by the Consumer Credit Act 1974, the relevant parts of Section 14 of the illustration that is part of the offer document must include the following text: "This credit facility is regulated under the Consumer Credit Act 1974. Please refer to the separate credit agreement which describes the facility and the terms on which the credit is available.";
(11) The text required by MCOB 9.4.102 R(2)(a) or (b) should be adapted to include, or tell the customer where they can find, the information required by MCOB 6.5.4 R; and
(12) MCOB 9.4.119 R and MCOB 9.4.120 R apply to the illustration that is part of the offer document if the illustration given out in accordance with MCOB 9 was issued by, or on behalf of, a mortgage intermediary.

31/10/2004

MCOB 9.6

Disclosure at the start of the contract and after sale for lifetime mortgages

01/12/2004

MCOB 9.6.1

(1) MCOB 7.1 to MCOB 7.3, MCOB 7.5 and MCOB 7.6 (with the modifications stated in MCOB 9.6.2 R to MCOB 9.6.4 R) apply to a firm where the regulated mortgage contract is a regulated lifetime mortgage contract.
(2) The table in MCOB 9.6.2 R shows how the relevant rules and guidance in MCOB 7 must be modified by replacing the cross-references with the relevant cross-references to rules and guidance in MCOB 9.4 to MCOB 9.8.
(3) The table in MCOB 9.6.3 R replaces certain rules and guidance in MCOB 7 with rules and guidance from MCOB 9.7 and MCOB 9.8.
(4) The table in MCOB 9.6.4 R disapplies certain rules in MCOB 7 for the purposes of MCOB 9.

31/10/2004

MCOB 9.6.2

Table of modified cross-references to other rules:

This table belongs to MCOB 9.6.1R.

Subject

Rule or guidance

Reference in rule or guidance

To be read as a reference to:

Application

MCOB 7.1.4R

MCOB 7.6.7R - MCOB 7.7.4R

MCOB 7.6.7R - MCOB 7.6.33G as modified by MCOB 9.8.5R - 9.8.9R

Application

MCOB 7.1.5R

MCOB 7.5 - MCOB 7.7.4R

MCOB 7.5 -MCOB 7.6.33G as modified by MCOB 9.8

Information in more than one document

MCOB 7.3.3R

MCOB 7

MCOB 7 as modified by MCOB 9

Frequency of statements

MCOB 7.5.6G

MCOB 7.5.3R(2)

MCOB 9.8.1R(2)

Annual statement - additional content

MCOB 7.5.9G

MCOB 7.5.3R(2)(b)

MCOB 9.8.1R

Further advances

MCOB 7.6.7R

MCOB 5

MCOB 9.4

Further advances

MCOB 7.6.10G

MCOB 7.6.9R(10

MCOB 9.8.5R(1)

Further advances

MCOB 7.6.10G

MCOB 5.6.34

MCOB 9.4.114R

Further advances

MCOB 7.6.11G

MCOB 7.6.9R(3) and (4)

MCOB 9.8.5R(3)

Further advances

MCOB 7.6.11G(2)

MCOB 5.6.40R

MCOB 9.4.37R

Further advances

MCOB 7.6.12G

MCOB 7.6.9R(3)

MCOB 9.8.5R(3)

Further advances

MCOB 7.6.13R

MCOB 5.6.25R(2)(a)

MCOB 9.4.24R(4)(a)

Further advances

MCOB 7.6.13R

MCOB 7.6.9R(3)(b)

MCOB 9.8.5R(3)(b)

Further advances

MCOB 7.6.14R

MCOB 5

MCOB 9

Rate switches

MCOB 7.6.20R

MCOB 5

MCOB 9

Rate switches

MCOB 7.6.20R

MCOB 5

MCOB 9

Addition or removal of party to contract

MCOB 7.6.22R

MCOB 5

MCOB 9

Addition or removal of party to contract

MCOB 7.6.25R

MCOB 5

MCOB 9

Changes to payments

MCOB 7.6.29R

MCOB 7.6.28R

MCOB 9.8.9R or MCOB 9.8.10R

Changes to payments

MCOB 7.6.30R

MCOB 7.6.28R

MCOB 9.8.9R or MCOB 9.8.10R

Use of illustrations

MCOB 7.6.31R

MCOB 7.6.28R

MCOB 9.8.9R or MCOB 9.8.10R

Use of illustrations

MCOB 7.6.31R

MCOB 5

MCOB 9

Use of illustrations

MCOB 7.6.32R

MCOB 7.6.28R

MCOB 9.8.9R or MCOB 9.8.10R

Use of illustrations

MCOB 7.6.32R

MCOB 7.6.18R and MCOB 7.6.22R

MCOB 7.6.18R and MCOB 7.6.22R as modified by MCOB 9

Simultaneous requests

MCOB 7.6.33G

MCOB 7.6.18R and MCOB 7.6.22R

MCOB 7.6.18R and MCOB 7.6.22R as modified by MCOB 9

Simultaneous requests

MCOB 7.6.33G

MCOB 5

MCOB 9

31/10/2004

MCOB 9.6.3

Table of rules in MCOB 7 replaced by rules in this chapter:

This table belongs to MCOB 9.6.1R.

Subject

Rule or guidance

Rule replaced by:

Information at start of contract

MCOB 7.4

MCOB 9.7

Content of statement

MCOB 5.3R

MCOB 9.8.1R

Frequency of statements

MCOB 7.5.5R

MCOB 9.8.2R

Event-driven information

MCOB 7.6.1R

MCOB 9.8.3R

Release of additional borrowing

MCOB 7.6.6G

MCOB 9.8.4G

Further advances

MCOB 7.6.9R

MCOB 9.8.5G

Further advances

MCOB 7.6.16R

MCOB 9.8.7R

Addition or removal of party to contract

MCOB 7.6.27R

MCOB 9.8.8R

Changes to payments

MCOB 7.6.28R

MCOB 9.8.9R and MCOB 9.8

31/10/2004

MCOB 9.6.4

Table of rules in MCOB 7 which do not apply in relation to regulated lifetime mortgage contracts:

This table belongs to MCOB 9.6.1R.

Subject

Rule

Annual statements: content

MCOB 7.5.4R

Business loans

MCOB 7.7

31/10/2004

MCOB 9.7

Disclosure at the start of the contract

01/12/2004

MCOB 9.7.1

MCOB 9.7 applies to a firm when it enters into a regulated lifetime mortgage contract.

31/10/2004

Disclosure requirements where interest payments are required

MCOB 9.7.2

A firm that enters into a regulated lifetime mortgage contract with a customer where interest payments are required (whether or not they will be collected by deduction from the income from an annuity or other linked investment product) must provide the customer with the following information before the customer makes the first payment under the contract:

(1) the amount of the first payment required;
(2) the amount of the subsequent payments;
(3) the method by which the payments will be collected (for example, by direct debit or by deduction from a linked investment product such as an annuity) and the frequency of such payments and the date of collection of the first and subsequent payments;
(4) the net amount which the customer will receive, where the interest payment is deducted from the income generated by a linked investment product such as an annuity, and the method by which this amount will be paid to the customer;
(5) confirmation of whether in connection with the regulated lifetime mortgage contract insurance products such as buildings and contents insurance or payment protection insurance) have been purchased through the firm;
(6) the first premium (and subsequent premiums where different) for insurance products purchased through the firm in connection with the regulated lifetime mortgage contract;
(7) confirmation of whether the insurance premiums are to be collected with the mortgage payment or separately (where the latter applies, the firm must give details or state that these will be confirmed separately);
(8) confirmation that the regulated lifetime mortgage contract is on an interest-only basis, and details of how the firm expects the capital to be repaid (for example, from the proceeds of the sale of the property);
(9) if it is possible for arrears to occur, what to do if the customer falls into arrears, explaining the benefit of making early contact with the firm, providing the name, address and telephone of a contact point with the firm, and drawing the customer's attention to the arrears charges set out in the tariff of charges;
(10) confirmation of any linked borrowing and linked deposits that are available; and
(11) whether the regulated lifetime mortgage contract permits the customer to make any overpayments or underpayments of the amounts due.

31/10/2004

MCOB 9.7.3

The information in MCOB 9.7.2 R must be provided to the customer in a single communication, except (5), (6) and (9) which may be provided separately.

31/10/2004

Disclosure requirements where the regulated lifetime mortgage contract is a drawdown mortgage with fixed payments to the customer

MCOB 9.7.4

A firm that enters into a regulated lifetime mortgage contract which is a drawdown mortgage, with fixed payments to the customer, must provide the customer with the following information before the first payment is drawn down by the customer:

(1) the amount of the first payment to be made;
(2) the amount of subsequent payments, if different;
(3) the method by which the payment will be made (for example, by transfer to the customer's bank account) and the date of issue of the first and subsequent payments;
(4) confirmation of whether in connection with the regulated lifetime mortgage contract insurance products such as buildings and contents insurance or payment protection insurance) have been purchased through the firm;
(5) the first premium (and subsequent premiums where different) for insurance products purchased through the firm in connection with the regulated lifetime mortgage contract;
(6) confirmation of the method and date of collection of the premiums for insurance products purchased through the firm;
(7) details of how the firm expects the capital and interest to be repaid (for example from the proceeds of the sale of the property);
(8) confirmation of any linked borrowing and linked deposits that are available; and
(9) whether the regulated lifetime mortgage contract permits the customer to make any repayments on the regulated lifetime mortgage contract.

31/10/2004

MCOB 9.7.5

The information in MCOB 9.7.4 R must be provided to the customer in a single communication, except (4), (5) and (6) which may be provided separately.

31/10/2004

MCOB 9.7.6

Disclosure requirements where the regulated lifetime mortgage contract is a drawdown mortgage without fixed payments to the customer Where the regulated lifetime mortgage contract is a drawdown mortgage and the customer can choose the amount and frequency of the payments they receive, or the amount and frequency of payments can vary for other reasons (for example in line with interest rates) the firm must provide the customer with the following information before the first payment is drawn down by the customer:

(a) where the customer can choose the amount and frequency of the payments they receive, details of any limitations to the amount and frequency of the payments which the customer may request; or
(b) where the amount and frequency of payments can vary for other reasons (for example in line with interest rates), the amount of the first payment and details of how the amount and frequency of the payments can be varied in future;

(2) the method by which the payment will be made (for example, by transfer to the customer's bank account);
(3) confirmation of whether in connection with the regulated lifetime mortgage contract insurance products such as buildings and contents insurance or payment protection insurance) have been purchased through the firm.
(4) the first premium (and subsequent premiums where different) for insurance products purchased through the firm in connection with the regulated lifetime mortgage contract;
(5) confirmation of the method and date of collection of the premiums for insurance products purchased through the firm;
(6) details of how the firm expects the capital and interest to be repaid (for example from the proceeds of the sale of the property;
(7) confirmation of any linked borrowing and linked deposits that are available; and
(8) whether the regulated lifetime mortgage contract permits the customer to make any repayments on the regulated lifetime mortgage contract.

31/10/2004

MCOB 9.7.7

The information in MCOB 9.7.6 R must be provided to the customer in a single communication, except (3), (4) and (5) which may be provided separately

31/10/2004

Disclosure requirements where a lump sum payment is made to the customer and interest is rolled up

MCOB 9.7.8

Where the regulated lifetime mortgage contract provides for a lump sum payment to be made to the customer, and all or part of the interest will be rolled up during the life of the mortgage, the firm must provide the customer with the following information before the customer makes the first payment under the contract, or if no payments are required from the customer, within seven days of completion of the mortgage:

(1) if no payments are required from the customer, confirmation that no payments are required and details of how the firm expects the capital and interest to be repaid (for example from the proceeds of the sale of the property);
(2) if payments are required from the customer:

(a) the amount of the first payment required;
(b) the amount of the subsequent payments;
(c) the method by which the payments will be collected, the frequency of such payments and the date of collection of the first and subsequent payments; and
(d) what to do if the customer falls into arrears, explaining the benefit of making early contact with the firm, providing the name, address and telephone of a contact point with the firm, and drawing the customer's attention to the arrears charges set out in the tariff of charges;

(3) confirmation of whether in connection with the regulated lifetime mortgage contract insurance products such as buildings and contents insurance or payment protection insurance) have been purchased through the firm.
(4) the amount of the first premium (and subsequent premiums where different) for insurance products purchased through the firm in connection with the regulated lifetime mortgage contract;
(5) confirmation of the method and date of collection of the premiums for insurance products purchased through the firm in connection with the regulated lifetime mortgage contract;
(6) confirmation of any linked borrowing and linked deposits that are available; and
(7) whether the regulated lifetime mortgage contract permits the customer to make any overpayments or underpayments of the amounts due.

31/10/2004

MCOB 9.7.9

The information in MCOB 9.7.8 R must be provided to the customer in a single communication, except (3) (4) and (5) which may be provided separately

31/10/2004

Record keeping requirements

MCOB 9.7.10

(1) A firm must make and retain an adequate record of the information that it provides to each customer at the start of the regulated lifetime mortgage contract in accordance with this section.
(2) The record required by (1) must be maintained for a year from the date that the information is provided to the customer.

31/10/2004

MCOB 9.8

Disclosure after sale

01/12/2004

Annual statements: content

MCOB 9.8.1

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

(1) except in the case of mortgage credit cards, information on the type of regulated 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) 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):

(a) (if applicable) the date and amount of each payment made by the customer;
(b) (if applicable) the amount of each payment that was due from the customer during the statement period;
(c) for drawdown mortgages, the date and amount of each payment made to the customer;
(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;
(e) the amount of interest charged under the regulated lifetime mortgage contract during the statement period; and
(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) 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 the regulated lifetime mortgage contract; and
(4) information at the date the statement is issued on:

(a) the amount owed by the customer under the regulated lifetime mortgage contract;
(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;
(c) where applicable, the early repayment charge that applies, expressed as a monetary amount (see MCOB 9.4.83 R);
(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; and
(e) where applicable, the date on which the requirement for the customer to purchase any tied products from the firm comes an end.

31/10/2004

MCOB 9.8.2

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.

31/10/2004

Event driven information

MCOB 9.8.3

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

(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) 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) 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 the regulated lifetime mortgage contract, where that change is permitted without the customer's prior consent.

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Notification where additional borrowing taken up

MCOB 9.8.4

Examples of where MCOB 7.6.5 R will apply are the release of tranches of money to the customer in relation to a self-build mortgage or other instalment mortgage, but not a drawdown mortgage.

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Further advances

MCOB 9.8.5

The illustration provided in accordance with MCOB 7.6.7 R must;

(1) be based on the amount of the further advance only;
(2) use the term 'additional borrowing' in place of the term 'lifetime mortgage' where appropriate throughout the titles and text of the illustration;
(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:

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

(i) where payments are required on the regulated lifetime mortgage contract, what the customer's new payments will be; or
(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).

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MCOB 9.8.6

The estimated term required at MCOB 9.8.5 R(3)(b)(ii) may be:

(1) the term originally estimated in accordance with MCOB 9.4.10 R; or
(2) where the term originally estimated in accordance with MCOB 9.4.10 R has expired, a revised estimate in accordance with MCOB 9.4.10 R; or
(3) a term of the customer's choice, if the customer expresses a preference.

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MCOB 9.8.7

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."

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Addition or removal of a party to a contract

MCOB 9.8.8

For the purposes of MCOB 7.6.22 R, MCOB 9.4.19 R is replaced with the following;
"Section 2: 'Which service are we providing you with?'
Under the section heading 'Which service are we providing you with?' the following text should be included:
"We are providing you with an illustration for the addition/removal of a party/parties to this lifetime mortgage. You must make your own choice about whether changing the parties to this lifetime mortgage is right for you."

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Changes to payments, amounts drawn down and amount owed

MCOB 9.8.9

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) the amount outstanding on the regulated lifetime mortgage contract at the date the change is requested;
(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) the rate of interest applying to the regulated 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) 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) details of any charges that apply for changing the regulated lifetime mortgage contract.

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MCOB 9.8.10

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) the amount outstanding on the regulated lifetime mortgage contract at the date the change is requested;
(2) (if applicable) the revised amount to be paid to the customer under the drawdown mortgage and the frequency of payments;
(3)

(a) an estimate of the revised amount that will be owed at the end of the term; or
(b) (if the original term has expired) a revised estimate;

in accordance with MCOB 9.4.10 R;
(4) the rate of interest applying to the regulated 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) 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) details of any charges that apply for changing the regulated lifetime mortgage contract.

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MCOB 9 Annex 1

The illustration: table of contents, prescribed text and prescribed section headings and subheadings (R).

01/12/2004

This annex consists only of one or more forms. Forms are to be found through the following address:
The illustration: table of contents, prescribed text and prescribed section headings and subheadings (R) - MCOB 9 Annex 1

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