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The Full Handbook
Full Handbook / MCOB / 12 / 5

Click here to view amending instruments for this sectionMCOB 12.5 Excessive charges: regulated mortgage contracts, home reversion plans and regulated sale and rent back agreements1

MCOB 12.5.1 Rule01/07/2009
A firm must ensure that any regulated mortgage contract1,1 home reversion plan2 or regulated sale and rent back agreement1 that it enters into does not impose, and cannot be used to impose, excessive charges upon a customer.
MCOB 12.5.2 Rule01/07/2009
2A firm must ensure that its charges to a customer in connection with the firm entering into, making a further advance or further release on, administering, arranging or advising on a regulated mortgage contract1,1 home reversion plan or regulated sale and rent back agreement1, or arranging or advising on a variation to the terms of a regulated mortgage contract1,1 home reversion plan or regulated sale and rent back agreement 1are not excessive.2
MCOB 12.5.3 Guidance31/10/2004
When determining whether a charge is excessive, a firm should consider:

(1) the amount of its charges for the services or products in question compared with charges for similar products or services on the market;

(2) the degree to which the charges are an abuse of the trust that the customer has placed in the firm; and

(3) the nature and extent of the disclosure of the charges to the customer.

MCOB 12.5.4 Guidance06/04/2007
2Mortgage lenders 2are also subject to requirements relating to responsible lending (see MCOB 11).