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Status: You are viewing the version of the handbook as on 2005-06-30.

MCOB 8.1 Application

Who?

MCOB 8.1.1RRP

This chapter applies to a firm in a category listed in column (1) of the table in MCOB 8.1.2 R in accordance with column (2) of that table.

MCOB 8.1.2RRP

This table belongs to MCOB 8.1.1 R

(1) Category of firm

(2) Applicable section

mortgage lender

whole chapter except MCOB 8.5

mortgage adviser

whole chapter

mortgage arranger

whole chapter except MCOB 8.5.

What?

MCOB 8.1.3RRP

This chapter applies if a firm:

  1. (1)

    in the course of carrying on a regulated mortgage activity:

    1. (a)

      makes, or anticipates making, a personal recommendation about; or

    2. (b)

      gives, or anticipates giving, personalised information relating to;

    the customer:

    1. (c)

      entering into a regulated lifetime mortgage contract; or

    2. (d)

      varying the terms of a regulated lifetime mortgage contract entered into by the customer; or

  2. (2)

    in addition to (1), gives advice or personalised information to the customer on home reversion schemes.

MCOB 8.1.4RRP
  1. (1)

    MCOB 4.4 (Initial disclosure requirements) (as modified by MCOB 8) applies only in relation to varying the terms of a regulated lifetime mortgage contract entered into by the customer in any of the following ways:

    1. (a)

      adding or removing a party;

    2. (b)

      taking out a further advance; or

    3. (c)

      switching all or part of the regulated lifetime mortgage contract from one interest rate to another.1

  2. (2)

    Otherwise, this chapter, MCOB 8, applies in relation to any form of variation of a regulated lifetime mortgage contract.

MCOB 8.1.5G

If a firm is an authorised professional firm, MCOB 1.2.10 R (3) has the effect that when the firm conducts non-mainstream regulated activities with a customer, MCOB 4.4 (Initial disclosure requirements) (as modified by MCOB 8) applies. The firm is only required to provide the initial disclosure information in MCOB 8 Annex 1R or MCOB 4 Annex 2R2 section 7 (What to do if you have a complaint) and section 8 (Are we covered by the Financial Services Compensation Scheme (FSCS)?).

2