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Status: You are viewing the version of the handbook as on 2009-03-31.

MCOB Sch 1 Record keeping requirements

MCOB Sch 1.1G

The aim of the guidance in the following table is to give the reader a quick overall view of the relevant record keeping requirements.

MCOB Sch 1.2G

It is not a complete statement of those requirements and should not be relied on as if it were.

MCOB Sch 1.3G

Handbook reference

Subject of record

Contents of record

When record must be made

Retention period

MCOB 3.10.1 R

Each non-real time financial promotion

Name of individual who confirmed compliance or approved thefinancial promotion2 , and the date of confirmation

2

Date of confirmation or approval

One year from the date on which the financial promotion2 was last communicated

2

MCOB 3.10.2 G (2) to (5)

Each non-real time financial promotion

Details of: the medium for which the financial promotion2 was authorised; evidence supporting a material factual statement; evidence to show that any typical APR was representative of business

2

Date of confirmation or approval

One year from the date on which the financial promotion2 was last communicated

2

MCOB 3.10.3 G (1)

Each non-real time financial promotion

A copy of the financial promotion2 as finally published

2

Date of confirmation or approval

One year from the date on which the financial promotion2 was last communicated

2

MCOB 4.7.17 R (1)(a)

Suitability

Details of the customer information obtained, including the customer's needs and circumstances, for the purpose of assessing the suitability of a regulated mortgage contract

When the personal recommendation is made

Three years

MCOB 4.7.17 R (1)(b)

Suitability

An explanation of the reasons why the firm believes the personal recommendation complies with the suitability requirements in MCOB 4.7.4 R (1)

When the personal recommendation is made

Three years

MCOB 4.7.17 R (1)(b)

Suitability

An explanation of the reasons why a personal recommendation has been made on a basis other than that described in MCOB 4.7.13 E (1)

When the personal recommendation is made

Three years

MCOB 4.8.7 R

Scripted questions

A record of the scripted questions used in non-advised sales

The date on which the scripted questions are first used

One year from the date on which the scripted questions are superseded by a more up-to-date record

MCOB 4.6.11 R

Notice of cancellation

A record of the fact that notice has been given (including the original notice instructions and a copy of any receipt of notice issued)

When the firm first becomes aware that notice has been served

Three years

MCOB 5.4.19R

Each illustration a firm issues to a customer where the customer applies for that particular regulated mortgage contract

The Key facts illustrations (KFI) issued

The date the customer applies for the particular regulated mortgage contract

One year

MCOB 5.4.21R

Each KFI retained

Detail of: the date the KFI was issued; the date on which the customer applied for the regulated mortgage contract; and the medium through which the KFI was issued

The date the customer applies for the particular regulated mortgage contract

One year

MCOB 6.4.3R(1)

Offer document

Each offer document issued to the customer

The date on which the firm issues the offer document to the customer

One year

MCOB 6.4.3R(2)

Tariff of charges

A copy of the tariff of charges issued with, or as part of the offer document

The date on which the firm issues the tariff of charges to the customer

One year

MCOB 6.4.3R(3)

Supplemental information relating to mortgage credit cards

Information explaining that rights associated with a traditional credit card do not apply,

The date on which the firm issues the information to the customer

One year

MCOB 7.4.2R

Start of contract disclosure

The amount of the first and subsequent payments; the date and method of collection of the first and subsequent payments; details of insurance products and any repayment vehicle purchased through the firm, of the first premium payable and whether this is to be collected with the mortgage payment; detail of the repayment method, and if interest only a reminder to the customer to maintain a suitable repayment vehicle; what to do if the account falls into arrears; information about linked borrowing or savings available and whether or not overpayments or underpayments are permitted.

The date on which the firm issues the information to the customer

One year

MCOB 8.5.22R(1)(a)

Suitability

Details of the customer information obtained, including the customer's needs and circumstances, for the purpose of assessing the suitability of a equity release transaction2

2

When the personal recommendation is made

Three years

MCOB 8.5.22R(1)(b)

Suitability

An explanation of the reasons why the firm believes the personal recommendation complies with suitability requirements in MCOB 8.5.4R(1)

When the personal recommendation is made

Three years

MCOB 8.5.22R(1)(b)

Suitability

An explanation of the reasons why a personal recommendation has been made on a basis other than that described in MCOB 8.5.17E(1)

When the personal recommendation is made

Three years

MCOB 8.3.1R(1)

Scripted questions

A record of the scripted questions used in non-advised sales

The date on which the scripted questions are first used

One year from the date on which the scripted questions are superseded by a more up-to-date record

MCOB 8.3.1R(1)

Notice of cancellation

A record of the fact that notice has been given (including the original notice instructions and a copy of any receipt of notice issued)

When the firm first becomes aware that notice has been served

Three years

MCOB 9.3.1R

Each illustration a firm issues to a customer where the customer applies for that particular equity release transaction2

2

The key2facts illustrations (KFI) issued

2

The date the customer applies for the particular equity release transaction2

2

One year

MCOB 9.3.1R

Each KFI retained

Detail of: the date the KFI was issued; the date on which the customer applied for the equity release transaction2; and the medium through which the KFI was issued

2

The date the customer applies for the particular equity release transaction2

2

One year

MCOB 9.5.2R

Offer document

Each offer document issued to the customer

The date on which the firm issues the offer document to the customer

One year

MCOB 9.5.2R

Tariff of charges

A copy of the tariff of charges issued with, or as part of the offer document

The date on which the firm issues the tariff of charges to the customer

One year

MCOB 9.5.2R

Supplemental information relating to mortgage credit card

Information explaining that rights associated with a traditional credit card do not apply

The date on which the firm issues the information to the customer

One year

MCOB 9.7.10R

Start of contract disclosure where interest payments are required

The amount of the first and subsequent payments; the date, frequency and method of collection of the first and subsequent payments; the net amount the customer will receive where interest is deducted from income and the method by which this will be paid; details of insurance products purchased through the firm, of the first premium payable and whether this is to be collected with the mortgage payment; confirmation that the lifetime mortgage1 is on an interest-only basis and details of how the firm expects the capital to be repaid; what to do if the account falls into arrears; information about linked borrowing or savings available and whether or not overpayments or underpayments are permitted.

1

The date on which the firm issues the information to the customer

One year

MCOB 9.6.1R

Illustrations required on event-driven changes to the contract

A copy of the illustrations issued for further advances requiring authorisation; rate switches and the removal or addition of a party to the contract

When the illustrations is issued

One year

MCOB 9.7.10R

Start of contract disclosure for a drawdown mortgage with fixed payments to the customer

The amount of the first and subsequent payments; the date of issue and method of the payment of the first and subsequent payments; details of insurance products purchased through the firm, and of the first and subsequent premiums and the method and date of collection; details of how the firm expects the capital and interest to be paid; information about linked borrowing or savings available and whether or not repayments are permitted

The date on which the firm issues the information to the customer

One year

MCOB 9.7.10R

Start of contract disclosure for a drawdown mortgage without fixed payments to the customer

Where the customer can choose the frequency of the payment, details of the limitations on frequency and amount of payments; where payments can vary for any other reasons, details of the amount of the first payment and how subsequent payments can vary; the method by which payments will be made; details of insurance products purchased through the firm, and of the first and subsequent premiums and the method and date of collection; details of how the firm expects the capital and interest to be paid; information about linked borrowing or savings available and whether or not repayments are permitted

The date on which the firm issues the information to the customer

One year

MCOB 9.7.10R

Start of contract disclosure where a lump sum payment to the customer is made and interest is rolled up

Confirmation if appropriate that no payments are required and details of how the firm expect capital and interest to be paid; if payments are to be made, the amount, frequency and method of collection of the first and subsequent payments; what to do in the case of arrears; details of insurance products purchased through the firm, and of the first and subsequent premiums and the method and date of collection; details of how the firm expects the capital and interest to be paid; information about linked borrowing or savings available and whether or not repayments are permitted

The date on which the firm issues the information to the customer

One year

MCOB 11.3.1R(2)

Ability of the customer to repay advance

Evidence to demonstrate that the firm has taken into account the customer's ability to repay

When the assessment of the customer's ability to repay is made

One year from the date on which the regulated mortgage contract is entered into, or the further advance provided

MCOB 11.3.4R(2)

Responsible lending policy

A record of the firm's written policy setting out the factors the firm will take into account in assessing the customer's ability to repay

The date on which the policy is set

One year from the date on which the policy is replaced

MCOB 13.3.9

Dealings with customers in arrears or with a mortgage shortfall debt

Details of all communicationwith the customer; information relating to any repayment plan; date of issue of any legal proceedings; arrangements made for sale of a repossessed property; and the basis of any tailored information where the loan is for a business purpose.

The date on which the customer's account first falls into arrears

One year from the date on which the relevant payment shortfall or mortgage shortfall debt is cleared