Related provisions for PERG 4.6.25
1 - 14 of 14 items.
(1) There are two aspects of the definition of advising on regulated mortgage contracts that are particularly relevant to whether pre-sale questioning involves advising on regulated mortgage contracts:7(a) the fact that advice must relate to a particular regulated mortgage contract (see PERG 4.6.5G); and (b) the distinction between information and advice (see PERG 4.6.13G). (2) Whether or not pre-sale7 questioning in any particular case is advising on regulated mortgage contracts
7The first type involves identifying regulated mortgage contracts based on7 factual matters. For example, the purpose may be to identify7 whether a borrower wishes to pay a fixed or variable rate of interest or the size of deposit available.7 There are various possible scenarios, including the following:(1) the questioner may go on to identify several particular7regulated mortgage contracts which match features identified by the pre-sale7 questioning; provided these are presented
In the FCA's view, advising on regulated mortgage contracts is carried on where the borrower receives the advice. Accordingly:(1) if the borrower is located in the United Kingdom, a person advising that borrower on regulated mortgage contracts is carrying on a regulated activity in the United Kingdom; but(2) if the service provider and borrower are both located overseas, the regulated activity is not carried on in the United Kingdom.
In the FCA's view, the following exclusions are likely, in many cases, to exclude the normal activities of professional firms from amounting to regulated mortgage activities:(1) article 67 of the Regulated Activities Order (Activities carried on in the course of a profession or non-investment business), which applies in relation to the advising and arranging activities (see PERG 4.10.1 G);(2) article 66 of the Regulated Activities Order (Trustees, nominees and personal representatives)
(1) Principle 6 requires a firm to pay due regard to the interests of its customers and treat them fairly. A firm is also under an obligation, as a consequence of this sourcebook's disclosure requirements,1 to make charges transparent to customers. This chapter reinforces these requirements by preventing a firm from imposing unfair and excessive charges.1(2) The level of charges under a regulated mortgage contract,2home reversion plan1 or regulated sale and rent back agreement2