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FCA regulation

Dear all. I have been advised to ask advice from an independent mortgage expert, following the FCA request for evidence of a breach in regulation. They have advised me that my evidence has now been passed to their team who regulate this bank. 

A Kfi was issued for a reduction £138k satisfying bank LTV criteria, however it has now become clear that the application under the kfi ref was for an increased figure £142131.00, greater than 1% stated in kfi, at any rate out side of existing contractual LTV criteria. 

It was not level of lending agreed in kfi and was not level of lending required. 

Application was formally declined in letter stating failure on credit scoring. Bank control shows good score normal case. 

So given FCA request I’m wondering if any regulatory rules have been breached. 
«1

Comments

  • K_S
    K_S Posts: 6,907 Forumite
    Fifth Anniversary 1,000 Posts Photogenic Name Dropper
    @potatoefeet66 Would you mind giving a bit of background? It's not clear to me what the issue is and where the FCA comes in?

    Are you saying that the illustration you were sent indicated a loan amount of £138k but the application went in for £142k? I'm not sure what you mean by "contractual LTV criteria".

    I am a Mortgage Adviser - You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. 

    PLEASE DO NOT SEND PMs asking for one-to-one-advice, or representation.

  • K_S said:
    @potatoefeet66 Would you mind giving a bit of background? It's not clear to me what the issue is and where the FCA comes in?

    Are you saying that the illustration you were sent indicated a loan amount of £138k but the application went in for £142k? I'm not sure what you mean by "contractual LTV criteria".
    A mortgage was already existing with LTV criteria of 60-40%. Lender issued kfi at point of application of 138k however an application was submitted and declined for a higher figure outside of bank criteria. 

    I asked the FCA about this and hence their request and acknowledgment they have passed documents supporting a breach to their team who regulate lender. 
  • RO1993
    RO1993 Posts: 8 Forumite
    First Post
    Who applied for the higher amount?
  • K_S said:
    @potatoefeet66 Would you mind giving a bit of background? It's not clear to me what the issue is and where the FCA comes in?

    Are you saying that the illustration you were sent indicated a loan amount of £138k but the application went in for £142k? I'm not sure what you mean by "contractual LTV criteria".
    A mortgage was already existing with LTV criteria of 60-40%. Lender issued kfi at point of application of 138k however an application was submitted and declined for a higher figure outside of bank criteria. 

    I asked the FCA about this and hence their request and acknowledgment they have passed documents supporting a breach to their team who regulate lender. 
    Kfi was not for illustration purposes it was figure of 138k a reduction to outstanding balance agreed by lender to meet LTV criteria. 

    Lender submitted application with higher figure outside of bank criteria. 


  • RO1993 said:
    Who applied for the higher amount?
    The lenders advisor 
  • RO1993
    RO1993 Posts: 8 Forumite
    First Post
    RO1993 said:
    Who applied for the higher amount?
    The lenders advisor 
    I don’t think I follow this at all.

    So if a mortgage exists, are you remortgaging?
    Are you using a broker? Maybe you could bullet point the steps to help understand 
  • Nearlyold
    Nearlyold Posts: 2,456 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    RO1993 said:
    RO1993 said:
    Who applied for the higher amount?
    The lenders advisor 
    I don’t think I follow this at all.

    So if a mortgage exists, are you remortgaging?
    Are you using a broker? Maybe you could bullet point the steps to help understand 
    A thorough read of the OP's previous threads on what appears to be the same mortgage (from 2005) will get you up to speed.
  • ACG
    ACG Posts: 24,881 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    RO1993 said:
    I don’t think I follow this at all.

    Your not alone!
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • This was a miss use of a process. That lender failed to disclose or correct. 

    Unfair treatment and not in anyway in the customers interest. 

    That’s in the rules. 




  • chanz4
    chanz4 Posts: 11,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Xmas Saver!
    they also dont have to lend
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
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