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The Financial Services Authority indicated yesterday that more than half a million Halifax customers on tracker mortgages should benefit from further interest rate cuts even though the small print on their loans supposedly prevents them from doing so.
An estimated 550,000 Halifax borrowers with tracker mortgages, which move up and down in line with the base rate, appeared set to miss out on future rate cuts because the small print on their loans allowed Halifax to stop reducing rates once the base rate falls below 3 per cent.
Jon Pain, the FSA's retail market manager, said yesterday that this 3 per cent threshold, or “collar”, could be unenforceable. He said collars should be included in a lender's key facts illustration (KFI) - the mortgage documents given to every borrower. Halifax removed the details of its collar from its key facts in 2005.
Mr Pain told the Council of Mortgage Lenders (CML), the industry body representing the banks and building societies that make home loans: “If it is not [included] you run the real risk of both breaching our disclosure requirements and having an unfair contract term you cannot enforce.”
The Bank of England is widely expected to cut rates again tomorrow from 3 per cent. A borrower with an interest-only £200,000 tracker mortgage at 1 percentage point above the base rate could save more than £80 a month if rates fall by half a point, while a full point cut would cut £160 off their monthly mortgage bills.
Halifax, Britain's biggest mortgage lender, said it was considering its position. “We will make the decision on whether or not to exercise the option when rates do fall below 3 per cent,” a spokesman said. “We are noting the comments by the FSA and are looking into them.”
It emerged yesterday that the removal of details of the tracker loan collar from the Halifax mortgage key facts in 2005 was the result of concerns that the FSA raised over the complexity of the Halifax's mortgage documentation. The regulator was worried that the 11-page key facts statement was overblown for a document designed to highlight the key elements of the loan, and asked for it to be trimmed back. The collar detail was one of the items removed and relegated into the smaller print of the larger mortgage document.
A spokesman from the FSA defended the request to simplify the documentation, adding: “It cannot be right that to shorten your KFI you take out something which is required under FSA rules. It is a rule that a collar should be included in a lender's KFI.”
The FSA's intervention on tracker rate collar disclosures emerged as the CML launched a scathing attack on the Government, accusing it of failing to do enough to alleviate the mortgage drought gripping the country.
Michael Coogan, director-general of the CML, said that the Government's response to the plans put forward by Sir James Crosby in a report requested by the Treasury to help to kick-start the mortgage market were “simply not good enough”.
He said that government demands for lenders to pass on interest rate cuts were “short-sighted and counterproductive”, highlighting how savers lost out when interest rates were cut.
He added that mortgage lending would not meet the Government's target of matching 2007 levels next year and could even net at zero or less, with lenders repaying more than was borrowed. He said that the government scheme to rescue 6,000 households from repossession was not ambitious enough.
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Maurizio, I think you find that Abbey will pass on the 1.5% November cut at the beginning of January. I have an Abbey tracker as well and know that there is always a time lag of one month for interest rate changes. The 0.5% cut you had will relate to the October base rate cut.
Craig, Leeds, UK
But what does it cost Halifax to borrow the funds that it lends? A collar prevents Halifax having to go below the long term interest costsof its financing. Keep to the terms and conditions of the contract signed. Maintain the rule of law.
David L. Anderson, Crawley, England
We have had interest only tracker with the Chelsea since Jan tracking at 0.26% below base rate. Was then 5.5% and cost £873. Is now down to £456. Great news is that there is no collar with the Chelsea. So what happens if the rate goes to 0%? Do the Chelsea start paying me?
Shaun, Leicester,
FSA say "reduce pages" Bank does
THREE YEARS LATER FSA notice what was taken out is required by their rules
I would have thought reading the updated KFI was part of the job.
Steve, Llantwit Fardre, Wales
The previously dormant FSA has now become the latest instrument in the governments desperate attempt to prop up the collapsing credit bubble in the UK
As for the mortgage drought, any one borrowing 3x their income & 10% deposit doesnt have a problem getting a loan. 2007 levels=reckless lending.
Tom Brewer, Slough, UK
Why haven't Alliance and Leicester reduced their variabe rate. They are owned by Santander which is a wealthy bank so why
aren't they passing the 1.5% BOE reduction on from 1st December? A & L only passed on a minimal amount in October!!
patricia topping, Gloucester, Gloucestershire
I am tired of the Banks trying to "wash their hands" of the economic disaster that they have brought on us all. It's time for them to actually do something positive instead of hoarding the cash tax payers have given them. As for savers... interest rates have been far too high for to long.
M Chapman, Robertsbridge, England
I contacted Halifax about this a couple of weeks ago, and was told that my tracker would fall to whatever the BoE rate was + my .49%.
Chris, Leicester, UK
Maybe someone could now persuade RBS (the so-called "angel" of the banking industry) to do the same with its one account.
When Virgin ran the company, it was a tracker mortgage product, yet RBS still haven't passed on the 1.5%, or any portion of it...
Isaac Clarke, London, UK
Presumably you also support The Halifax in reducing their savings rates.
What is the ratio of savers to borrowers ?
Isn't it inconsistent to say that people in work should save for their retirement and at the same time penalise those who did exactly that.
Jim Dye, Fadmoor, North Yorkshire
The UK got into this mess because we lacked an effective regulating body. In its place we had the FSA. Now they are demanding banks cut mortgage rates to the bone. What about savers?
Banks needed bailing out because they lent far more money than deposits. Then savers began withdrawing money.
Harry, London, UK
Indeed John, The FSA advised Halifax that the KFI was too long and to amend it.
It may just be PR suicide though not to pass the cut on to tracker borrowers, After all the Govt want rates to reduce and they have a big (Implicit) say in what HBOS/RBS and Lloyds offer.
Lets see what happens tomorrow
Neil Stephens, London, UK
In a true free market, the seller of a product cannot change the deal after the moment of sale. Banks changed to a feudal system denying the right to a long term fixed rate mortgage and allowing them to constantly change the deal. The whole problem can be eliminated by insisting on free market terms
Chris Coles, Medstead, Alton, United Kingdom
All banks should reduce their standard variable rate mortgage rates in line with base rate. For example Standard Life standard variable rate is 3.59% above base. They along with the UK government got us in to this mess they should be doing their bit to get us out of it and quickly.
Michael, Bromyard, England
I'm glad the issue is being raised now. I seem to be having a similar problem with my Abbey tracker mortage. The rate was cut in October by half a point and 1.5 in November, yet Abbey have only passed on a 0.5 since and I wondering what I should be doing now.
Maurizio, Crawley, UK
i've been living in china for two years. the government here would not be messing about with any of this and would have stepped in and lending would have resumed. get off the fence darling - if it's genuinely bad - then a little less conversation, a little more action!!!!
stephen, china, china
With regulation of insurance in 2005 -insurance providers had to provide Key Facts Documents for all insurance products.
The FSA were singularly unhelpful in what should go in and what could be left out with the result that some Key FActs Documents were larger than the policy wordings.
John Wood, Hull, UK