The UK's Financial Services Authority (FSA) has penalised three firms found
failing to meet its requirements following sub-prime investigations published
in July.
All three had inadequate mortgage sales and advice procedures which exposed
their customers to the risk of receiving unsuitable advice, according to the
financial services regulator.
The FSA revealed that it has fined The Loan Company trading as Greenhill Finance
(TLC) GBP31,500 and Next Generation Mortgages Limited (NGM) GBP10,500. It has
also stopped Homebuyer Securities Limited (HSL) from trading.
The FSA investigations found various failings in the firms, including the fact
that TLC and NGM failed to correct record keeping failings identified during
FSA visits in 2005.
They also did not gather adequate customer information to assess affordability
or support the mortgage recommendations made; TLC did not adequately train its
staff, failed to monitor or review client files properly and gave customers
inconsistent information about the key features of the product; NGM could not
demonstrate why recommendations were made and it failed to explain the details
or risks of recommended mortgages to customers; and HSL did not ensure that
all of its advisers were qualified to give mortgage advice.
As a result of their failings NGM has agreed to stop selling self-certification
mortgages, which require no verification of income by lenders, and HSL has agreed
that its director will never work as a mortgage broker again. All three firms
have been required to conduct a past business review to identify whether customers
have suffered losses as a result of receiving unsuitable advice.
Margaret Cole, FSA Director of Enforcement, explained that:
"Firms who do not comply with FSA standards taint the entire mortgage
industry which is totally unacceptable. Any firms who place their customers
at risk of receiving unsuitable advice through inadequate business processes
can expect strong action from the FSA. Firms must ensure they have appropriate
systems to protect their customers."
She continued:
"There are a number of actions we can take against firms and individuals
which includes fines, public censures or stopping firms and/or individuals from
doing business. In addition to these penalties we can also instruct a firm to
conduct a detailed and lengthy review of their clients' files. This will establish
if any customers are owed redress and could cost firms many thousands of pounds."
TLC and NGM agreed to settle at the first stage of the FSA's investigation,
thereby qualifying for a 30% discount. Without this discount, their fines would
have been GBP45,000 and GBP15,000.
The firms' failings were found during the FSA's work on the sub-prime mortgage
market, looking at responsible lending practices and firms’ assessments
of a consumer’s ability to afford a mortgage. As a result, five firms
were referred to enforcement.