Lenders May Not Be Able To Enforce Collared Rates On Tracker Loans December 4th, 2008
We reported yesterday on the likely movement of the base rate of interest over the course of the coming months and next year and what effect it would have for those individuals with secured loans and homeowner loans, particularly those with a tracker rate on their loan.
We also mentioned about how some lenders have introduced what is known as a collared rate on their tracker products, which means that there will always be a minimum interest rate applied to the loan, regardless of what the Bank of England base rate of interest is standing at.
But now the Financial Services Authority (FSA) has been investigating collared, tracker secured loans and claims that many of the banks and building societies who have introduced such measures on their products will not actually be able to enforce them, should the base rate drop below the collared level.
The news was announced earlier this week by Jon Pain of the FSA, whilst he was speaking at the Council of Mortgage Lenders (CML) conference. He claimed that if the minimum rate was not clearly indicated in the Key Facts Illustration (KFI) and Mortgage loan offer, it was likely that such a restriction would be enforceable by the lender.
Mr Pain said “Whilst tracker interest floors can be a legitimate term of a mortgage, this can only be if it is clear and unambiguous to the consumer and is consistently and prominently spelt out in the initial KFI and offer document throughout the sales process. If it is not, you run the real risk of both breaching our disclosure requirements and having an unfair contract term you can’t enforce.”
Many lenders could fall into this trap, as details of rate collars have been removed from their documentation over the past couple of years. A prime example of this is the Halifax, one of the UK’s biggest lenders, who have a 3 per cent collar on their tracker products, but have excluded details of this from their literature since 2005. If rates continue to drop further, it is probable that this lender. Along with many others, will be forced to pass on the rate cuts to customers with homeowner loans on a tracker rate.















