• FSA Library
  • Communication documents
    • Press releases
      • 2007

FSA/PN/094/2007
1 August 2007

The Financial Services Authority (FSA) has taken action against three mortgage brokers for management failings discovered during its work last year on the quality of mortgage advice processes within firms.

Lawrence Scoffield Mortgages Limited (LSML) and Council Homebuyers (Midlands and North) Limited (CHL) have each been fined £10,500. Mortgage Network Solutions (MNS) has been given a public censure.

Jonathan Phelan, Head of Retail Enforcement at the FSA, said:

"It is essential that firms implement and maintain robust processes to ensure they recommend suitable mortgage contracts and treat their customers fairly.

"Poor processes of the kind we identified in these mortgage brokers meant there was a risk of unsuitable mortgage contracts being recommended, either because the advisers were not appropriately qualified and supervised or because the assessments of the customers’ needs and circumstances were incomplete or poorly documented."

The firms were among 65 mortgage brokers visited between June and October 2006 as part of the quality of advice process thematic project. In all, the project reviewed 252 firms of various sizes through mystery shopping, questionnaires and visits to establish a baseline on the way advice is delivered in the mortgage industry. The review found there was scope for improvement among firms in all aspects of the advice process.

Both LSML and CHL failed to exercise adequate management and control over their sales processes and MNS failed to make and retain proper records relating to its customers' needs and circumstances and to keep adequate records of its Training and Competence procedures.

The FSA has instructed LSML, CHL and MNS to carry out a past business review. All three firms agreed to settle at an early stage of the FSA's investigations. LSML and CHL qualified for a 30% discount under the FSA's executive settlement scheme. Were it not for this discount the FSA would have imposed a financial penalty of £15,000.

Notes to editors

1. Lawrence Scoffield Mortgages Limited , is based in Rippon, North Yorkshire; Council Homebuyers (Midlands and North) Limited is based in Halesowen, West Midlands; and Mortgage Network Solutions is based in Manchester, and all three Final Notices are available on the FSA website.
   Lawrence Scoffield Mortgages Limited [PDF]
   Council Homebuyers (Midlands and North) Limited [PDF]
   Mortgage Network Solutions [PDF]
2. More information about the FSA Mortgage quality of advice thematic work is available in Press notice 001/2007. The work included 252 firms overall (99 were mystery shopped, 78 were visited and 75 completed questionnaires). It looked at the quality of advisers; assessment of customer needs, such as affordability; recommendations including research; communication with customers; post sale; and management controls.
3. The FSA's consumer website, Moneymadeclear, contains useful information about mortgages.
4. The FSA regulates the financial services industry and has four objectives under the Financial Services and Markets Act 2000: maintaining market confidence; promoting public understanding of the financial system; securing the appropriate degree of protection for consumers; and fighting financial crime.
5. The FSA aims to promote efficient, orderly and fair markets, help retail consumers achieve a fair deal and improve its business capability and effectiveness.