Mortgage business claims
FSCS can only consider claims relating to mortgages sold on or after 31 October 2004 and only against firms that were fully authorised at the date the advice was given. You can check whether a firm is authorised by using the FSA's firmcheck service.
The main area of mortgage advice that may give rise to a claim falling within the remit of FSCS relates to the suitability of that advice for the customer's circumstances at the time.
Examples of unsuitable mortgage advice that may give rise to claims within the scope of FSCS include:
- Where a consumer has not been advised about the different types of mortgage available, which resulted in them choosing a mortgage that was not suitable for them at the time. They have lost money as a result.
- If specific details of the mortgage chosen are incorrect, for example a longer term has been selected than the consumer had intended or required, and the consumer has lost money as a result.
- If a consumer was advised to switch mortgages but was not given an adequate explanation of why a switch should be made, and the advice to switch mortgages resulted in the consumer losing money.
- If a consumer was advised to take out a lifetime mortgage that was unsuitable for their circumstances at the time and they have lost money as a result.
FSCS has not yet received a claim falling under the Mortgage Advice and Arranging Sub-scheme, and no firms have been declared in default under this Sub-scheme.
Compensation limits
FSCS can pay up to £48,000 in compensation per person, which is made up of 100% of £30,000 and 90% of the next £20,000.
