Distance Contracts and Unsolicited Services | Mortgage and Home Finance Conduct of Business MCOB | Template for FCA Applications and Authorised Firms

6.5 Distance Contracts

Where The company enters into any distance contract with a consumer, the making or performance of which constitutes or is part of a regulated mortgage contract, home purchase plan or regulated sale and rent back agreement; we always: –

• Ensure at the consumer’s request, to provide a paper copy of the contractual terms and conditions of the regulated mortgage contract, home purchase plan, regulated sale and rent back agreement or services being provided by the firm
• Comply with the customer’s request to change the means of distance communication used, unless this is incompatible with the regulated mortgage contract, home purchase plan, regulated sale and rent back agreement or service being provided by the firm
• Ensure that information provided to a consumer before the conclusion of a distance contract about their contractual obligations under that contract, conform with the contractual obligations that would be imposed on them under the law applying if the contract were concluded

6.6 Unsolicited Services

As part of our regulatory requirements under MCOB 2.7.6R and our own business compliance objectives, the company ensures that in relation to distance marketing and any unsolicited services, we never: –

• Supply a service to a consumer without a prior request on their part, when this activity includes a request for immediate or deferred payment; or
• Enforce any obligations against a consumer in the event of unsolicited supplies of services, the absence of a reply not constituting consent

These objectives apply directly in relation to mortgage mediation activities, entering into a regulated mortgage contract, home purchase mediation activities or entering into a home purchase plan under an organised distance sales or service-provision scheme run by the company or by an intermediary, who, for the purpose of that supply, makes exclusive use of one or more means of distance communication up to and including the time at which the services are supplied.

An unsolicited commercial communication sent by e-mail by or on behalf of the company, is always identifiable clearly and unambiguously as an unsolicited commercial communication as soon as it is received by the recipient.