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Santander remo and ERC hit borrower hard

ended 02. May 2023

A journalist at the Daily Telegraph is writing a piece based on >> this tweet << ("Contacted a client we arranged a 1.84% 5-year fixed for, which ends 2nd Nov. They panicked amongst the headlines in October last year, paid a £10k exit charge and fixed in at 6% for 7 years. Of course, Santander were more than happy to help him with that..."). Journalist is keen to know if you have any examples or anecdotes of banks letting people who were panicking in October after the mini-Budget pay eye-watering ERCs, non-advised, to switch onto rates which have since come down considerably. She is also after your thoughts more broadly on this situation.



 

10 responses from the Newspage community

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This is appalling and more evidence of why whole of market advice is vitally important. Whilst this may not be the lender's fault, when it comes to penalties being payable, any lender should be made to refer the client back to their original broker, or an independent body for more specialist advice. I have to say I am not at all surprised that this is Santander as they have some rather dubious practices at present when it comes to looking after their existing customers, and how they tie them in with their product transfers. Ethical behaviour is something that seems to be way beyond them. I have to say though that this is not going to be the last time we hear of this, and I foresee many complaints coming in the future as this is only the tip of the iceberg. For the record, we were telling all our clients not to pay a penalty under any circumstances, but it seldom proves to be beneficial.
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This is terrible, but really does show the importance of advice. I put out posts on social media constantly telling people not to panic, not to make rushed decisions and certainly not to exit deals early and pay ERCs without speaking to me or another adviser. Things never got as bad as the BBC and other news channels said it would and, as we suspected, once the dust settled, rates and lending calmed down and improved. I’ve spoken to all clients who faces rates are ending this year and next year and even up to 2026 to discuss what they can do to make things less brutal when their fixed rates end, and not one of them has exited early and paid an ERC.
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It's natural for borrowers to panic at times like this, and ultimately if this client wanted to move onto that rate, which gave them peace of mind at the time, and they did it directly with the lender without advice, it is what it is. Let's not forget, at the time, there were countless stories out there comparing interest rates to levels seen in the late 80s/early 90s, so 6% may have looked very appealing. This is where a conversation with a broker could have helped avoid a panic-driven decision like this but let's be honest, nobody at that time could have predicted with any accuracy where mortgage rates would be today.
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There will be many instances where people panicked last year and locked themselves in thinking the end was nigh. That is why it is important to seek professional advice, especially during turbulent times. Although none of us have a crystal ball, in my experience paying high early repayment charges to exit a deal seldom pays off and the grass is not always greener.
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Anyone who has used a broker to arrange the mortgage should be advised to talk to them first, before taking these kind of decisions. Just like a bank teller would probe and ask questions if someone went into a bank to withdraw £10,000 in cash, the representative of the lender should have asked questions, to ensure they had sought advice and knew what they were doing.
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This is a great example of just why borrowers need to speak to a professional adviser before they make any big decisions about their mortgage. A broker will go through all the scenarios, work out the exact potential gain or loss and offer some sensible advice. Whilst it is of course a customer's choice to take advice or not, I do think there are some scenarios where borrowers should have to take some advice before making such a financially important decision.
In an age of fast information flow and social media, it is all too easy to be caught up in the panic of a potential situation rather than being able to take a step back and review matters carefully and calmly.
That said, hindsight is a wonderful thing, and if it was important for the client at that time to pay the potential premium for a security blanket, then it could be argued that if things had turned the other way, they would be happy now rather than rueing their decision.
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This is a major issue within the mortgage industry. Banks barely ever refer customers back to the broker who initially places the client with them and will offer long term fixed rates direct and without advice to customers just to retain the business. Ultimately if this client had spoken to a broker they would have received advice not to come out of the deal they had and to see where the market is closer to their remortgage. In October/November last year, we had lots of customers panicking but were always able to give the advice that they should keep what they had for now and not to come out of their current deal unless it was absolutely necessary. This story really does show the importance of advice and not just trusting what your current lender is telling you is the best thing for you.
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There are circumstances when non-advised sales like these should not be permitted. A non-qualified representative switching a rate at the end of a product period is hugely different to a client incurring huge penalties and trebling their interest rate. Ethically, Santander should know better. I hope amongst all the other reviews that the FCA are doing that they find time to close this loophole and force lenders to refer to qualified advisers if a penalty will be charged.
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This highlights the gap that exists in current regulations that clients can fall through: lenders are allowed to offer "non-advised" transactions for existing customers where there is no material change to the contract; so the borrower's mortgage term and loan amount remain unchanged. The theory is that if you are simply switching interest rates, then how much harm can be done? This is a classic example of the huge financial harm that can be done when people choose not to take advice, probably under the misconception that the bank would "look after them" as an existing customer.
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That is a fine example of why Consumer Duty is the hot piece for lenders and their activity. No advice process provided by the lender, just take the client's penalty money and tie them into a rate that was never going to be good advice in the long term.