Q&As

Does the collection of mortgage arrears by way of court proceedings for possession of property subject to a mortgage fall within the regulated activity 'administering a regulated mortgage contract' pursuant to article 61(2) Financial Services and Markets Act 2000 (Regulated Activities) Order 2001? If so, are there any exclusions or exemptions which would mean that a person carrying out this kind of activity would not need to be authorised by the Financial Conduct Authority?

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Published on LexisPSL on 22/06/2016

The following Financial Services Q&A provides comprehensive and up to date legal information covering:

  • Does the collection of mortgage arrears by way of court proceedings for possession of property subject to a mortgage fall within the regulated activity 'administering a regulated mortgage contract' pursuant to article 61(2) Financial Services and Markets Act 2000 (Regulated Activities) Order 2001? If so, are there any exclusions or exemptions which would mean that a person carrying out this kind of activity would not need to be authorised by the Financial Conduct Authority?

Does the collection of mortgage arrears by way of court proceedings for possession of property subject to a mortgage fall within the regulated activity 'administering a regulated mortgage contract' pursuant to article 61(2) Financial Services and Markets Act 2000 (Regulated Activities) Order 2001? If so, are there any exclusions or exemptions which would mean that a person carrying out this kind of activity would not need to be authorised by the Financial Conduct Authority?

The regulated activity contained in Articles 61(2) and 61(3) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001,

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