Citywire for Financial Professionals
Stay connected:

Citywire printed articles sponsored by:


View the article online at http://citywire.co.uk/money/article/a461448

Offset mortgages: new compensation rules explained

People with offset mortgages and deposits over the new £85,000 compensation limit are understandably confused about how the scheme will now work. Here we clarify the new FSCS rules.

Citywire readers with offset mortgages and deposits in excess of the new £85,000 level of compensation are understandably confused about how the new scheme will work – not least of all because the Financial Services Compensation Scheme (FSCS) has only just clarified the situation.

The old compensation rules

In the past if a mortgage lender failed, anyone with an offset mortgage had their deposit account offset against the mortgage – but did not receive any cash compensation.

Although not everyone would have been happy to be forced to pay off a big chunk of their mortgage and lose control of their cash, they didn’t lose any money no matter how large the deposit so long as it remained smaller than the mortgage.

The new compensation rules

In the run up to the new rules being introduced on 4th January the FSCS confirmed, several times, that under the new regime there would be no FSCS compensation above the £85,000 limit for those with offset mortgages and deposits in excess of £85,000.

This was discussed at length with the FSCS when a reader sent in a query a couple of months ago and the FSCS confirmed at that time that this is how the new rules would work.

So it appeared that the new rules were not an improvement for the few homebuyers with offset loans and a deposit of more than £85,000.

However, the FSCS has now clarified how things will work.

Under the new rules cash compensation up to £85,000 will be paid to depositors - including those with offset mortgages. But any excess over the £85,000 will still be offset against the mortgage – by the liquidators, not the FSCS, which is where the confusion came in.

For example, if you had a mortgage of £250,000 and an offset savings account of £100,000 you will receive £85,000 cash compensation from the FSCS, and the liquidator with use the remaining £15,000 of your balance to reduce the mortgage to £235,000.

Sign in / register to view full article on one page

7 comments so far. Why not have your say?

Still concerned

Jan 11, 2011 at 23:42

Is there any chance there wouldn't be sufficient funds available from the liquidator?

report this

Luke Skywalker

Jan 12, 2011 at 09:43

It depends where in the ladder the offset mortgage holders come in the list of importance to receive funds back from administrator. This article does not answer this.

report this

David Evershed

Jan 12, 2011 at 11:12

RE Still concerned

There is no cash involved for the bust bank to reduce the mortgage debt from £250k to £235k - you just owe them less.

The bust bank will probably sell the debt to another institution but it is now worth less to the purchaser than it would have been without the offset. So bust bank gets less and their unguaranteed creditors have less from the sale to share out..

report this

John L

Jan 12, 2011 at 12:34

I e-mailed the FSCS on 10.1.2011 as well as posting fears on Citywire because of the confusion & the different views expressed in the press & Citywire. Lorna is quicker to answer the specific query with regard to those with offset accounts with a credit balance higher than the compensation limits but lower than the mortgage. This is now logical & helpful. It is a pity that the FSCS were absolutely incorrect when I telephoned with this query early this month....let us see whether they answer my question more accurately this time!

The question of whether or not the liquidator will have a legal duty to pay off ones own mortgage with ones own credit balance before other calls on assets remains to be answered & I am minded to reduce our joint credit account to 170,000 .

Perhaps,Lorna,you are now getting a headache but do you have the energy to keep going & see what the liquidators approach would be?

cheers, John

report this

Grapevine

Jan 12, 2011 at 13:36

What will be the situation where Family offset is used , parents deposits but not a party to the son/daughters actual Mortgage ??

If two parents hold a £100K deposit each as an offset on adult childs £250K mortgage and the lender defaults, will the whole £100K each be safe with £85K being covered by the new Guarantee and the £15K balance being allowed against the mortgage debt ? or is the excess over £85K each at risk of loss as the Mortgage debt is not in the same name as the Offset depositor ?

report this

John L

Jan 12, 2011 at 14:15

Wow! Grapevine has another spin! In this case the excess looks to be at risk but what looked straighforward before Christmas now looks so complicated!

report this

Going loco

Jan 13, 2011 at 16:51

My wife and I are, at the moment, one of the few who are in the position where this matters. We have a six figure offset mortgage and, temporarily, a very much larger six figure credit balance spread across several accounts all with the same provider.

It seems to me that the only really sensible arrangement is to ensure that our maximum deposit with this institution is £170,000 and to move the rest of the money. I say this because I have had experience of buying assets from liquidators and in my opinion they take forever to do anything (on 2 occasions I reached the conclusion they were deliberately prolonging the liquidation until they had extracted all the available cash as fees). If our mortgage provider goes belly up I bet all our money will be frozen for months (years?) until the liquidator has decided what to do.

Also, as I have said here before, I really do not think there will be enough money in the system to compensate depositors if a really big bank goes bust.

If anyone had suggested that one would distrust any of the big banks when I was a child they would have been laughed at. Midland bank disappear from the High Street? Ha Ha Ha. Silly boy. Halifax Building Society at risk of default? Absurd. LLoyds need to be rescued by the government? Rubbish, can't possibly happen.

Nowadays - God may know which banks will still be there in 5 years' time, but I don't.

report this

leave a comment

Please sign in here or register here to comment. It is free to register and only takes a minute or two.

Sorry, this link is not
quite ready yet