An adviser recommends Priya consolidate with a 5-year fixed rate. She rejects the advice and wants a 2-year tracker from a different lender, still mainly to consolidate debts. What does MCOB allow?
MCOB 4.8A.12R disapplies the 4.8A.7R ban where the customer has rejected advice and wishes to enter into a different contract execution-only. MCOB 4.8A.14R(4) and (5) then require her to be told (clearly, in a durable medium or recorded oral statement) that the firm advised the contract is unsuitable and that she loses the MCOB 4.7A protections, and she must confirm her positive election. The rejected advice and her reasons are recorded (4.8A.18R). The high net worth route is a separate exception, not a condition of this one.
Believing the debt consolidation ban on execution-only has no exceptions.
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