8.6.2 The Fraudulent Status of the Advice Given
Our Case 1 Analyses of the Endowment Mortgage and the Repayment Mortgage (see Section 8.2, Section 8.3 and Section 8.4) showed that, for an Amount Borrowed of £35,000 over 20 years at 11.85% p.a.:
(i) |
investment in the Endowment Mortgage yields an Internal Rate of Return of 13.158% p.a. with an Equivalent Monthly Cost of £345.10 —— this, CONDITIONAL on the assumed growth rate being achieved. |
(ii) |
investment in the Repayment Mortgage yields the CERTAINTY Internal Rate of Return of 13.18% p.a. with an Equivalent Monthly Cost of £331.33. |
Therefore, the Endowment Mortgage does not provide any Excess Return, above that of the Repayment Mortgage, to justifiably compensate the borrower / investor for its associated Risks.
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Our Case 1 Analysis of the Early Repayment Term (see Section 8.5) showed that:
(i) |
by choosing an 18 Year Repayment Mortgage our loan of £35,000 @ 11.85% p.a. would be repaid WITH CERTAINTY for a Net Outlay of £344.83 per month —— this corresponds to an Internal Rate of Return of 13.276% p.a. on our investment. |
(ii) |
by choosing a 20 Year Endowment Mortgage our loan of £35,000 @ 11.875% p.a. would be repaid in 18 Years, IF THE ASSUMED GROWTH RATE IS ACHIEVED, for a Net Outlay of £345.10 per month —— this corresponds to an Internal Rate of Return (CONDITIONAL on the assumed growth rate being achieved) of 13.268% p.a. on our investment. |
Therefore, on the basis of the 18 year Early Repayment Term, the Endowment Mortgage does not provide any Excess Return, above that of the 18 year Repayment Mortgage, to justifiably compensate the borrower / investor for its associated Risks.
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As we have shown in Section 8.6.1, the Risks associated with the Endowment Mortgage are very real and very substantial.
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(a) |
First National’s expert advice (i.e. their oral representation supported by the written representations in their Mortgage Quotation Comparison) to me was to choose the Endowment Mortgage. On the basis of their fiduciary position, such advice clearly constitutes negligent misrepresentation. (See Section 2.3.3: Negligent Misrepresentation. See also Section 2.8.1: The Right to Revoke the Contract , and Section 2.8.3: The Measure of Damages as a result of a successful Action based on the Common Law liability under Negligent Misrepresentation.) |
(b) |
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(c) |
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