Join us on Google + Join us

Posts Tagged ‘office of fair trading’

Payday Lender Fined £500,000 After Fraud Scam

Saturday, August 11th, 2012

A payday lender has been fined more than half a million pounds and had its licence revoked after falling victim to fraudsters who successfully impersonated thousands of people to take out loans.

MCO Capital, which was using the online names Help Loan and Balance Loan when it was duped, failed to carry out adequate identity checks and lacked the skills and knowledge needed to run a consumer credit business, the Office of Fair Trading (OFT) found.

Its failures made it vulnerable to fraudsters, who used the personal details of more than 7,000 people to successfully apply for loans worth millions of pounds, the trading watchdog said.

MCO Capital then caused “unnecessary distress and inconvenience” by writing to people to collect the debts, even though it knew they might not have actually borrowed the money, the OFT said.

The watchdog has imposed a £544,505 financial penalty on MCO Capital and revoked its consumer credit licence, which it needs in order to trade. However, the lender has 28 days to consider whether to lodge an appeal and said it plans to continue trading, which it is entitled to do, while it decides what to do.

The lender, which now trades online under the names Speed Credit, Paycheck Credit and Pop Credit, said in a statement:

“MCO Capital is disappointed at the decision of the Office of Fair Trading and is studying the adjudication that it takes very seriously.”

“When we have had time to fully consider the decision of the OFT will we be in a position to decide our next steps, which could include lodging an appeal. MCO continues to trade as it is fully entitled to do so whilst a decision regarding a possible appeal is being made.”

Lenders must carry out appropriate identity checks under the Money Laundering Regulations, which are designed to stop lenders leaving themselves open to money laundering and terrorist financing.

The frauds took place around the summer and autumn of 2010 and people were chased for loans they may not have taken out well into 2011, the OFT said. City of London Police detectives, who wrote to those whose details were compromised, also raised concerns in April last year that people had received demands for the repayment of loans they had not taken out.

Sarah Brooks, director of financial services at Consumer Focus, said: “MCO’s practices will have caused considerable distress for consumers, so it is good to see this action from the OFT. However the difficulty is that currently the OFT has no power to stop the company trading until the appeals process has finished.” She said she welcomed the Government’s plans announced last month to give the OFT new powers to stop rogue money lenders and debt collectors in their tracks by instantly suspending their licences.

John Lamidey, chief executive of the Consumer Finance Association, which represents payday lenders, also welcomed the OFT’s actions. He said: “We are working closely with the Government to help raise standards in the industry and to prevent cases like this, which can cause significant problems for consumers.” He also said anyone taking out a payday loan should make sure the lender complies with the industry’s recently introduced good practice charter.

CSA Comments on New OFT Power

Monday, July 30th, 2012

The Office of Fair Trading will soon have the power to instantly shut down dodgy financial companies who are ripping off customers.

Dodgy payday lenders and other unscrupulous credit firms could be shut down instantly thanks to new powers the Government is giving the Office of Fair Trading (OFT).

At the moment although the OFT can revoke a Consumer Credit License, the company concerned can appeal the decision. Having the case heard can take up to two years, during which the company can continue trading.

The new power of instant shutdown will be used where there is an urgent need to protect the interest of consumers.

Commenting on the recent Government announcement that the Office of Fair Trading (OFT) will be given new powers to suspend consumer credit licences with immediate effect, CSA President Sara de Tute said:

“We welcome this news and look forward to being involved in the consultation process to ensure robust procedures are in place to make alternative arrangements for the consumer in the event of a company no longer being permitted to trade.”

OFT to Close Rogue Debt Collectors

Friday, July 20th, 2012

The Office of Fair Trading is being given the power to instantly stop rogue money lenders, debt collectors and debt advice firms from operating.

The government has decided to amend the Financial Services Bill, which is currently in the Lords, so that the OFT now has the power to suspend firms’ consumer credit licences with immediate effect.

At the moment appeals can hold up such decisions by up to two years.

Consumers’ association Which? said the move was a “good step forwards”.

Richard Lloyd, executive director of Which? said:

“Our research has found that people taking out payday loans are often caught in a downward spiral of debt.”

“So it is important that the Office of Fair Trading will have the power to instantly suspend the credit licences of unscrupulous lenders caught breaking the existing rules.”

The OFT’s powers will stay in place until the regulation of consumer credit businesses is transferred to the new Financial Conduct Authority in April 2014.

The Consumer Affairs Minister, Norman Lamb, said:

“This will put a stop to those companies who exploit vulnerable consumers whilst dragging matters through a slow legal process.”

“It will also give a boost to legitimate businesses, with the swift suspension of unscrupulous traders.

“The new measure is part of a concerted approach to strengthen protection around consumer credit, including issues such as payday lending and debt management.”

In the past decade there have been numerous attempts by the OFT to regulate the rapidly growing “industries” of short-term money lending, loan-broking, debt collection and debt advice.

But despite clear rules of conduct being in place for a long time, the industries are still plagued by rogues who ignore the rules for as long as possible.

Lee Manning, of the insolvency professionals trade body R3, said the new power for the OFT should be applauded, saying:

“This will hit rogue companies who provide goods or services on credit, lend money, collect debts or help people with debts.”

“This includes payday loan and debt management companies who break the rules – they have arrived in force on the internet and on our High Streets, while regulation has been slow to keep up.”

Sarah Brooks of Consumer Focus said:

“Companies under threat of losing their consumer credit licence have no incentive to improve their behaviour and some use the appeal process to gain more time to cash in at their customers’ expense.”

“It isn’t often that the regulator resorts to taking away licences, but it is a vital tool to have if it feels firms are not playing fair with their customers.”

Source: Debt Collection News

Debt management clean-up ordered

Tuesday, September 28th, 2010

The OFT has told 129 debt management firms that they face losing their consumer credit licences unless immediate action is taken to comply with its Debt Management Guidance.

The firms are required to provide independently audited evidence within three months that action has been taken to address identified concerns. If evidence is not provided, the OFT will instigate licensing action.

The formal warnings follow an OFT review of the debt management sector, published today, which found widespread problems.

Debt management companies, which sit alongside free government-funded and charitable services, are fee-charging firms that provide advice and solutions to consumers with debt problems. The services they offer can include arranging IVAs, setting up debt management plans, and negotiating settlements with creditors.

Consumers contacting debt management companies tend to be over-indebted, vulnerable and desperate for help with managing their financial difficulties.

The key findings to emerge from the review, which included onsite compliance visits by Trading Standards Officers, a website sweep and a mystery shopping exercise, are that:

- misleading advertising is the most significant area of non-compliance, in particular failing to disclose a fee is retained by the business and misrepresenting debt management services as being free when they are not

- frontline advisers working for debt management companies are lacking in competence and are providing poor advice based on inadequate information

- there is low industry awareness of the Financial Ombudsman Service (FOS) rules for resolving consumer complaints.

Today’s OFT report sets out a detailed action plan to improve standards across the industry, focusing on robust enforcement action against licensees that fail, or refuse, to change advertising and/or behaviour.

The OFT also plans to update its Guidance to take explicit account of new and emerging unfair business practices, and will work with the two main trade bodies, the Debt Managers Standards Association (DEMSA) and the Debt Resolution Forum (DRF) to support their initiatives to introduce higher standards into the industry.

Ray Watson, Director of the OFT’s Consumer Credit Group, said:

“People who are heavily indebted, desperate and vulnerable need advice which makes their problem better not worse and should not be exploited. Debt management firms must be clear about their charges and the options available to customers.

“The level of non-compliance we found across the industry is unacceptable. If any of the 129 firms identified do not improve their standards substantially they will be the subject of licensing action by the OFT.

“We are also looking to the two main industry bodies to lead the way in raising standards and to meet their commitments to make the industry more professional and responsible.”

Since April 2008 when the OFT obtained new powers under the Consumer Credit Act, it has taken 37 formal actions to impose requirements or refuse or revoke licences held or applied for by debt management businesses.

Other OFT actions have included shutting down websites, and addressing issues such as companies masquerading as charities, systemic cold-calling and the mis-selling of IVAs. It has also worked with Trading Standards to take injunctive action to stop ‘debt sale’ scams.

Michael Land, chairman of DEMSA said:

“DEMSA and its members fully support the OFT’s drive towards higher standards in the debt management sector.

“DEMSA members have long been committed to raising standards, indeed DEMSA is the only trade body in the sector to have received approval of its Code under the OFT’s Consumer Codes Approval Scheme.

“We will continue to work closely with the OFT to lead the drive towards higher standards and we are encouraged that the OFT has acknowledged the key role for DEMSA in doing so.”

OFT applies “home jurisdiction” rule to debt proceedings

Friday, June 18th, 2010

The Office of Fair Trading (OFT) has warned UK lenders that taking court action against consumers outside their home jurisdictions is unacceptable.

The move follows an OFT investigation into Creation Consumer Finance, which provides point of sale finance to major retailers.

Solicitors acting on behalf of the company had been issuing proceedings against Scottish debtors in English courts, and the OFT found the practice to be unfair stating: “The unfamiliar law and procedure involved in a court claim in a different jurisdiction, and any associated travel costs, may deter consumers from defending such action.”

The requirements imposed on Creation Consumer Finance Ltd mean that the company must:

Ensure that businesses and/or firms acting as its agent or sub-contractor in the course of any consumer credit licensable business comply with the OFT’s Debt Collection Guidance.

Not issue, and ensure that third parties acting on its behalf do not issue, proceedings against a consumer in a jurisdiction other than that in which the consumer is domiciled.

Any consumer credit licence holder taking action or threatening to take action against consumers in a court outside their home jurisdiction is therefore in breach of the OFT’s Debt Collection Guidance.

The watchdog’s director for consumer credit, Ray Watson, sums up: “Issuing proceedings in a different jurisdiction is clearly unacceptable and lenders should take heed that the OFT will act to prevent this practice.”

Debt Management Firms Receive OFT Warning

Monday, July 13th, 2009

The Office of Fair Trading has warned 10 firms to stop making unsolicited and misleading calls to advertise services.

A total of six debt management firms and four “cold-calling” firms were would that action would be taken if the failed to stop. The warning came after the Information Commissioner’s Office (ICO) received a very large amount of complaints about the firms, which cannot be named.

The Office of Fair Trading (OFT) advised it was “completely unacceptable” for these companies to try and take advantage of those people with debt problems, and that it was possible that some of the companies had broken then law by making these calls.

Nigel Cates, Deputy Director of Consumer Credit at OFT said “Taking advantage of people who are suffering distress through debt problems is completely unacceptable and this practice of illegal or misleading cold-calling for debt management services must cease immediately.”

“The current economic climate means that it is vitally important vulnerable consumers are protected. We will not hesitate to take action against any business that uses misleading calls to advertise debt management services.”

Mick Gorrill, assistant information commissioner at the ICO, said: “The ICO has received a large number of complaints about automated marketing calls promoting debt management schemes. We have worked closely with the OFT on this issue and welcome the action taken.”

Partly responsible for making the OFT aware of what was going on, the Citizens Advice Bureau spoke to the BBC about the matter with Teresa Perchard, director of public policy for the service, saying the callers are “not upfront about who they are”.

“It’s very intrusive and disconcerting if someone rings you up and says this is a confirmation call about your debt. People worry a lot about what’s on their credit reference files these days, for example”, she told the BBC.

“But failing to tell people who you are and why you’re ringing is misleading people.”

The firms that could have broken the law had done so by pestering people who had not given their consent to be called or who had registered with the Telephone Preference Service, which allows people to opt out of receiving sales and telemarketing calls.

===================================================

Remember, if you or your company has any debt collection or debt recovery needs then do not hesitate to contact Federal Management on 0800 043 6922

Investors in People logo Office of Fair Trading Website Information Commissioner's Office Website International Accreditation Board Website
Federation of European National Collection Associations Association of Credit and Collection Professionals logo Credit Services Association Website
Federal Management Debt Collection 4.8 based on 112 user reviews.