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To ask the Secretary of State for Business, Innovation and Skills what assessment he has made of the effectiveness of the Office of Fair Trading in regulating businesses providing debt management plans.
To ask the Secretary of State for Business, Innovation and Skills what assessment he has made of the effectiveness of the Office of Fair Trading in regulating businesses providing debt management plans.
Asked by
Baroness Burt of Solihull
(Liberal Democrat)
Answered by
Ed Davey
(Liberal Democrat)
Answering body
Department for Business, Innovation and Skills
Type
Written questions
Status
Answered
Tabled on
27 January 2011
For answer on
31 January 2011
Answered on
2 February 2011
Since being given new powers in 2008, The Office of Fair Trading (OFT) has focused attention on the debt management industry. It has set up a dedicated team to investigate the debt management market, carried out a comprehensive review of compliance in the industry and taken significant enforcement actions targeting the worst companies and behaviours.The key findings to emerge from the debt management compliance review, which included onsite compliance visits by Trading Standards Officers, a website sweep and a mystery shopping exercise, were 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."The OFT's compliance report set 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 published its compliance report in September 2010 and at the same time announced that it had warned 129 firms that they needed to submit evidence demonstrating compliance or face licensing action. As a follow up to this announcement, on 28 January 2011 the OFT confirmed that 35 debt firms had surrendered their licences, eight faced action to revoke their licences, seven were under further investigation and 79 had submitted evidence, which is now being reviewed.If action is taken against the additional seven companies and/or some of the 79 firms who submitted evidence are found to be non-compliant, the OFT will publicise the details of this enforcement action at the appropriate time.As well as taking action as a result of the compliance review, the OFT has also taken a number of other licensing actions in the debt management sector and has cracked down on look-a-like debt management websites posing as charity or official sites, misleading trading names, inappropriate cold calling (working with the Information Commissioners Office) and has refused to licence companies that cannot demonstrate sufficient competence or experience. Since April 2008, the OFT has taken 37 licensing actions, issued notices to 69 companies/ traders, sent 185 warning letters and 951 advisory letters.The OFT is also in the process of updating its Debt Management 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 in the industry.
Subjects
Debts; Advisory services; Office of Fair Trading
Date
2 February 2011
Reference
37548; 522 c829-30W
House
House of Commons
Deposited by
Office of Fair Trading; Treasury
Type
Deposited papers
Author
Office of Fair Trading; Treasury
Committed on
10 March 2009
Originated on
1 March 2009
Received on
10 March 2009
Subjects
Banks; Competition; Financial services; Government assistance; Office of Fair Trading; Nationalisation; Northern Rock
Date
10 March 2009
Reference
DEP2009-0710
House
House of Lords; House of Commons
Deposited by
Office of Fair Trading; Treasury
Type
Deposited papers
Author
Office of Fair Trading; Treasury
Committed on
22 October 2008
Originated on
22 October 2008
Received on
22 October 2008
Subjects
Housing; Publicity; Sales; Regulation; Housing market; Government responses; Equity release
Date
22 October 2008
Reference
DEP2008-2436
House
House of Lords; House of Commons
Deposited by
Department for Transport; Office of Fair Trading
Type
Consultation papers;
Deposited papers
Author
Department for Transport; Office of Fair Trading
Committed on
23 July 2008
Received on
23 July 2008
Legislation
Local Transport Bill (HL) 2007-08
Subjects
Contracts; Codes of practice; Community development; Bus services; Competition; Competition law; Local government; Public transport; Passengers; Partnerships
Date
23 July 2008
Reference
DEP2008-2057
House
House of Lords; House of Commons
Deposited by
Department of Trade and Industry; Office of Fair Trading; Scottish Consumer Council
Type
Deposited papers
Author
Department of Trade and Industry; Office of Fair Trading; Scottish Consumer Council
Committed on
10 September 2007
Originated on
31 July 2007
Received on
13 September 2007
Subjects
Complaints; Accountancy; Legal profession; Law Society; Professional organisations; Scotland; Surveying; Institute of Legal Executives; Institute of Chartered Accountants in England and Wales; General Council of the Bar; Royal Institution of Chartered Surveyors
Lords Library location
HINF 2007/1735
Date
10 September 2007
Reference
HINF 2007/1735
House
House of Commons
Deposited by
Department of Trade and Industry; Office of Fair Trading
Type
Deposited papers
Author
Department of Trade and Industry; Office of Fair Trading
Committed on
4 June 2007
Originated on
3 September 2007
Received on
20 September 2007
Subjects
Complaints; Law Society; Professional organisations; Institute of Legal Executives; Institute of Chartered Accountants in England and Wales; General Council of the Bar; Royal Institution of Chartered Surveyors
Commons Library location
MGP 07/2836
Date
4 June 2007
Reference
DEP 07/2038
House
House of Commons
Deposited by
Department of Trade and Industry; Office of Fair Trading
Type
Consultation papers;
Deposited papers
Author
Department of Trade and Industry; Office of Fair Trading
Committed on
26 April 2007
Originated on
1 April 2007
Received on
26 April 2007
Subjects
Competition; Airports; Civil Aviation Authority; Competition Commission; Unfair practices; BAA
Commons Library location
Research BT 387.736,P (item I) and TP:Aviation:Airports:general (item II)
Lords Library location
HINF 2007/861
Date
26 April 2007
Reference
DEP 07/996
House
House of Lords; House of Commons
Deposited by
Department of Trade and Industry; Office of Fair Trading
Type
Deposited papers
Author
Department of Trade and Industry; Office of Fair Trading
Committed on
13 September 2006
Originated on
1 September 2006
Received on
13 September 2006
Subjects
Competition; Licensing; Drugs; Imports; Production; Opium; Macfarlan Smith; Morphine; Codeine
Lords Library location
HINF 2006/1645
Date
13 September 2006
Reference
DEP 06/1665
House
House of Commons
Deposited by
Office of Fair Trading
Type
Consultation papers;
Deposited papers
Author
Office of Fair Trading
Committed on
5 June 2006
Originated on
8 May 2006
Received on
5 June 2006
Legislation
Competition Act 1998; Competition Act 1998 (Public Transport Ticketing Schemes Block Exemption) (Amendment) Order 2005; Competition Act 1998 (Public Transport Ticketing Schemes Block Exemption) Order 2001
Subjects
Companies; Cooperation; Competition; Fares; Exemptions; Public transport; Passengers; Tickets; Travel cards
Lords Library location
HINF 2006/1051
Date
5 June 2006
Reference
HINF 2006/1051
Deposited by
Department of Trade and Industry; Office of Fair Trading
Type
Consultation papers; Impact assessments;
Deposited papers
Author
Department of Trade and Industry; Office of Fair Trading
Committed on
5 July 2005
Originated on
5 July 2005
Received on
6 July 2005
Subjects
Consumers; Crime prevention; Administration; Competition; Department of Trade and Industry; Protection; Mergers; Standards; Regulation; Trading standards; Trading Standards Institute; Consumer and Trading Standards Agency
Commons Library location
Research HA 381.34, P (Jul 05) (CA: general)
Lords Library location
HINF 2005/1259
Date
5 July 2005
Reference
DEP 05/980
House
House of Commons
Deposited by
Office of Fair Trading
Type
Deposited papers
Author
Office of Fair Trading
Committed on
10 May 2005
Originated on
1 February 2005
Received on
10 May 2005
Subjects
Codes of practice; Audit; Competition; Competition law; Farmers; Supermarkets; Trade competitiveness
Lords Library location
HINF 2005/932
Date
10 May 2005
Reference
HINF 2005/932
Deposited by
Office of Fair Trading
Type
Consultation papers;
Deposited papers
Author
Office of Fair Trading
Committed on
10 December 2004
Originated on
1 December 2004
Received on
10 December 2004
Subjects
Consumers; Advertising; Costs; Executive agencies; Competition; Credit; Enforcement; Protection; Marketing; Standards; Regulation; Trading standards
Lords Library location
HINF 2004/2850
Date
10 December 2004
Reference
HINF 2004/2850
Deposited by
Office of Fair Trading
Type
Consultation papers;
Deposited papers
Author
Office of Fair Trading
Committed on
8 November 2004
Originated on
1 October 2004
Received on
8 November 2004
Subjects
Contracts; Codes of practice; Consumers; Caravans; Caravan sites; Licensing; Holidays; Park homes; Sales; Unfair practices
Lords Library location
HINF 2004/2618
Date
8 November 2004
Reference
HINF 2004/2618
Deposited by
Office of Fair Trading
Type
Consultation papers;
Deposited papers
Author
Office of Fair Trading
Committed on
9 February 2004
Originated on
1 February 2004
Received on
9 February 2004
Subjects
Codes of practice; Consumers; Cars; Motor vehicles; Protection; Sales; Sales methods
Commons Library location
Dep 04/488
Lords Library location
HINF 2004/576
Date
9 February 2004
Reference
Dep 04/488
House
House of Commons
Deposited by
Office of Fair Trading
Type
Consultation papers;
Deposited papers
Author
Office of Fair Trading
Committed on
16 December 2003
Originated on
1 December 2003
Received on
16 December 2003
Legislation
Enterprise Act 2002
Subjects
Company law; Bankruptcy; Insolvency
Commons Library location
Research BT 338.82,P
Lords Library location
HINF 2004/329
Date
16 December 2003
Reference
HINF 2004/329
Deposited by
Office of Fair Trading
Type
Consultation papers;
Deposited papers
Author
Office of Fair Trading
Committed on
25 November 2003
Originated on
1 October 2003
Received on
25 November 2003
Subjects
Contracts; Consumers; ICT; Unfair practices
Lords Library location
HINF 2003/2247
Date
25 November 2003
Reference
HINF 2003/2247
Deposited by
Office of Fair Trading
Type
Consultation papers;
Deposited papers
Author
Office of Fair Trading
Committed on
6 August 2003
Originated on
1 July 2003
Received on
6 August 2003
Subjects
Consumers; Debts; Business; Credit; Licensing; Money lenders
Commons Library location
Research HA 332.743,P (Jul 03)
Lords Library location
HINF 2003/1729
Date
6 August 2003
Reference
HINF 2003/1729
Deposited by
Department of Trade and Industry; Office of Fair Trading
Type
Deposited papers
Author
Department of Trade and Industry; Office of Fair Trading
Committed on
21 July 2003
Originated on
10 July 2003
Received on
21 July 2003
Subjects
Estate agents; Regulation
Commons Library location
DEP 03/1744
Lords Library location
HINF 2003/1630
Date
21 July 2003
Reference
DEP 03/1744
House
House of Commons
Deposited by
Office of Fair Trading
Type
Consultation papers;
Deposited papers
Author
Office of Fair Trading
Committed on
8 January 2003
Originated on
28 November 2002
Received on
8 January 2003
Subjects
Consumers; Debts; Business; Credit; Licensing; Money lenders
Commons Library location
Research HA file Consumer affairs: Credit
Lords Library location
HINF 2003/059
Date
8 January 2003
Reference
HINF 2003/059
Deposited by
Office of Fair Trading
Type
Consultation papers;
Deposited papers
Author
Office of Fair Trading
Committed on
23 October 2002
Originated on
8 August 2002
Received on
23 October 2002
Legislation
Fair Trading Act 1973; Enterprise Bill 2001/02
Subjects
Complaints; Consumers; Enforcement; Protection
Commons Library location
Dep 02/1959
Lords Library location
HINF 2002/1947
Date
23 October 2002
Reference
Dep 02/1959
House
House of Commons