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Yes Loans - OFT imposes requirements on Yes Loans over credit brokerage services
http://www.oft.gov.uk/news/press/2009/85-09
OFT imposes requirements on Yes Loans over credit brokerage services
The OFT has imposed requirements on the consumer credit licence of Yes Loans Limited.
Download Yes Loans Limited requirements (pdf 981kb).
As a result of an OFT investigation into the business practices of Yes Loans, the company will amend its terms and conditions, and ensure that customers receive a statutory refund of brokerage fees within 30 days of cancelling. In addition, Yes Loans is required to stipulate clearly on its website and all future literature that it offers 'credit brokerage' services. As a result of these changes, the licence renewal application submitted by Yes Loans has been granted.
A breach of a requirement can lead to a fine of up to £50,000.
Ray Watson, OFT Director of Credit, said:
'These requirements have been imposed to address the concerns raised by an OFT investigation into the business practices of Yes Loans. Yes Loans has co-operated with the OFT, and we shall continue to monitor the situation and take further action if necessary.
'Many businesses charge an up-front fee for brokering loans for consumers, and customers should be aware that if they use a broker but do not accept the credit offered, no matter what the reason, they are entitled to a refund less £5. The OFT will continue to take action against companies who fail to do so.'
NOTES
1. The OFT has a statutory duty under the Consumer Credit Act to administer the consumer credit licensing regime, and must be satisfied that a licensee is fit to hold a consumer credit licence.
2. The Consumer Credit Act 1974, as amended, provides a wide range of protection for consumers accessing credit. All traders engaging in credit activities such as lending or brokering of loans must be licensed under the Act. All consumer credit licence holders must satisfy the OFT that they are fit to engage in those activities for which a licence is required and are subject to ongoing monitoring during the lifetime of the licence.
3. Where the OFT has evidence of any practices which appear to be unfair, misleading, oppressive, or improper, whether lawful or not, it has a range of enforcement powers including taking steps to refuse, revoke or suspend a licence; to impose requirements for a business to change its behaviour; or seeking undertakings or an Enforcement Order under the Enterprise Act 2002.
4. Following implementation of the OFT's new powers under the Consumer Credit Act 2006 on 6 April 2008, where the OFT is dissatisfied with any matter in connection with a business, a proposal to carry on a business or any other conduct by a licensee, associate or former associate, the OFT may impose 'requirements' on the licensed business. Requirements may require a business to do or not to do (or to cease doing) anything specified for the purposes connected with addressing the OFT's dissatisfaction, or securing that matters of the same or a similar kind do not arise.
5. A breach of a requirement can lead to a fine of up to £50,000 and/or be grounds for revocation of a consumer credit licence.
6. Under section 155 of the Consumer Credit Act 1974, a consumer is entitled to a refund (less £5) of the fee paid to a credit broker if for any reason the consumer does not enter into a relevant agreement within six months of an introduction to a source of credit or hire.
7. Under the Financial Services (Distance Marketing) Regulations 2004, a consumer has the right to cancel their contract within 14 days and receive a refund of fees paid. For more information about these regulations go to the Consumer Direct website.
Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
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The requirements.........
Download Yes Loans Limited requirements (pdf 981kb).REQUIREMENTS IMPOSED BY THE OFFICE OF FAIR TRADING ('OFT')
PURSUANT TO SECTION 33A AND 33D(4) OF THE CONSUMER CREDIT ACT
1974 ('the Act')
REQUIREMENTS RELATING TO:
Yes Loans Ltd (Consumer Credit Licence. Number 530037)' registered office address:
Cradoc House, Heol-Y-Llyfrau, Aberkenfig, Mid Glamorgan, CF32 9PL
THE OFT REQUIRES AS FOLLOWS:
That Yes Loans Ltd must comply with the requirements listed at 1-14 within 1 month of
the requirements being imposed and the requirement listed at 1'5 from 1 October 2009.
Yes Loans Ltd will:
1) maintain its telephone script, so that the script when recited by Yes Loans' staff
informs all telephone customers of their right to cancel their contract for Yes Loans'
services within a 14 day period and to receive a refund of fees. The following
statement will be recited: "You have a right to cancel within 74 days and receive a
refund. Any refund request must be in writing. Details can be found in our Terms
and Conditions."
2) maintain Yes Loans' staff policy that use of the approved telephone script described
in 1) above is mandatory for telephone staff and no deviation from the approved
script is permitted;
3) maintain Yes Loans' systems to detect deviation from use of the approved
telephone scripting (via use of Yes Loans' Quality Team, Complaints Team and Floor
Management Team) and to maintain effective disciplinary procedures for staff who
deviate from the approved telephone script when speaking to Yes Loans' telephone customers;
4) maintain Yes Loans' policy that written requests for refunds due to customers who
have cancelled their agreement are effected by Yes Loans within 30 days of the
date of receipt by Yes Loans of the relevant written request;
5) maintain Yes Loans' terms and conditions (the terms and conditions in force at the
date of these Requirements are attached at Appendix One) and proced&es so that
they are compliant at all times with regulations 7, 8, 9, 10 and 13 of the Financial
Services (Distance Marketing) Regulations 2004, (the "DSRs") as such DSRs may
be amended from time to time;
6) maintain Yes Loans' terms and conditions so that they are compliant at all times
with s.155 of the Consumer Credit Act 1974 (as amended -'the Act') , as the Act
may be amended from time to time;
7) maintain Yes Loans' terms and conditions so that they are compliant with the Unfair
Terms in Consumer Contracts Regulations 1999; (the "UTCCRs");
8) maintain Yes Loans' terms and conditions so that at no time will Yes Loans
incorporate, recommend, rely on, or enforce, or otherwise attempt to incorporate,
recommend, rely on, or enforce any term or condition which is the same as, or of
similar effect to, terms 4 and 11 of Yes Loans' terms and conditions (see Appendix
Two for previous terms and Appendix One for current terms which are compliant);
9) maintain Yes Loans' website pages at www.yesloansuk.com (the "website") so that
they comply at all times with the Consumer Credit (Advertisements) Regulations
2004, (the "CCARs") as such CCARs may be amended from time to time;
10) maintain in particular, compliance with the provisions of the CCARs relating to
display of the typical APR on the website;
11) display of the typical APR on the website so that it is prominent and visible on the
home page of the website and on each subsequent page where the typical APR is
displayed, in each case without requiring the customer to scroll down the page or
click through to a different page in order to view the typical APR;
12) in relation to the website, at all times to continue to state clearly that Yes Loans is a
L credit broker and to describe Yes Loans' activities in terms which refer to "credit
brokerage" and "brokering" loans;
13) maintain a direct link to Yes Loans' terms of business at the foot of every page on the website;
14) ensure that no link to www.paydayatyes.co.uk appears on the website; and
15) with effect on and from 1 October 2009 use and maintain Yes Loans' letterhead on
which the phrase "Licensed by the Office of Fair Trading" has been replaced with:
"Licensed, under the Consumer Credit Act 7974, (as amended)''.
ANY FAILURE TO COMPLY WITH ANY OF THE ABOVE REQUIREMENTS WILL RENDER
YES LOANS LTD LIABLE TO FURTHER FORMAL ACTION BY THE OFT. THIS COULD
INCLUDE THE IMPOSITION OF FINANCIAL PENALTIES PURSUANT TO SECTION 39A OF
THE ACT AND/OR THE REVOCATION OF YES LOANS LTD'S CONSUMER CREDIT
LICENCE PURSUANT TO SECTION 32 OF THE ACT.
Signed:
Ray Watson, Director, Consumer Credit Group
Authorised signatory on behalf of OFTFree/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
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