Which body prosecutes CCA 1974 s.50 offences

[Mike_hawk]

Couldn't think where else to pose the question

 

Any suggestions which body within England and Wales prosecutes s.50 offences and does anyone have access to any reported cases?

 

Relevant section at the following link http://www.legislation.gov.uk/ukpga/1974/39/section/50

[obiter dictum]

Educated Guess

 

http://www.legislation.gov.uk/ukpga/2006/35/section/3

[Mike_hawk]

Educated Guess

 

http://www.legislation.gov.uk/ukpga/2006/35/section/3

 

I'm not entirely confident the the Fraud Act aligns with the CCA, it [FA 2006] is self regulated in the financial sector which indicates that if it has any bearing on s.50 it would never be prosecuted.

[obiter dictum]

I understand your frustration as even the the Fraud Act comes under the Theft Act

 

But would it not come under financial crime and the Serious Fraud Office in a minor context??

 

What about pecuniary advantage ?

 

Again just Guessing

[Mike_hawk]

Its certainly an oddity within the act where a single 'regulatory' body has no inclination to investigate. Its a subject that caught my attention by way of a young relative [at school with no income] agreeing terms for a moped insurance policy at the age of 16.

 

I can accept authorities tell us that contracting in necessity can [in limited circumstances] be enforced v a minor but personal experience shows that there is no requirement to finance insurance where the market offers monthly premiums calculated at daily risk rates with no interest applied.

 

The FCA advise they do not investigate s.50 complaints nor has it ever prosecuted a single entity, it further advises there were no prosecutions during the time of the FSA. TS advise it does not investigate, nor has it ever prosecuted a single case, the police.......... typical response 'civil matter'

 

So it leaves me wondering what protections there are for minors [if any] and is the only penalty an unenforcable contract in the event of default?

[Mike_hawk]

For info; FCA response to enquiries below

 

 

Thanks for your patience whilst I sought guidance on your enquiry.

 

 

Does Section 50 of The Consumer Credit Act apply?

 

This is a piece of legislation which defines or covers all Consumer Credit Agreements.

Our rules for Consumer Credit Firms have been derived from this legislation, but the Act itself is an Act of Parliament.

 

You’d need to seek legal advice if you need to know more about the legislation, or the extent of which sections, if not all, are applicable.

 

Where to get advice on this

 

Refer to the Citizens Advice Bureau if you need more guidance on whether your daughter can legally take out a Credit Agreement in the UK, as I’m unable to comment for you.

 

You might want to look at their website under Banking, credit and borrowing money, as it states the following:

 

“If you are under 18, it is a criminal offence for anyone to send you material inviting you to borrow money or obtain goods or services on credit or hire purchase. However, if you are over 14 but under 18, you can enter into a credit or hire purchase agreement if an adult acts as your guarantor.”

 

Our rules on providing Credit Agreements

 

I’ve got this looked into for you against what our rules say, and we don't define the meaning of a minor within our handbook.

 

Our rules focus more on Responsible Lending, which can cover a majority of situations. This may include taking into account a person’s legal status, or ability to repay.

 

You can complain

 

If you’ve got a complaint against a firm we authorise, you can complain to them about what’s happened.

 

We’ve outlined a formal complaints process with our rules that consumers can follow if they have a complaint against an authorised firm.

 

This gives you access to the Financial Ombudsman Service, who can say what needs to happen for you to get a fair outcome.

 

Thanks again for your patience whilst I got this looked into for you. I hope this information helps you.

 

How was your experience?

To help us improve our service, I’m interested in finding out about your experience with the Contact Centre today. I’ll send you a link to a survey and I’d appreciate it if you could take a few moments to share your feedback.

[Mike_hawk]

...... and its response to number of prosecutions:

 

Dear xxxxxxxxxxx,

 

I'm writing again after I last informed you I was pursuing your request with our Freedom of Information Act Team.

 

After reviewing this internally and consulting with Enforcement, I can confirm that there have been no such circumstances to date where we have prosecuted for offences under Section 50 of the Consumer Credit Act. Further; there exist no records of the FSA having prosecuted offences under Section 50 of the Consumer Credit Act

 

I appreciate your patience and hope this information is helpful for you.

 

Yours sincerely,

 

 

 

xxxxxxxxxxxxxx

 

Associate | Customer Contact Centre

 

Financial Conduct Authority | http://www.fca.org.uk

 

Consumer Helpline: 0800 111 6768

[DeltaXRay]

An aggreived party might consider bringing a private prosecution for the Offence under the CCA, at their own expense, as expressely permitted under S.6 of the 1985 Prosecution of Offences Act . The procedures to be followed are essentially those followed by any public prosecutor as laid out in the Criminal Procedure Rules (CPR).

[Guest]

para 48 here re fca duty re s161 enforcement of cc act

http://www.legislation.gov.uk/uksi/2013/1881/article/20/made#article-20-48-b

[Mike_hawk]

Hi Ford

 

Yep, I did question this with the FCA and whilst it agreed it had the authority to enforce the provision it does not seem to have the will to do so.

 

Dear xxxxxxxxxxxxx

Section 50 CCA makes it an offence to send a circular (with a view to gain) to a minor inviting the minor to borrow money (among other credit related issues).

We have had the power to impose FSMA enforcement powers for breaches of the CCA since 1 April 2014.

The other relevant point is that the Illegal Money Lending Team also undertake prosecutions in relation to the CCA.

Yours sincerely,

xxxxxxxxxxxxxx

Associate | Customer Contact Centre

Financial Conduct Authority | www.fca.org.uk

Consumer Helpline: 0800 111 6768

[Guest]

hi

not sure who else would or could, given s161 con credit act. ss(1) they 'have a duty..' . then as per that para 48 inserted ie ss(1)(a)

unless any other legislation has been offended?

has a formal complaint been made. maybe the fos cld do something?