Blair Oliver and Scott Ltd - OFT complaint

[reallymadwoman]

Acknowledgement received from their local trading standards - they've forwarded our complaint to the OFT!

In a couple of days I should get chance to adapt the letter as promised.

[Having_A_Knightmare]

HI RMW

 

Hope the hols where good.

 

What info do you need to add on.

 

HAK

[reallymadwoman]

A nice break thanks, but now have to clean up after leaving 2 'young adults' home alone for 10 days! I think they lived on take aways judging by the amount of pizza boxes in the recycling!

I'm going to adapt the existing letter for the FSA and anyone else I can think of to send it to, but need to get my brain back in gear first.

[reallymadwoman]

I have received the following 'standard' response (I've seen it on other threads) from the OFT. Has anyone else been contacted?

 

Ref: EPIC/ENQ/E/13978

 

Dear XXXXXXXXX

 

Consumer Credit Act 1974 (‘The Act’)

Complaint Against: Blair Oliver & Scott

Licence No: 322750

 

Thank your for your email of 12 September 2007, regarding the problems you have been experiencing with Blair Oliver & Scott. I apologise for the delay in responding to you.

 

We are always interested to receive complaints such as yours as they are a vital source of information in helping us to investigate the behaviour of traders that hold consumer credit licences. The trader you have complained about does hold a consumer credit licence.

 

If a business wishes to be involved in activities relating to consumer credit or hire, including debt collection, they must have a consumer credit licence. The Office of Fair Trading (OFT) has a duty to monitor the fitness of all traders that hold a consumer credit licence. In considering fitness, we take into account whether a business has engaged in unfair business practices. This includes any evidence that traders have not complied with any guidance issue4s by the OFT. The OFT has, for example, issues guidance to consumer credit licence holders engaged in the debt collection industry. The guidance sets out minimum standards that we expect of debt collection traders, consistent with fitness to hold a consumer credit licence. The guidance is intended to ensure that debt collectors treat debtors fairly. Non-compliance with this guidance will call into question the fitness of licence holders and applicants.

 

We investigate all complaints received about consumer credit licence holders and where we have the necessary evidence, we do take appropriate action. In our initial investigation of all complaints we consider how many complaints we have received overall and how strong the evidence is to support any action. It is unlikely that a licence would be revoked on the strength of one complaint. Where we have strong evidence that unfair business practices have occurred, we may take steps to revoke or refuse the licence of the business in question. However, if we are to do this we need to take account of factors such as the number of complaints received, how recent they are and how well evidenced. In cases where evidence is less strong we may issue a warning letter to the business putting it on notice that its behaviour, if repeated, will call their fitness to hold a licence into question. Any action we do take has to be proportionate. If an approach from the OFT makes a trader change its behaviour and treat consumers fairly in future, this is preferable to putting a trader out of business.

 

If we do take any licensing action against this trader it is likely that we would need to disclose your identity to this trader along with details of your complaint. I should therefore be grateful if you would provide me with written authorisation to disclose these details to the trader. I have enclosed a disclosure consent form for you to sign and return to me in the enclosed freepost envelope.

 

We have noted the details of your complaint, to consider alongside any other complaints we have received with a view to any licensing action we may decide to take. We may therefore contact you again if we require further information. Meanwhile, given that the sanction of licence refusal or revocation is such a significant one, there are constraints built into the process for taking such action. For example, because of restrictions in Part 9 of the Enterprise Act 2002 relating to disclosure of information, we cannot disclose specific details about any action we may take, nor comment on any adverse information we hold on individual licence holders.

 

Unfortunately the OFT has no power to intervene in individual disputes, and therefore we are unable to assist you directly in this matter. However, you will be able to obtain practical advice by contacting Consumer Direct either by telephone (08454 04 05 06) or online at www.consumerdirect.gov.uk .

Consumer Direct is the first point of call for consumers, providing first tier advice on a range of consumer matters, including advice on shopping, information on consumer rights and practical guidance on individual problems and how to gain redress. Where further help is needed, such as specialist advice, face-to-face assistance, or intervention, Consumer Direct refers consumer to another agency, such as the Trading Standards Service, that is best placed to assist.

 

Furthermore, the Financial Ombudsman Service (FOS) can help with most complaints about consumer-credit products and services if the consumer has failed to satisfactorily resolve the matter directly with the financial institution itself. The FOS can be contacted at:

 

The Financial Ombudsman Service

South Quay Plaza

183 Marsh Wall

London

E14 9SR

 

0845 080 1800

www.financial-ombudsman.org.uk

 

 

Thank you again for writing to us and bringing this matter to out attention.

 

Yours sincerely

 

 

Helen Emmett

Enquiries and Preliminary Investigations Centre.

Markets & Projects

 

 

 

If anyone else now wants to add their complaint, I suggest you write/email using the above reference. Feel free to use/adapt the letter earlier in the thread. It does seem that the more complaints they get, the more likely they are to at least give them a slap on the wrist.

 

The response was emailed to me so I didn't get the consent form, but I'm sure I've seen that on another thread to so it should just be a matter of printing it and sending it to them. If I find it, I'll post it on here too.

[davey77]

Hi, oh it seems exactly the same as the OFT response i had. They really don't write individually at all do they!

I have the consent form at the end of my email reply (although i left out the telephone number option) so if you want that it is on my thread or i can email you the original if you like! D

http://www.consumeractiongroup.co.uk/forum/mbna/57846-debt-written-off-due-13.html

Post 245

[reallymadwoman]

That's where I saw it!

Do you mind if I post a suitably amended version on this thread?

[davey77]

Hi, No of course.. thats fine with me! Help yourself!

[tiglet]

I'll be writing my complaint.

[reallymadwoman]

Thanks - consent form below (with correct reference etc) for anyone who needs it.

 

Permission To Disclose Complaint

Consumer Credit Act 1974 ('the Act')

Complaint Against: Blair Oliver and Scott

Licence No: 322750

 

Reference: Epic/Enq/E/13978

 

*Please delete as appropriate

 

I give/do not give* my consent for the Office of Fair Trading (OFT) to disclose details of my complaint concerning the above trader, including my name and address details, in any further action that it may take under the Act or under any other legislation administered by the OFT.

 

I also confirm that I have no objections/object* to the OFT using the information provided by me in the performance of any of its functions and disclosing that information to others where legally permissible. By way of example, the OFT may disclose such information in connection with enforcement or regulatory action under its own powers or may refer the information to another government department or enforcement authority.

 

Signed: ………………………………………………………………… ……………………

 

Print name: ………………………………………………………………… ……………..

 

Address (Please print): ………………………………………………………………… …

………………………………………………………………… ………………….

………………………………………………………………… ………………….

………………………………………………………………… ………………….

………………………………………………………………… ………………….

Date: ………………………………………………………………… ……………..

 

Please note the OFT can only use your details in any action we may take against the above trader if you give your written permission for us to do so.

[citizenB]

I am sorry I missed this, but the following is interesting

 

Unfortunately the OFT has no power to intervene in individual disputes, and therefore we are unable to assist you directly in this matter.

Surely with 12 others included in your email, this was hardly an "individual" dispute ?

 

Was anything further heard regarding this ?