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FOI release: OFT’s work during the administration of PowerPlan Company Ltd and the mi

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  • FOI release: OFT’s work during the administration of PowerPlan Company Ltd and the mi

    Response to a request for information about the OFT's work during the administration of PCL and the mis-selling of cashback warranties. Background - http://www.legalbeagles.info/forums/...rplan+cashback
    http://www.scotsman.com/business/man...back-1-3444407

    More...

    Q1, 2, 5 & 7: The OFT acted, and the CMA, acts within the authority given by law. In 2003/04 the OFT assessed the terms and conditions of the PowerPlan cashback scheme for unfairness under the provisions of the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs). The assessment related to the fairness of the terms prescribing the process by which a consumer would make a claim under the scheme. The UTCCRs do not give a power to investigate the integrity or administration of a scheme behind consumer contract terms. We advised the MacDonald Partnership in November 2003 that we had no legal remit to investigate administration of the PowerPlan cashback scheme. Therefore, in answer to your questions 1, 2, 5 & 7, there is no information to be made available or reports to disclose.

    Q3: In relation to the OFT investigation in to unfair contract terms, the OFT took evidence from Trading Standards services of the Royal Borough of Kingston, Midlothian, Norfolk, Cheshire and Derbyshire.
    Q4: In relation to its investigation in to unfair contract terms, the OFT principally corresponded with PowerPlan Company Ltd. In response to the OFT’s enquiries, representations regarding the fairness of terms were made by PowerPlan Company Limited. We have no information of representations being made by Scottish Power or Power House.

    Q6: In relation to its investigation into unfair contract terms the OFT tasked its own officers and reported their findings internally and to the Trading Standards service of the Royal Borough of Kensington and Chelsea.

    Q8: The OFT was aware of about 30 complaints from consumers regarding the PowerPlan cashback scheme. The records do not detail whether these were received directly or notified via external agencies. The records do not detail the value of the claims. The CMA has had correspondence from one consumer regarding the PowerPlan cashback scheme.

    Q9, 10, 11, 12, 13, 14 and 15: The CMA does not hold any relevant information, has not met with or had representations from the individuals or bodies you identify in your questions.

    Q16: The CMA does not hold any information regarding representations from the MacDonald Partnership and/or KSA regarding the PowerPlan cashback scheme
    Attached Files
    Last edited by Amethyst; 12th April 2015, 13:37:PM.
    Tags: None

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