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Freedom of Information Act 2000: (FoIA)
Credit Card Default Charges
Thank you for your email dated 2 January 2010 requesting information under the FoIA.
You have requested the following information in relation to the OFT’s study into credit card default charges that was completed in 2006:
I should like copies of information and communications shared between the OFT and the FSA with regards Credit Card Default Charges following the April 2006 Calculating Fair Default Charges in Credit Card Contracts report particularly relating to any further action and ongoing monitoring of compliance.
As you will be aware, the FoIA, provides a general right of access to information held by public authorities (section1). Basically, subject to exemptions etc, any person making a request is entitled to be told whether the specified information is held and if so, again subject to exemptions, the authority is required to supply it. The underlying presumption clearly is to disclose and we in OFT keep that at the forefront of our minds when considering requests.
We have carefully considered your request for information in accordance with the provisions of the FoIA and our response is set out below.
Confirmation that the OFT does/ does not hold the information requested.
The OFT does not hold information of the description you have specified in your request.
To explain further, we have identified and looked at the investigation files for the information you have requested. As you may be aware the investigation was drawing to a close after this date. Please see press releases issued in May and September 06.
Any communication and information shared between the OFT and FSA after April 2006, if not recorded on the case files, is likely to have been between the FSA and the OFT’s Enquiries Unit. The OFT has received over 148 referrals of issues direct from the FSA since 2004. Each of these records was reviewed manually but none related to credit card default charges after April 2006.
As well as direct referrals the FSA also refers to the OFT consumer complaints and enquiries that it considers more suitable for OFT to deal with. These complaints are recorded under the consumer’s details and not as referrals from the FSA. Though we use information derived from consumer complaints to monitor compliance and/or suspected breaches of the law we consider that on this occasion this information is out of scope of your request as currently phrased and reproduced above.
This is because these complaints would have come to us either directly or been referred to us simply as the body best placed to deal with the complaint and not part of any “further action or ongoing monitoring of compliance” between the OFT and FSA following the Calculating Fair Default Charges in Credit Card Contracts report. In any event, such information is likely to be exempt from disclosure under FoIA.
Accordingly, we regret we are unable to meet your request on this occasion.
Duty to provide advice and assistance:
We are mindful of the duty under section 16 of the FoIA to provide advice and assistance as far as reasonable to requesters and with that in mind, enclosed is a copy of the OFT’s Memorandum of Understanding with the FSA. This sets out areas under which each body will take the enforcement lead and how the OFT and FSA will work together. The OFT also has a concordat with the FSA specifically concerning who will do what in relation to the UTCCRs. In the case of credit card default charges investigation the OFT was the lead organisation.
We should say that we note that your request is quite widely drawn so as to make it difficult to consider what information might be of further assistance to you. However, if you wish to contact me on the number provided above to discuss a refined request more likely to result in our providing information to you (subject to any applicable exemptions), you are welcome to do so. We will consider any further requests in line with our obligations under FoIA.
Appeals Procedure
If you wish to complain about the way in which your request for information has been handled, you may seek an internal review by writing to:
The Internal Review Co-ordinator
Room GS/3
Office of Fair Trading
Fleetbank House
2-6 Salisbury Square
London
EC4Y 8JX
You may alternatively send an e-mail to internalreview@oft.gsi.gov.uk
We will deal with your complaint within 20 working days of receipt or, if this is not possible, advise you of a date by which we expect to have completed a review of your complaint.
If you remain dissatisfied with the OFT’s response you have the right to complain to the Information Commissioner at FOI/EIR Complaints Resolution, Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SX9 5AF. Their website is Information Commissioner's Office - ICO.
Yours sincerely
Credit Card Default Charges
Thank you for your email dated 2 January 2010 requesting information under the FoIA.
You have requested the following information in relation to the OFT’s study into credit card default charges that was completed in 2006:
I should like copies of information and communications shared between the OFT and the FSA with regards Credit Card Default Charges following the April 2006 Calculating Fair Default Charges in Credit Card Contracts report particularly relating to any further action and ongoing monitoring of compliance.
As you will be aware, the FoIA, provides a general right of access to information held by public authorities (section1). Basically, subject to exemptions etc, any person making a request is entitled to be told whether the specified information is held and if so, again subject to exemptions, the authority is required to supply it. The underlying presumption clearly is to disclose and we in OFT keep that at the forefront of our minds when considering requests.
We have carefully considered your request for information in accordance with the provisions of the FoIA and our response is set out below.
Confirmation that the OFT does/ does not hold the information requested.
The OFT does not hold information of the description you have specified in your request.
To explain further, we have identified and looked at the investigation files for the information you have requested. As you may be aware the investigation was drawing to a close after this date. Please see press releases issued in May and September 06.
Any communication and information shared between the OFT and FSA after April 2006, if not recorded on the case files, is likely to have been between the FSA and the OFT’s Enquiries Unit. The OFT has received over 148 referrals of issues direct from the FSA since 2004. Each of these records was reviewed manually but none related to credit card default charges after April 2006.
As well as direct referrals the FSA also refers to the OFT consumer complaints and enquiries that it considers more suitable for OFT to deal with. These complaints are recorded under the consumer’s details and not as referrals from the FSA. Though we use information derived from consumer complaints to monitor compliance and/or suspected breaches of the law we consider that on this occasion this information is out of scope of your request as currently phrased and reproduced above.
This is because these complaints would have come to us either directly or been referred to us simply as the body best placed to deal with the complaint and not part of any “further action or ongoing monitoring of compliance” between the OFT and FSA following the Calculating Fair Default Charges in Credit Card Contracts report. In any event, such information is likely to be exempt from disclosure under FoIA.
Accordingly, we regret we are unable to meet your request on this occasion.
Duty to provide advice and assistance:
We are mindful of the duty under section 16 of the FoIA to provide advice and assistance as far as reasonable to requesters and with that in mind, enclosed is a copy of the OFT’s Memorandum of Understanding with the FSA. This sets out areas under which each body will take the enforcement lead and how the OFT and FSA will work together. The OFT also has a concordat with the FSA specifically concerning who will do what in relation to the UTCCRs. In the case of credit card default charges investigation the OFT was the lead organisation.
We should say that we note that your request is quite widely drawn so as to make it difficult to consider what information might be of further assistance to you. However, if you wish to contact me on the number provided above to discuss a refined request more likely to result in our providing information to you (subject to any applicable exemptions), you are welcome to do so. We will consider any further requests in line with our obligations under FoIA.
Appeals Procedure
If you wish to complain about the way in which your request for information has been handled, you may seek an internal review by writing to:
The Internal Review Co-ordinator
Room GS/3
Office of Fair Trading
Fleetbank House
2-6 Salisbury Square
London
EC4Y 8JX
You may alternatively send an e-mail to internalreview@oft.gsi.gov.uk
We will deal with your complaint within 20 working days of receipt or, if this is not possible, advise you of a date by which we expect to have completed a review of your complaint.
If you remain dissatisfied with the OFT’s response you have the right to complain to the Information Commissioner at FOI/EIR Complaints Resolution, Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SX9 5AF. Their website is Information Commissioner's Office - ICO.
Yours sincerely
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