OFT FoIA request disclosure of Firstplus reprimand information.

[Fred]

The above mentioned high street bank was reprimanded some years ago by the OFT..............................interest rate variations ?

Has anybody, does anybody know of any similar request for the relevant information being subject to FoIA ?

aw:

[Halifax71]

Re: OFT FoIA request disclosure of Firstplus reprimand information.

After the OFT refused to tell me why they reprimanded Firstplus, even under s241a EA, the PHSO tried to force me down the FoIA route. The ICO's final response - from quite a senior bod was as follows:

As you are aware, I have now received the OFT’s response to my query as to whether all of the information you requested is covered by section 238 of the Enterprise Act 2002 or whether some of the information is covered solely by section 31 of the Freedom of Information Act 2000.




That response, which is from the OFT’s General Counsel, clarifies the point by informing me that some of the withheld information consists entirely of “specified information” and the remainder, while covered by section 31 of FOIA, also contains, discusses and refers to “specified information”. Therefore, the information covered by sections 31 and 44 of FOIA is very closely interwoven.




As you will be aware, specified information is defined in section 238(1) of the Enterprise Act 2002 as information which comes to a public authority in connection with its exercise of certain functions. The OFT has stated, in earlier correspondence, that the withheld information came to it in connection with its functions under the Consumer Credit Act.




Section 44(1) of FOIA provides a statutory bar against the release of information if such release is prohibited by or under any enactment. In this case, that enactment is section 237 of the Enterprise Act 2002, which prohibits the disclosure of specified information other than in certain circumstances. The exemption under section 44(1) of FOIA is absolute.




Given that all of the withheld information either consists entirely of, or contains, specified information, the Commissioner would consider that it is completely covered by section 44(1) of the FOIA. As this is an absolute statutory bar, unfortunately the Commissioner cannot assist you further in obtaining the withheld information. He has no jurisdiction to assess the merits of a public authority’s application and interpretation of any legislation other than that which he regulates.




As you have previously referred this complaint to the PHSO, who had directed you to our office, may I suggest that you refer to them again as they would appear to be a more appropriate body to assess the OFT’s application of the provisions of the Enterprise Act 2002.




I am sorry that I could not have been of more help to you. I intend writing to the OFT to let them know that I cannot proceed any further with your complaint. I would be happy to write to the PHSO also, should you wish, to let them know that you referred the complaint to our office as they directed, however we consider that it would be more appropriate for them to deal with. Please let me know if you wish me to do this.

[Fred]

Re: OFT FoIA request disclosure of Firstplus reprimand information.

After the OFT refused to tell me why they reprimanded Firstplus, even under s241a EA, the PHSO tried to force me down the FoIA route. The ICO's final response - from quite a senior bod was as follows:

As you are aware, I have now received the OFT’s response to my query as to whether all of the information you requested is covered by section 238 of the Enterprise Act 2002 or whether some of the information is covered solely by section 31 of the Freedom of Information Act 2000.




That response, which is from the OFT’s General Counsel, clarifies the point by informing me that some of the withheld information consists entirely of “specified information” and the remainder, while covered by section 31 of FOIA, also contains, discusses and refers to “specified information”. Therefore, the information covered by sections 31 and 44 of FOIA is very closely interwoven.




As you will be aware, specified information is defined in section 238(1) of the Enterprise Act 2002 as information which comes to a public authority in connection with its exercise of certain functions. The OFT has stated, in earlier correspondence, that the withheld information came to it in connection with its functions under the Consumer Credit Act.




Section 44(1) of FOIA provides a statutory bar against the release of information if such release is prohibited by or under any enactment. In this case, that enactment is section 237 of the Enterprise Act 2002, which prohibits the disclosure of specified information other than in certain circumstances. The exemption under section 44(1) of FOIA is absolute.




Given that all of the withheld information either consists entirely of, or contains, specified information, the Commissioner would consider that it is completely covered by section 44(1) of the FOIA. As this is an absolute statutory bar, unfortunately the Commissioner cannot assist you further in obtaining the withheld information. He has no jurisdiction to assess the merits of a public authority’s application and interpretation of any legislation other than that which he regulates.




As you have previously referred this complaint to the PHSO, who had directed you to our office, may I suggest that you refer to them again as they would appear to be a more appropriate body to assess the OFT’s application of the provisions of the Enterprise Act 2002.




I am sorry that I could not have been of more help to you. I intend writing to the OFT to let them know that I cannot proceed any further with your complaint. I would be happy to write to the PHSO also, should you wish, to let them know that you referred the complaint to our office as they directed, however we consider that it would be more appropriate for them to deal with. Please let me know if you wish me to do this.

I would know that reply anywhere ! top stuff............yours Simm

[Fred]

Re: OFT FoIA request disclosure of Firstplus reprimand information.

I have a "First Tier Tribunal" (provisional) date of hearing now for this..............as usual the ICO legals are dismissing my arguments with their exclusion clauses....lets see :tinysmile_twink_t2:

[EXC]

Re: OFT FoIA request disclosure of Firstplus reprimand information.

I've sent loads of FoIA requests to OFT over the years and getting company specific information is virtually impossible. It's not what Act was designed for.

[Fred]

Re: OFT FoIA request disclosure of Firstplus reprimand information.

I've sent loads of FoIA requests to OFT over the years and getting company specific information is virtually impossible. It's not what Act was designed for.

Thank goodness I am not relying on this...........its a much safer bet I have with the PHSO which is due a major step forwards this month the above is in case its only for my use, which as you suggest is probably doomed to failure.

[Fred]

Re: OFT FoIA request disclosure of Firstplus reprimand information.

3rd July by the way............am going & will put across as best one can rest is:

http://www.legalbeagles.info/forums/...665#post432665

[Fred]

Re: OFT FoIA request disclosure of Firstplus reprimand information.

The CMA have stuck their bit in now & want to join process, how much weight do they want to throw at me ! what in heavens name are they trying to hide ?

[Amethyst]

Re: OFT FoIA request disclosure of Firstplus reprimand information.

Have posted the FOI release http://legalbeagles.info/firstplus-r...t-foi-release/