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OFT’s work and responsibilities after 31 March 2014

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  • OFT’s work and responsibilities after 31 March 2014

    OFT’s work and responsibilities after 31 March 2014

    As part of the Government’s reforms to the arrangements for competition, consumer protection and consumer credit regulation, the Office of Fair Trading (OFT) closes on 31 March 2014, and its work and responsibilities pass to a number of different bodies.

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    Advice

    If you want advice or help with a consumer problem, please contact the Citizens Advice consumer service (call 08454 04 05 06 or visit the Advice Guide). This service provides free, confidential and impartial advice, and shares the information it collects with the UK's enforcement authorities. It replaced the OFT-run Consumer Direct on 1 April 2012.
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    Competition and consumer protection

    The Competition and Markets Authority (CMA) will bring together the Competition Commission (CC) and the competition and certain consumer functions of the OFT in a single body. The CMA will promote competition, within and outside the UK, for the benefit of consumers.
    The CMA was established under the Enterprise and Regulatory Reform Act 2012 and came into being in October 2013. It takes on its full powers and responsibilities, such as competition law enforcement, market studies and investigations, and merger control, on 1 April 2014. Visit the CMA's pages on GOV UK for more information.
    On 1 April 2013, local authority Trading Standards Services took on the lead role in enforcing consumer protection law, including at the national level. The OFT, and from 1 April 2014 the CMA, retains its powers to enforce consumer law, with lead responsibility on unfair contract terms, using them to tackle widespread practices and market conditions that make it difficult for consumers to exercise choice or to seek out the best deal - for example, where consumers are prevented from switching suppliers by unfair contracts or where misleading pricing practices are widely used.
    A number of sectoral regulators share concurrent competition and consumer powers with the OFT, and will continue to share these powers with the CMA. This includes Ofcom, Ofgem, the Office of the Rail Regulator, OFWAT, the Civil Aviation Authority, the Financial Conduct Authority and Monitor (competition powers only).
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    Consumer credit

    On 1 April 2014, the Financial Conduct Authority (FCA), which regulates the financial services industry in the UK, becomes the regulator for the consumer credit industry under a new, different regulatory regime. The FCA will authorise firms to undertake credit-related activity, and enforce consumer credit law and regulation. For more information, see the FCA's website. (Information for those who hold or have applied for a licence under the regime operated by the OFT before April 2013 is available on the Consumer credit changes page.)
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    Anti-money laundering

    On 1 April 2014, the OFT's anti-money laundering powers and responsibilities pass to the FCA (in respect of consumer credit financial institutions), and to Her Majesty's Revenue and Customs (in respect of estate agents).
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    Regulation of estate agents

    On 1 April 2014, the OFT's powers to prohibit or warn estate agents, and to authorise estate agents redress schemes, pass to Powys County Council.
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    Consumer Codes Approval Scheme

    The Trading Standards Institute (TSI) has been operating a successor scheme to the OFT's Consumer Codes Approval Scheme since April 2013. See more details on the TSI scheme.
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    Consumer and business education

    Since April 2013, Citizens Advice has had responsibility for consumer education, whilst most business guidance on consumer law has been the responsibility of the Trading Standards Institute (TSI). The TSI has, for example, taken over the hubs developed by OFT on the law around the Sale of Goods Act and distance selling. The CMA may issue specific guidance for businesses where it has conducted a market study or other in-depth analysis of business practices in a particular sector, or in relation to the application of unfair contract terms legislation, where it retains a lead role.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps
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  • #2
    Re: OFT’s work and responsibilities after 31 March 2014

    The FCA have now published the Final rules for consumer credit firms
    http://www.fca.org.uk/news/ps14-3-fi...r-credit-firms

    Had too much lager to read it tonight.
    Last edited by NotPaying; 3rd March 2014, 00:24:AM.

    Comment


    • #3
      Re: OFT’s work and responsibilities after 31 March 2014

      Thanks for that xxx

      "We have made some changes to our proposals, including amending the risk warning that high-cost short-term lenders will have to include on adverts. We have also clarified our rules on continuous payment authorities to allow for high-cost short-term loans repaid by instalments.''

      Uh oh

      646 pages.... maybe tmw
      Attached Files
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Re: OFT’s work and responsibilities after 31 March 2014

        Couldn't resist.

        5.3.5
        R A firm must not advise or encourage a customer to enter into a regulated credit agreement for an amount of credit higher than the customer initially requested if the creditworthiness assessment or the assessment required by CONC 5.2.2R(1) indicates that repayment of the higher amount would not be sustainable or the firm ought reasonably to suspect that that is the case. [Note: paragraph 4.28 of ILG]

        5.3.6
        R A firm must not complete some or all of those parts of an application for credit under a regulated credit agreement intended to be completed by the customer, without the consent of the customer, unless the customer is permitted to check the application before signing the agreement. [Note: paragraph 4.30 of ILG




        7.3.10 R A firm must not pressurise a customer:
        (1) to pay a debt in one single or very few repayments or in unreasonably large amounts, when to do so would have an adverse impact on the customer’s financial circumstances; [Note: paragraph 7.18 of ILG]
        (2) to pay a debt within an unreasonably short period of time; or [Note: paragraphs 3.7i of DCG and 7.18 of ILG]
        (3) to raise funds to repay the debt by selling their property, borrowing money or increasing existing borrowing. [Note: paragraph 3.7b of DCG]
        7.3.11
        R A firm must suspend the active pursuit of recovery of a debt from a customer for a reasonable period where the customer informs the firm that a debt counsellor or another person acting on the customer’s behalf or the customer is developing a repayment plan.





        7.3.14
        R (1) A firm must not take disproportionate action against a customer in arrears or default. [Note: paragraphs 7.14 (box) of ILG and 3.7t of DCG]
        (2) In accordance with (1) a firm must not, in particular, apply to court for an order for sale or submit a bankruptcy petition, without first having fully explored any more proportionate options. [Note: paragraph 7.14 (box) of ILG]



        Sadly only Guidance the next one

        7.3.15 G A firm should not make undue, excessive or otherwise unfair use of statutory demands (within the meaning of section 268 of the Insolvency Act 1986) when seeking to recover a debt from a customer. [Note: paragraphs 7.10 of ILG and 3.7n of DCG
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: OFT’s work and responsibilities after 31 March 2014

          I see it's a change from OFT guidance to FCA rules.
          Haven't got past the introduction but this looks promising

          1.2 We will have stronger powers and more resources than the OFT to regulate the consumer credit industry. Firms will have to comply with our Principles for Businesses, such as treating customers fairly, from 1 April and they should feel the difference under our regime from day one.

          Comment


          • #6
            Re: OFT’s work and responsibilities after 31 March 2014

            Hi all. Does anyone know how this legislative instrument http://www.legislation.gov.uk/uksi/2...0140506_en.pdf
            works with respect to maladministration cases already with the PHSO. See 7.2 of the link.

            It says
            (2) But this article does not apply if the complaint or appeal was made to the Parliamentary
            Commissioner for Administration on or before 31st March 2014.

            Now my issue is one of disclosure, and my complaint is that the OFT were maladministrative when they considered my request for information under section 241a of the Enterprise Act.

            I have asked both the FCA and the PHSO what would happen should the PHSO agree with me, prompting the OFT to have to reconsider their refusal, but the OFT is shut. Neither know.

            Now considering my claim has been with the PHSO for 3 years now I'm not entirely hopeful that i'll get the decision in the next 3 weeks - it has been promised me though .

            It just seems to me that I might fall through the net here and have to start my request for info again. I know I'm paranoid but after so long I cant really be blamed for being a bit.

            Anyhow, I know it's a long shot as my situation is unusual - well I guess it's unusual to even get a PHSO investigation, never mind one that takes 3 years, but if anyone has any info to put my mind at ease I'd be grateful.

            Comment

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