Businesses who offer debt management advice or credit repair services to consumers have received revised guidelines from the OFT on the standards they are expected to provide.
The new guideance expands on previous verison and provides examples of what would be considered ‘unfair or improper practices’ which if a business were to engage in could end up with being considered unfit to hold a consumer credit licence and/or operate in the market.
Examples of unfair practices include:
- Sending unsolicited marketing text messages, email or voicemails.
- Providing inappropriate financial incentives to staff giving debt advice, which may encourage them to promote unsuitable debt management products for personal gain.
- Making false or misleading claims regarding the status of the business, for example operating websites which look like the website of a charity or a government body.
Businesses will be expected to refer consumers to not-for-profit advice organisations for additional help, in certain circumstances, and are also expected to implement measures and systems to fully recognise and deal with more vulnerable clients, such as those with mental capacity issues.
The guidance itself has an overall theme of transparency, with businesses now expected to provide consumers with all the necessary information to enable them to make an informed decision in relation to finding the right debt management solution for their individual circumstances.
The guidance builds on enforcement action taken following a compliance review of the sector in 2010, which identified widespread concerns, including problems with advertising and marketing practices and the quality of advice given.
Following the compliance review, the OFT issued 129 warnings to debt management businesses. Since then, 87 businesses have exited the market, either voluntarily or as a result of enforcement action, and a further 67 warning letters have been issued.
David Fisher, Director of the OFT’s Consumer Credit Group, said:
“This new guidance clearly sets out the standards we expect from debt management businesses. All too often it may be particularly vulnerable consumers who fall victim to poor quality debt advice and we will continue to take action against businesses that fail to follow our guidance.”
