WIREDGOV

The warning follows a significant increase in the number of adverts on the internet and in newspapers from debt and claims management companies that misleadingly state they can take over liability for debts or write off debts by purchasing consumers' credit agreements.

In fact the law does not allow the sale of debt without the lender's permission and so businesses that suggest otherwise are making clearly misleading claims. Brokers who introduce clients to debt and claims management companies that say that they can 'buy' and 'sell on' consumer debts are also misleading consumers.

Consumers need to be aware that if they 'sell' their debts to one of these businesses, either directly or through a broker, they will still be liable for their original repayment obligations as well as losing the money they paid for this false service.  Consumers will also still be subject to any debt collection activity and negative credit scoring associated with the original debt.

The principal regulator for claims management companies is the Ministry of Justice. Those businesses that operate in the credit/debt sector also need to be licensed by the OFT. Some of the firms offering these services do not have consumer credit licences and the OFT is working in partnership with local trading standards services to prosecute them for unlicensed trading.  Formal licensing enforcement action has already been initiated against licensed companies whose advertising or websites are making these misleading claims.

Ray Watson, OFT Director of Credit, said:

'Like most scams, when something looks too good to be true, it usually is, and this is certainly the case here.  You cannot simply sell on your debt and its liabilities, and businesses that make misleading claims to the contrary are just trying to take advantage of consumers' distress. 

'The OFT will not hesitate to take swift action against businesses which deliberately mislead consumers.'Consumers with debt problems should contact their creditor to arrange a repayment plan or their local Citizens Advice Bureau who will be able to provide free advice.'

NOTES

1.The Ministry of Justice (MoJ) is the principal regulator for claims management companies but businesses that operate in the credit/debt sector also need to be appropriately licensed by the OFT. The Consumer Credit Act 1974 (the Act) requires most businesses that offer goods or services on credit or for hire, lend money to consumers, or offer debt purchase, debt counselling, debt adjusting services or credit information services to be licensed by the OFT.  Even if a business does not offer credit itself, but introduces clients to sources of credit, that business may be engaging in credit brokerage activities for which a consumer credit licence is required.

2.It is a criminal offence under section 39(1) of the Act to carry out any activity that requires a consumer credit licence without such a licence.  Under the Act, unlicensed trading is punishable by a fine, imprisonment, or both.

3.Businesses providing claims management services regulated by the MoJ are required to follow strict rules of conduct including a ban on misleading marketing, high pressure selling and cold calling in person.

4.In August 2008 MoJ issued a joint consumer alert with OFT encouraging consumers to consider their position carefully and get independent advice and in February 2009 published fresh guidance on the type and content of marketing considered to be misleading. A number of businesses have been directed to change their marketing.

5.Today, MoJ has issued a further warning on marketing issues and the threat of enforcement action against any authorised businesses which fail to comply with the requirement that they must provide consumers with clear information about the options available for pursuing their claim, the realistic chances of success and the expected costs of doing so before any fees are charged or a contract is signed. For more information about the regulation of claims management businesses and general advice see www.claimsregulation.gov.uk

6.Consumers can check whether a business holds an appropriate consumer credit licence by searching the OFT's online consumer credit register at:  http://www.oft.gov.uk/consumercreditregister

7.For advice on dealing with debt, see the Directgov website or visit your local Citizens Advice bureau.