First-tier Tribunal (Consumer Credit)

The decisions of the First-tier Tribunal (Consumer Credit) are:

Decision 01

Name of Appellant: GRC decision on preliminary issues on 23 November 2009 in EEC Ltd v Office of Fair Trading with directions and NCN (143 kb)
Appeal against revocation of consumer credit standard licence –determination of preliminary issues including burden of proof and admissibility of new allegations and arguments – Consumer Credit Act 1974, Sections 25 – 41.

Consumer Credit Appeals Tribunal

The decisions of the Consumer Credit Appeals Tribunal from its inception in April 2008 are given below.

Decision 07

Name of Appellant: Qsolvency Limited (263 kb)
APPEAL AGAINST REFUSAL TO GRANT A CONSUMER CREDIT LICENCE – proposed internet-based debt counselling business – Appellant’s website went live and was capable of being accessed by consumers despite application for licence still under consideration – other regulatory breaches also committed – material on website contained numerous errors and omissions, only some of which had been remedied by Appellant at date appeal was heard – assessment of skills, knowledge and experience of the controller of Appellant for purposes of section 25(2) of the 1974 Act – appeal dismissed.

Decision 06

Name of Appellant: United Financial Planning Limited (280 kb)
APPEAL AGAINST REFUSAL TO GRANT CONSUMER CREDIT LICENCE – prohibition orders previously made under the Estate Agents Act 1979 against controller and agents of the Applicant – relevance of findings of untruthfulness and unreliability in previous proceedings – applicant had wrongly traded for approximately 11 months following expiry of previous licence – weight to be attached to previous unblemished trading history of the Applicant and its controller – appeal dismissed.

Decision 05

Name of Appellant: V L Sodha, M N S Financial and M N S Consultancy (23kb)
Costs – whether unsuccessful appellant acted vexatiously, frivolously or unreasonably in bringing appeal or otherwise in relation to the appeal – tribunal not believing evidence of appellant – whether OFT entitled to costs.

Decision 04

Name of Appellant: V L Sodha, M N S Financial and M N S Consultancy (102kb)
REFUSAL TO RENEW CONSUMER CREDIT STANDARD LICENCE – refusal of Financial Services Authority authorisation based on long history of complaints and failure to comply with proper regulatory system – appellant seeking licence under the CCA for mortgage broking only, offering to refer all clients to named FSA authorised brokers – dishonesty – competence – relevance of suggested requirements or undertakings – no protection for non FSA regulated loans, such as buy-to-let, commercial mortgages or second charges.

Decision 03

Name of Appellant: Mark Cooper (67kb)
REVOCATION OF CONSUMER CREDIT STANDARD LICENCE - conviction for dishonesty – failure to disclose disciplinary action by the Financial Services Authority – lying to the adjudicator and the tribunal – undertakings – Appellant ordered to pay costs of appeal.

Decision 02

Name of Appellant: Finance Select (UK) Limited (124kb)
REVOCATION OF CONSUMER CREDIT STANDARD LICENCE – Preliminary issue – Minded to refuse notice served following issue of licence – Issue of licence alleged to have been by mistake – Erratum notice given to licensee at hearing before Adjudicator purporting to treat minded to refuse notice as minded to revoke notice – Whether the notice procedure followed by the OFT complied with the provisions of the Consumer Credit Act 1974 – Notice procedure defective – Appeal allowed and decision to revoke the Appellant's licence quashed.

Decision 01

Name of Appellant: Road Angels Non-Fault Accident Management Limited (14kb)
APPEAL AGAINST REFUSAL TO GRANT STANDARD LICENCE – Determination of the Adjudicator varied by consent so as to provide for the grant of a licence to the Appellant on terms agreed and approved by the Tribunal – No order made as to costs.