The OFT's powers

The OFT cannot determine whether a term is or is not unfair or whether any individual consumer is entitled to compensation. It is our duty to consider any complaints about the unfairness of a contract term and if we believe that a term is unfair, we have powers to ask a court for an injunction to prevent it being used or recommended for use. However, only the courts can finally decide whether a term is or is not unfair.

The OFT may accept suitable undertakings given to it instead of taking court action.

Who else has legal powers under the UTCCRs?

A number of 'qualifying bodies' have enforcement powers, including the utility regulators, the Information Commissioner, the Consumers' Association, the Department of Enterprise, Trade and Investment in Northern Ireland, the Financial Services Authority, and all trading standards services.

Back to: Unfair Terms in Consumer Contracts