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03/04 7 January 2004
A motor dealer from Middlesex has had his consumer credit licence revoked by the OFT.
The licence was revoked on the basis that the licensee, Mr Paul Ivor Llewellyn, had engaged in improper business practices under the Consumer Credit Act. Mr Llewellyn had taken possession of four cars and agreed to sell them on behalf of the owners but failed to keep the owners fully informed about the progress of the sale and failed to give them the sale proceeds or return the cars to them. He further contravened the Act by failing to inform the OFT of his latest change of address within 21 days of moving.
An adjudicator decided that the licensee was no longer fit to provide credit to consumers and accordingly the licence was revoked.
Under the Consumer Credit Act 1974, businesses that offer consumer credit or hire, or who introduce customers to businesses offering credit facilities, must have a consumer credit licence. The OFT has a duty to protect the interests of consumers by monitoring the fitness of applicants and licence holders.
In considering fitness, the OFT will take into account a number of factors including:
Christine Wade, Director for Consumer Regulation Enforcement, said:
'The licensee has engaged in unfair business practices and therefore is not fit to provide credit to consumers.'
1. The Consumer Credit Act 1974 requires most businesses that offer goods or services on credit or lend money or are involved in activities relating to credit or hire to be licensed by the OFT.
2. The OFT can refuse or revoke a licence if it decides that a trader is not fit to hold one.
3. It should be noted that proceedings under the Act are not the same as those of a court and the adjudicator's findings are not the same as convictions by a court. Therefore where the adjudicator finds that an offence has been committed or a provision of the statute has been contravened, it does not mean that the person concerned has been convicted under court proceedings of that offence or of that contravention.
4. An adverse determination (a refusal to grant a licence or the revocation of an existing licence) can be appealed to the Secretary of State for Trade and Industry.
5. The Consumer Credit Public Register is maintained by the OFT. The register documents traders that hold a licence and any action taken against them. It also details traders that have applied for a licence. Enquiries can be made to the Consumer Credit Licensing Bureau on 020 7211 8608.
6. The determination to revoke licence number 176399 was published on 11 November 2003. The licensee was Paul Ivor Llewellyn, the main place of business is 107 Staines Road West, Sunbury on Thames, Middlesex, TW16 7AH.
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