227/05    12 December 2005

The OFT has decided to refuse the application for a consumer credit licence made by Gary Hardy, a Nottinghamshire-based property and motor dealer.

This refusal follows the adjudicator’s findings that Mr Hardy, who trades under the name of G H Properties, was convicted of perverting the course of justice. He also knowingly or recklessly gave false information to the OFT by failing to declare on his application form that a business associate, Apex Window Fabrications Limited, had gone into liquidation, thereby committing an offence under Section 7 of the Consumer Credit Act. Apex Window Fabrications Limited went into liquidation owing money to the Inland Revenue, H M Customs & Excise and others.

In considering fitness, the OFT will take into account a number of factors including:

• any offence or conviction of violence or dishonesty carried out by the business or anyone involved in running the business
• failure to comply with the provisions of the Consumer Credit Act or other consumer protection legislation
• consumer complaints and how they are dealt with
• evidence of unfair business practice
• evidence of discrimination on grounds of sex, colour, race or ethnic origin.

Christine Wade, Director of Consumer Regulation Enforcement said:

'Gary Hardy has been judged by an adjudicator to be unfit to hold a credit licence because he committed an offence involving serious misconduct, and he provided the OFT with misleading information by failing to declare that a company he was involved with had gone into liquidation.'

NOTES

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 by the OFT under the Consumer Credit Act are not the same as those of a court and the adjudicator’s findings under the Act 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 law 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. Adjudicators issue and determine licensing Notices under the Consumer Credit Act. They do so on behalf of the OFT, but make individual and independent decisions on fitness based upon the contentions in a Notice, the evidence attached to a Notice and the representations of those to whom the Notices are addressed. Representations may be made in writing and at an oral hearing.

5. 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. Mr Hardy has until 15 December 2005 to lodge an appeal.

6. 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.

7. The determination to refuse application number 569577 was published on 15 November 2005. The applicant was Gary Hardy of The Willows, Lodge Lane, Kirby-in-Ashfield, Nottinghamshire, NG17 7QL.