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OFT refuses national will makers consumer credit licence

PN 126/03     25 September 2003

A national will making firm, Willmakers of Distinction Ltd, has had its application for a consumer credit licence refused by the OFT. 

The Lincolnshire-based company operates will-writing services across the UK, excluding Scotland.

The adjudicator refused the licence on the basis that an officer of Willmakers of Distinction Ltd, Nicholas Francis Butcher, has convictions for false accounting, theft and conspiracy to defraud. Following these convictions Mr Butcher was struck off the Roll of Solicitors.

The adjudicator decided that she was not satisfied that the company was fit to hold a consumer credit licence. Accordingly the licence was refused.

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:

• 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
• evidence of unfair business practice
• evidence of discrimination on grounds of sex, colour, race or ethnic/national origin.

Director for Consumer Regulation Enforcement, Christine Wade said:

'The director of this company has a string of criminal convictions and is unfit to provide credit to consumers.'

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 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. Applicant number 512697 published on the 5 September 2003. Applicant Willmakers of Distinction Ltd, Willsgate House, St Johns Park, Canwick Avenue, Brace Bridge Heath, Lincoln, Lincolnshire, LN4 2RS.

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