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OFT revokes Norfolk motor dealer's consumer credit licence

PN 143/03     5 November 2003

A motor dealer from Norfolk has had his consumer credit licence revoked by the OFT.

The decision to revoke the licence was taken on the basis that Mr Alistair Carins had engaged in unfair business practices and had been convicted at Central Norfolk Magistrates Court on 3 April 2001 of an offence under the Business Names Act 1985; and that a business associate of Mr Carins had committed offences under the Trade Descriptions Act involving fraud and dishonesty.

The adjudicator decided that he was not satisfied that Mr Carins was fit to hold a consumer credit licence. Accordingly the licence was revoked.

Under the Consumer Credit Act, 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:

'This decision means that an unfit trader is no longer able 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. The determination for licence number 456255, 30 White Cross Road, Swaffham, Norfolk, PE37 7QY was published on 15 October 2003.

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