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The OFT has recently published guidance which sets out how and when it can use its new power to suspend consumer credit licences.

Under the Financial Services Act 2012, the OFT can only use the new power where there is an urgent need to protect consumers from harm.

The guidance establishes that in the most serious cases, which include those where there is evidence of physical harm, the OFT will suspend a licence with immediate effect. In other circumstances, businesses will be given an opportunity to make its case to an adjudicator before the suspension takes effect.

The power significantly strengthens the OFT's ability to protect consumers, allowing it to quickly put a stop to the licensable activities of businesses that otherwise would be able to operate until the end of an often lengthy appeals process.

The OFT will use the power where there is evidence that the business has engaged in practices that cause, or have the potential to cause, physical, economic or other harm to consumers. These practices may involve violence, fraud or other forms of dishonesty, or the targeting vulnerable consumers with harmful practices.

David Fisher, OFT Director of Credit, said:

'This important new power strengthens our ability to protect consumers from harm. We will not hesitate to use it in the most serious cases where there is an urgent need to protect people.'

The recent guidance has been produced following a consultation to which industry, consumer groups and others responded. 

Download Power to suspend consumer credit licences - OFT guidance for licence holders (pdf 454kb)

NOTES

1. The power came into effect on 19 February 2013 as a result of the Financial Services Act 2012. 
2. The Consumer Credit Act 1974 requires 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.
3. Once a licence is suspended, for the duration of the suspension a licensee will be treated in law as if they were unlicensed. Engaging in licensable activities whilst unlicensed is a criminal offence.