Requirement Notice
REQUIREMENTS IMPOSED BY THE OFFICE OF FAIR TRADING ('OFT')
PURSUANT
TO
SECTION
33A
AND
SECTION
33D(4)
OF
THE
CONSUMER CREDIT ACT 1974 ('the Act')
REQUIREMENTS RELATING TO:
Humber Debt Solutions Limited {'HDSL') {Consumer Credit Licence.
Number 640786, registered company number 7451293) registered office
address: 76-78 Lowgate, Hull, East Yorkshire, HU 1 ·1 HP.
THE OFT REQUIRES THAT HDSL:
1 .
Shall put in place adequate policies and procedures to ensure that it
is able to comply with all relevant guidance and legislation.
2.
Shall ensure that advertising or promotional material across all media
types, including websites and pre-contract information is not
misleading and:
2.1 does not claim or imply that any part of HDSL's service is free if
a fee is payable for a product or service at any stage {including
nominee/upfront and supervisory /administration fees), even if
the initial advice is free;
2.2 does not claim or imply that a debt management option is a
stress free solution;
2.3 does not claim or imply that interest and charges that the
consumer is liable for will be frozen or that demands from
creditors, including phone calls and letters, will stop without
making it equally clear that the creditors do not have to freeze
interest and charges and do not have to stop collection
activity/legal action;
2.4 truthfully and clearly states to the consumer all characteristics
{including any disadvantages) of the debt management products
being suggested by HDSL, including, but not limited to:
2.4.1
the effect of the product on a consumer's credit rating;
2.4.2
the likelihood of any percentage of a consumer's debt
being written off as a result of using the suggested
product; or
2.4.3
the duration of the debt management plan and the
possibility that it will affect a consumer's credit rating
for up to 6 years after payment of debts is completed.
2.5 actively signposts the consumer to the Insolvency Service guide
"In Debt? Dealing with your creditors".
Humber Debt Solutions Ltd, licence number 640786
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13 September 2011
I
3.
Shall inform consumers of their statutory cancellation rights before,
after, and at the point that the consumer contracts with HDSL.
4.
Shall clearly and prominently display details of all fees on its website,
in its terms and conditions and on any letter or correspondence sent
to a consumer before they contract with HDSL.
5.
Shall, at the request of the OFT, provide an audit report on HDSL's
compliance with legislation and OFT guidance in respect of all
licensable activities undertaken by HDSL.
In arranging the audit report, HDSL must:
5.1 propose a suitably qualified independent third party (an 'auditor')
to carry out the audit within one month of receiving a request
from the OFT;
5.2 provide full details of the proposed auditor to the OFT, including
the name of the organisation or company chosen and its
qualifications to carry out an audit so that the OFT can
determine whether the proposed auditor is suitably qualified
(such determination to be made within four weeks of receipt of
details of the proposed auditor from HDSL);
5.3 appoint the proposed auditor to audit HDSL's practices as soon
as reasonably practicable after the OFT has approved HDSL's
proposal; and
5.4 provide a copy of the appointed auditor's report to the OFT
within two weeks of receiving the report.
ANY FAILURE TO COMPLY WITH THE ABOVE REQUIREMENTS WILL
RENDER HUIVIBER DEBT SOLUTIONS LIIVIITED LIABLE TO FURTHER
FORMAL ACTION BY THE OFT. THIS COULD INCLUDE THE I lVI POSlTlON
OF FINANCIAL PENALTIES PURSUANT TO SECTION 39A OF THE ACT
AND/OR THE REVOCATION OF HUIVIBER DEBT SOLUTIONS LIMITED'S
CONSUMER CREDIT LICENCE PURSUANT TO SECTION 32 OF THE ACT.
Signed: 7o.u•d fu~
Authorised signatory on behalf of the OFT
Humber Debt Solutions Ltd, licence number 640786
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13 September 2011