Requirement Notice
REQUIREMENTS THE OFT HAS DETERMINED TO IMPOSE
THE OFT requires as follows:
Requirement 1
1. Money Advice Direct Limited (MADL) shall fully comply with the OFT
Debt Management Guidance (the Guidance) in its entirety by not
engaging in business practices which are deceitful or unfair or
improper (whether unlawful or not). In particular:
1.1.
MADL shall ensure that its advertising of debt management
services (across all media types including websites) complies fully
with clause 2.2 – 2.4 of the Guidance. Specifically MADL's
advertising or promotional materials must:
1.1.1. Not claim or imply that savings will be made by rescheduling
debts, without making it clear that this will usually lead to an
increase in the sum to be repaid and the length of repayment
period;
1.1.2. Not claim or imply that the service is free if a fee is payable
for a product at any stage (including nominee/upfront and
supervisory/administration fees) even if the initial advice is
free. Details of all fees will be stated prominently in the
advertisement;
1.1.3. Explain all of the advantages and disadvantages involved in
the different debt solutions available to the consumer and in
undertaking any service it provides them, and
1.1.4. Not imply that the service is impartial or independent or use
words to that effect
1.2.
MADL shall make clear its commercial status and in doing so
shall not give the impression through any of its advertising that it
is a charity, not for profit, public sector or publicly funded
organisation. MADL shall not give the impression it is affiliated
with any of the above or imply it has some official status or
sanction from the Government. Specifically MADL's advertising or
promotional materials must comply with 2.2 and 2.27 of the
Guidance by ensuring:
1.2.1. MADL acts in the best interests of the consumer and,
1.2.2. MADL's advertisements and other promotional material must
be accurate and clear and must not mislead, either expressly or
by implication or omission.
1.3.
MADL's advertising of debt solution products (across all media
types) shall comply fully with clauses 2.2 and 2.10 of the
Guidance. Specifically MADL's advertising or promotional
materials (including websites) shall ensure:
1.3.1. that it is made very clear that MADL does not provide or
administer debt solutions itself, and
1.3.2. consumers must be provided with adequate information
about the service to be provided by MADL including
information about the nature of the service that is being
offered.
Requirement 2
2. MADL shall fully comply with Requirement 1 and confirm in writing to
the OFT that its advertising is compliant by the date 21 days after the
date the requirements are imposed.
Requirement 3
3. MADL shall arrange for its compliance with the Guidance and the
requirements in this notice to be audited. The audit shall be conducted
by an organisation or individual, financially independent, excepting
remuneration for its services, from MADL, its controllers and/or
associates. The auditor shall provide a balanced review based on their
findings. Both the instructing material provided by MADL and results
of the audits are to be submitted directly by the auditor to the OFT.
The audit should be submitted to the OFT by the date 3 calendar
months after the date the requirements are imposed.