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  • OFT imposes requirements on Wonga

    OFT imposes requirements on Wonga

    wonga.com Limited has been sanctioned over its debt collection practices by the Office of Fair Trading (OFT).

    The OFT has imposed requirements on the firm in response to two types of written correspondence and the wording of one call script used by the short-term lender to recover debts owed by customers.

    In a statement, the OFT said Wonga had sent letters or emails without justification which suggested customers may have committed fraud and that Wonga would consider contacting the police if customers did not act as Wonga requested.

    The letters and emails were sent to customers who had claimed money back from Wonga by asking their card providers to reverse a payment made to the company. They were also sent to some customers who had entered into debt management plans.

    David Fisher, OFT director of consumer credit, said: “We have acted to ensure that Wonga does not behave this way again. I would like to make it clear to businesses that they must not adopt aggressive or misleading practices with their customers.”

    But Wonga has criticized the requirements as unnecessary on two grounds, and said it would appeal against the requirements.

    In a statement the firm said the actions which provoked the regulator were two isolated incidents from 18 months ago where the firm genuinely suspected dishonest conduct from customers.

    wonga added that the communications in question have not been sent since the incidents, but admitted that the tone of the letters “fell below our usual high standards”.

    “Wonga has put in place procedures to ensure these communications cannot be repeated and it has provided assurances to the OFT to that effect,” the firm’s statement read.

    “In particular, current fraud processes ensure cases of suspected fraud are always referred to an in-house team of experienced professionals and suspicions that a customer may have acted fraudulently are not communicated to the customer. Regarding the collections script in question, Wonga has confirmed to the OFT it has not been in use since January 2010 and that Wonga no longer uses scripts for collections activity.”

    The OFT requirements mean Wonga’s communications must not, without appropriate justification, allege that a customer has, or may have, engaged in criminal conduct or refer to the consequences of such conduct.

    wonga must also not state that a customer should not be in debt if the customer has a certain employment status or for any other reason.

    The action is the first taken against a short-term lender after the OFT launched an extensive review of the payday loan sector in February.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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  • #2
    Re: OFT imposes requirements on Wonga

    OFT requires Wonga to ensure improved debt collection practices - The Office of Fair Trading

    40/12 22 May 2012

    The OFT has required Wonga.com Limited and some of its associates (Wonga) to ensure that aspects of their debt collection practices are acceptable.

    The OFT action follows statements made by Wonga to customers in two types of written communications and in the wording of one call script.

    Without having appropriate justification the letters or emails suggested that customers may have committed fraud and that Wonga would consider contacting the police if customers did not act as Wonga requested.

    The wording in the call script stated that customers with jobs in the public or financial sectors should not find themselves in debt, and that this was stated in their terms of employment.

    As a result, the OFT has imposed a requirement on Wonga that its communications must not, without appropriate justification:
    • allege that a customer has, or may have, engaged in criminal conduct or refer to the consequences of such conduct
    • state that a customer should not be in debt if the customer has a certain employment status or for any other reason.

    The letters and emails were sent to customers who had claimed money back from Wonga by asking their card providers to reverse a payment made to the company.

    They were also sent to some customers who had entered into debt management plans.

    David Fisher, OFT Director of Consumer Credit, said:

    'We have acted to ensure that Wonga does not behave this way again. I would like to make it clear to businesses that they must not adopt aggressive or misleading practices with their customers'.

    The OFT launched an extensive review of the payday lending sector in February. It expects to announce its findings and strategy to raise standards across the sector later this year.

    NOTES
    1. The OFT's decisions to impose requirements may be appealed to the First-tier Tribunal (Consumer Credit). Details of all recent OFT actions are on the public register.
    2. Download the detailed requirement imposed on:

      Wonga.com Limited (pdf 43kb)
      Samedaycash Limited (pdf 43kb)
      Quickbridge (UK) Limited (pdf 43kb)
      Wonga Customer Services (Pty) Limited (pdf 44kb)
      Wonga International SA (pdf 44kb)
      Wonga Technology Limited (pdf 43kb)
    3. Under the Consumer Credit Act 1974, where the OFT is dissatisfied with any matter in connection with a business, a proposal to carry on a business or any other conduct by a licensee, associate or former associate, the OFT may impose requirements on the licensee. Requirements may require a business to do or not to do (or to cease doing) anything specified to address the OFT's dissatisfaction, or securing that matters of the same or similar kind do not arise.
    4. Failure to adhere to a requirement can lead to the imposition of a fine of up to £50,000 (per instance) and may, under certain circumstances, indicate that a licensee may not be fit to hold a consumer credit licence.
    5. The OFT has issued specific guidance for all businesses engaged in the recovery of consumer credit related debts. The Debt Collection Guidance sets out the standards expected of all business engaging in the activity including creditors, law firms and tracing agents as well as traditional debt collectors.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment


    • #3
      Re: OFT imposes requirements on Wonga

      “In particular, current fraud processes ensure cases of suspected fraud are always referred to an in-house team of experienced professionals and suspicions that a customer may have acted fraudulently are not communicated to the customer. Regarding the collections script in question, Wonga has confirmed to the OFT it has not been in use since January 2010 and that Wonga no longer uses scripts for collections activity.”

      What absolute bovine excrement.

      Wonga 'used' this on me in July/August 2010 and also sent me an email highlighting their 'close links to the Metropolitan Police'.

      I have also seen MANY of these emails sent to other debtors, and the evidence of this tactic is plentiful on consumer forums.

      'Isolated' incidents my behind.

      Fair play on the OFT for imposing requirements on Wonga, and shame on Wonga for even considering appealing them.

      If they had any sense of 'fairness' they should hold their hands up, admit that this has been going on and is NOT 'isolated' at all, but a premeditated approach to handling debtors.

      "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

      The consumer is that sleeping giant.!!



      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment

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