David Drysdale
| Publication date | 28 November 2016 |
|---|---|
| Case reference | 99859 |
| Procedure | Track 2 |
| Adjudicated party | David Drysdale |
| Service type | Information |
| Tribunal's final assessment | Very Serious |
| Sanctions |
Code 14 -
4.8.2 (b) Code 14 - 4.8.3 (d) Code 14 - 4.8.3 (j) |
| Breaches raised |
Code 12 -
2.3.1 Fairness Code 13 - 2.3.1 Fairness Code 14 - 2.3.1 Fairness Code 12 - 2.3.2 Misleading Code 13 - 2.3.2 Fairness Code 14 - 2.3.2 Fairness Code 12 - 2.6.4 Complaint handling Code 13 - 2.6.4 Complaint handling Code 14 - 2.6.4 Complaint handling Code 12 - 3.4.12 (a) Numbers Code 13 - 4.2.5 Investigations |
| Summary | Between 12 October 2015 and 14 November 2016, the Executive received 9 complaints concerning a fixed line loan brokerage service "Bright Sky Loans" (“the Service”). The Level 2 provider for the Service was David Drysdale T/A Bright Sky Loans (“the Level 2 provider”). The Level 1 provider was Digital Select Ltd. Complainants variously alleged that they did not receive a loan or any contact from loan companies via the service. The Executive raised the following potential breaches of the PSA Code of Practice (the Code) 1. Para 4.2.5 - Failure to disclose information 2. Rule 2.3.1 - Fair and equitable treatment 3. Rule 2.3.2 - Misleading 4. Rule 2.6.4 - Refunds 5. Para 3.4.12(a) - Registration of numbers The Tribunal upheld the breaches of the Code raised, with the exception of the breach of paragraph 4.2.5 which was not upheld. The Level 2 provider’s revenue in relation to the Service was in Band 3 (£250,000 to £499,999). The Tribunal considered the case to be very serious and imposed a formal reprimand, and a fine of £120,000. The Tribunal also imposed a requirement that the Level 2 provider must refund all consumers, regardless of whether or not they have claimed a refund, and provide evidence to PSA that such refunds have been made. The Tribunal prohibited David Drysdale from providing, or having any involvement in, any premium rate service for a period of five years from the date of publication of this decision. Administrative charge recommendation: 100% |
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