Dear Mr Tomkiss

On 27 August 2008 you requested by e-mail:

How many complaints have been made regarding CompuCredit UK trading as Monument. You also asked for the outcome of those complaints.

We treated your request for information in accordance with the terms of the Freedom of Information Act 2000 (FoIA) and the Enterprise Act 2002 (EA 2002).

I note you received a response from Aaron Gould of this Office and I have just been passed a copy of this. I have also been passed a copy of your e-mail of 11 September informing us you are about to begin proceedings against Arrow Global and Monument.

The response sent to you should have explained in far more detail why it is not possible for this Office to provide complaints data and the legal constraints placed upon us from doing this. It should have also explained the requirements of the Enterprise Act 2002 (Disclosure of Information for Civil Proceedings etc) Order 2007 which may allow us to provide the information you require (please see below -Disclosure Gateway).

Response to your request for information relating to complaint data held by the OFT and/or Consumer Direct

Due to the legislative constraints contained in Part 9 of the EA 2002 which relates to the `Restrictions on Disclosure' (Sections 237 and 238) requests for details of complaints data held by the OFT, including whether or not the OFT has received any complaints; the details of those complaints or the number of complaints about a business or individual cannot be provided unless a permitted gateway allows the information to be released (see below).

Section 44(1)(a) of the FoIA provides an absolute exemption from disclosure of information where the Public Authority holding it is prohibited by or under any other enactment.

`Part 9 of the Enterprise Act 2002 (`EA2002') prohibits the disclosure of specified information. Specified information is information which comes to a public authority in connection with the exercise of its functions. Complaints information that is received by the OFT and/or Consumer Direct including the details or the number of complaints about a particular company or trader is received in the course of performance of our functions under the EA 2002 and is therefore subject to the exemption on disclosure as described at Section 44(1)(a) of the FoIA.

Furthermore the OFT neither confirms nor denies that that it holds any complaint information falling within the terms of your request. The duty under Section 1(1)(a) of the FoIA which states:

`Any person making a request for information to a public authority is entitled to be informed in writing by the public authority whether it holds information of the description specified in the request'

does not apply by virtue of Section 44(2) of the FoIA which states:

`The duty to confirm or deny does not arise if the confirmation or denial that would have to be given to comply with Section 1(1)(a) of the FoIA would fall within Section 44(1)(a-c).

You may be interested to know that the refusal to supply complaints information by the OFT has on a number of occasions been appealed to both the Information Commissioner and the Information Tribunal. Both have upheld the OFT's application of the FoIA and EA 2002 and confirmed our view of neither confirming nor denying we hold information and refusing to supply details of complaints.

Disclosure Gateway

The Enterprise Act 2002 (Disclosure of Information for Civil Proceedings etc.) Order 2007 came into effect on1 October 2007 and provides a gateway for disclosure of consumer information such as complaint information for the purposes of civil proceedings. However before we could disclose complaints information in accordance with this gateway we would first need evidence from the court of forthcoming proceedings and then would carefully consider the request in accordance with the gateway requirements.

I am sorry that I am unable to provide you with the information you requested on this occasion but, as you can see from the above information there are significant legal restrictions placed on the OFT in relation to the disclosure of complaint information.

Appeals procedure

If you wish to complain about the way in which your request for information has been handled, you may seek an internal review by writing to:

The Internal Review Co-ordinator

Room 4C/046
Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX

You may alternatively send an e-mail to [email address]

We will deal with your complaint within 25 working days of receipt or, if this is not possible, advise you of a date by which we expect to have completed a review of your complaint.

If you remain dissatisfied with the OFT's response you have the right to complain to:

The Information Commissioner

FOI/EIR Complaints Resolution

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SX9 5AF

Yours sincerely

Ian Bennett

FoIA/DPA Coordinator

OFT Information Access Team

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London EC4Y 8JX

Switchboard: (020) 7211 8000

www.oft.gov.uk