ASA Adjudication on Action for Debt
Action for Debt
108B Newgate Street
Bishop Auckland
Co Durham
DL14 7EQ
Date:
22 February 2012
Media:
Regional press
Sector:
Financial
Number of complaints:
1
Complaint Ref:
A11-179631
Background
Ad
A regional press ad for a company offering debt advice, viewed in November 2011, stated "DO YOU HAVE FINANCIAL PROBLEMS? Waiting list to see the C.A.B. is up to 3 weeks! Would you like debt advice within 48 hours? Call Action for Debt in confidence [company telephone number] 'If we can't help, no one can' We offer more options than anyone else So you can choose what's best for you [company website address]".
Issue
Wear Valley Citizens Advice Bureau (C.A.B.) challenged whether:
1. the claim "Waiting list to see the C.A.B. is up to 3 weeks!" could be substantiated, because they were the local C.A.B. service for the area where the ad appeared and were accessible five days a week without an appointment; and
2. the claim "'If we can't help, no one can' We offer more options than anyone else" could be substantiated, because in addition to what the advertiser's offered, Wear Valley C.A.B. offered advice on further topics.
CAP Code (Edition 12)
Response
1. Action for Debt said they believed there was a three week waiting list for people to see the C.A.B. and that this claim was true.
2. Action for Debt stated that they offered help on a wider range of debt problems than the C.A.B. They said the C.A.B. did not offer any help with business debt problems and provided us with a list of services that they claimed the C.A.B. did not offer.
Assessment
1. Upheld
The ASA noted Action for Debt said they believed the claim "Waiting list to see the C.A.B. is up to 3 weeks!" was true; however, since we had not seen evidence of that, we considered that the claim was misleading.
On this point, the ad breached CAP Code (Edition 12) rules 3.1 (Misleading advertising) and 3.7 (Substantiation).
2. Upheld
We noted Action for Debt claimed that they offered more options than the C.A.B.; however, we understood from the C.A.B. that they offered more options in personal debt, such as the opportunity to apply for Debt Relief Orders within their organisation. The C.A.B. also stated they had a preferred partnership with Consumer Credit Counselling services and the ability to refer someone in-house to a special caseworker funded by the Money Advice Service to help with Payment Protection Insurance recovery. We considered the ad implied that Action for Debt offered more options than the C.A.B. for all debt problems, both for business debt and personal debt. Because we had not seen sufficient, robust evidence to demonstrate that Action for Debt offered more options concerning debt advice than the C.A.B. we concluded that the ad was likely to mislead.
On this point, the ad breached CAP Code (Edition 12) rules 3.1 (Misleading advertising), 3.7 (Substantiation) and 3.33 (Comparisons with identifiable competitors).
Action
The ad must not appear again in its current form. We told Action for Debt not to make claims concerning the waiting times or services of the C.A.B. without robust substantiation.
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