FIRSTPLUS Financial Group plc First Plus House The Avenue Business Park Pentwyn Cardiff CF238FF Number of complaints: 1

Date: 3 October 2007 Media: Television Sector: Financial Agency: EHS Brann

Ad
A TV ad, for Firstplus Homeowner Loans starred Carol Vorderman. The ad showed a family of four in cinematic speed-up passing through their kitchen as they went about their daily lives. 'To do' notes on the fridge, particularly involving bills and outgoings, were the focus of the ad. Vorderman stated, "A Firstplus Homeowner Loan can help you get your finances back on track by rearranging your existing credit into one low monthly payment". Text at the bottom of the screen in one shot during the ad read, "Home owners only" and in another shot:

"Firstplus loans are not available for investment or business purposes. Subject to status."

Issue
A viewer complained that the ad was misleading because he tried to apply for a Firstplus Homeowner Loan and was told that because he owned his property outright he was ineligible. He was told that the loan was only available to homeowners with an existing mortgage. The complainant stated that the ad did not make this condition clear.

BCAP TV Advertising Code:

5.1;9.3;9.8

Response
The Broadcast Advertising Clearance Centre (BACC) said they were not aware from the information provided by the advertiser's agency, ESH Brann, that the loan was not available to someone who owned their house outright. They said the ad had run for over a year and the agency had advertised the same offer for the last ten years using the same legal text without complaint. They believed this highlighted how unusual it was for an outright home owner to try and secure a loan of this type.

EHS Brann replied on behalf of the advertiser FirstPlus. They said this was the first time in ten years that they had received a complaint of this type and believed the scenario of someone applying for a secured loan when they had already paid off their mortgage was extremely rare. They said the super-script "Homeowner Loan" was not a legal requirement and was included in the ad by Firstplus in order to avoid the confusion of non-homeowners or tenants trying to apply for the loan. They said that in the light of this complaint they had amended their ad to clarify it.

Assessment
Upheld
The ASA noted the BACC and EHS Brann's comments, but considered that, without qualification, the name of the product "Homeowner Loan", could confuse people into believing they were eligible for the product if they owned their home outright. We concluded that the ad was misleading.

The ad breached CAP (Broadcast) TV Advertising Standards Code rules 5.1 (Misleading) 9.3 (Misleading Advertising Financial) 9.8 (Lending and Credit).

Action
The ad should not be shown again in its current form.

Adjudication of the ASA Council (Broadcast)