Consumer Protection from Unfair Trading Regulations 2008

[Zamzara]

These come into force tomorrow (Monday).

http://www.oft.gov.uk/shared_oft/bus.../oft931int.pdf

It's set to be a huge reform of what businesses are allowed to do when dealing with consumers. As well as 31 practices that are always banned, there will be general offences of behaving in a misleading or unfair way.

One of the main things that is new is these will be strict liability offences so no deliberate fraud or intent will have to be proved in most cases.

From a general consumer point of view, this could make it an offence to mislead customers about statutory rights, it will extend laws on misleading/hidden prices to people like letting agents who were not previously covered. It will become an offence to run cashback scams, or to put 'non-contractual obstacles' in the way of a customer trying to exercise cancellation rights. Bait-and-switch is specifically banned.

In short, a lot of unfair practices that were in need of reform and were not caught by existing laws are likely to become illegal.

[Zamzara]

These come into force tomorrow (Monday).

http://www.oft.gov.uk/shared_oft/bus.../oft931int.pdf

It's set to be a huge reform of what businesses are allowed to do when dealing with consumers. As well as 31 practices that are always banned, there will be general offences of behaving in a misleading or unfair way.

One of the main things that is new is these will be strict liability offences so no deliberate fraud or intent will have to be proved in most cases.

From a general consumer point of view, this could make it an offence to mislead customers about statutory rights, it will extend laws on misleading/hidden prices to people like letting agents who were not previously covered. It will become an offence to run cashback scams, or to put 'non-contractual obstacles' in the way of a customer trying to exercise cancellation rights. Bait-and-switch is specifically banned.

In short, a lot of unfair practices that were in need of reform and were not caught by existing laws are likely to become illegal.

[Zamzara]

[reply to spam removed]

[j.barton1]

hiya, just seen this, i have complained to the oft weeks ago re this... sorry, its a long one!!!!

Do you think i should try again?
ta

[gyzmo]

If you are referring to the usage of the CPUT regs, they are not retrospective and are really for enforcement purposes. Your complaint will come under the pre-existing legislation.

	Consumer Protection from Unfair Trading Regs 2008 Follow this link to our CPUT entry in the library. Using CPUT you can complain to Trading Standards about Unfair Commercial Practices. Complaining under CPUT is easy to do. It costs no money and carries no risk. However, you may also need to bring your own direct action to produce a solution to your own problem or to get compensation.

[j.barton1]

Hi Gizmo and thanks, the oft did respond to my complaint before but they said they cannot take action on individual cases?
Thanks again

[Frugality Flo]

Hi - first post! Is this the thread for contesting old (ie pre-2007) credit card conditions, or am I in the wrong place?

Thanks

[gyzmo]

wrong place!

[JDEH]

I'm also interested in the question of challanging unfair credit card (pre 1997) conditions. where do I go to?

[gyzmo]

look on the consumer debt forums

[JDEH]

Thanks Gyzmo - I will have a look there. (I am a newcomer and find navigating the site a bit difficult!)

[gyzmo]

have a look under the FAQs and welcome guide - lots of helpful bits there and anyone will be happy to guide you to the right place!

[autum]

hi my daughter took out catalogue in my name the debt is over 6yrs old wescot has asked meto pay 100pounds a month i am a old age pensioner can any one help

[joskydive]

Hi, This is my first post and I'm not sure where to look for answers to my daughter's rather disgusting and stressing situation.

To date - She lost her husband in the Irag war nearly two years ago now, leaving her and her 3 year old son as the sole beneficiaries to his estate. Her husband was insured with AIG.

Up until a few months ago AIG has been sending her a monthly cheque from USA to UK and she has then had to wait a long time for the cheque to clear. As this was not an ideal situation, I advised her to contact them and ask that they simply transfer her funds directly to her Bank. Lloyds Bank.

Since this request was made there have been all sorts of difficulties where the Bank will not accept and acknowledge AIG and allow them to transfer the money even though my daughter has informed them that this is her requirement and because it is now 4 months since she her last payment from them they sent a cheque instead to tide her over financially. Since she has paid in this cheque to her account, however, the Bank has informed her that it will now take between 4 - 6 weeks to clear the cheque for some reason and they are being as ackward as possible. In the meantime, she account is well overdrawn and being charged for it and she now has to worry over AIG going bust too and will she get any of her money anyway. Is there anyone here who can tell me what is the best move for her to make right now?

There is a lot more to the story, however, this is the main jist at the moment. Any replies would be a help. Thanks

[Givuzagame]

Originally Posted by Zamzara

These come into force tomorrow (Monday).

http://www.oft.gov.uk/shared_oft/bus.../oft931int.pdf

It's set to be a huge reform of what businesses are allowed to do when dealing with consumers. As well as 31 practices that are always banned, there will be general offences of behaving in a misleading or unfair way.

One of the main things that is new is these will be strict liability offences so no deliberate fraud or intent will have to be proved in most cases.

From a general consumer point of view, this could make it an offence to mislead customers about statutory rights, it will extend laws on misleading/hidden prices to people like letting agents who were not previously covered. It will become an offence to run cashback scams, or to put 'non-contractual obstacles' in the way of a customer trying to exercise cancellation rights. Bait-and-switch is specifically banned.

In short, a lot of unfair practices that were in need of reform and were not caught by existing laws are likely to become illegal.

link doesn't appear to be working....

[skbuncks]

Try this

http://www.opsi.gov.uk/si/si2008/pdf...0081277_en.pdf

skb

[Givuzagame]

Originally Posted by joskydive

Hi, This is my first post and I'm not sure where to look for answers to my daughter's rather disgusting and stressing situation.

To date - She lost her husband in the Irag war nearly two years ago now, leaving her and her 3 year old son as the sole beneficiaries to his estate. Her husband was insured with AIG.

Up until a few months ago AIG has been sending her a monthly cheque from USA to UK and she has then had to wait a long time for the cheque to clear. As this was not an ideal situation, I advised her to contact them and ask that they simply transfer her funds directly to her Bank. Lloyds Bank.

Since this request was made there have been all sorts of difficulties where the Bank will not accept and acknowledge AIG and allow them to transfer the money even though my daughter has informed them that this is her requirement and because it is now 4 months since she her last payment from them they sent a cheque instead to tide her over financially. Since she has paid in this cheque to her account, however, the Bank has informed her that it will now take between 4 - 6 weeks to clear the cheque for some reason and they are being as ackward as possible. In the meantime, she account is well overdrawn and being charged for it and she now has to worry over AIG going bust too and will she get any of her money anyway. Is there anyone here who can tell me what is the best move for her to make right now?

There is a lot more to the story, however, this is the main jist at the moment. Any replies would be a help. Thanks

It maybe worth looking around for an alternative bank that could help in this situation.
Do AIG have an English office to speak to?
or The Insurance Ombudsman? They might be able to help?
She doesn't need this stress I'm sure. Good luck!

	The Financial Ombudsman Service For the most part, don't bother. The Ombudsman is an industry arranged service which is under-resourced, takes too long, lacks clear transparency. You have no idea what evidence the FOS has received from the bank or how your complain has really been handled. The FOS is the preferred complaints route for the banking industry. The county court is to be preferred by consumers for its speed, openness, the quality of its awards and also because it will award 8% interest on top of any damages won by you. The Ombudsman should normally be used to solving little technical difficulties or customer service problems which you have expereinced with your bank.

[lookinforinfo]

Joskydive I am sorry to hear the problems your daughter is having.
I would imagien that the main reason for the delay is that AIG are sending the money in dollars. Before it can be credited to your daughters account the amount has to be converted into £ sterling and that is what takes the time as the cheque has to go back to the USA and when it is paid only then can it be converted into sterling. It is a source of considerable irritation to many that the banks still take so long to complete these transactions-sheer greed on their part.

It may be best to explain the problem to AIG over here in England to see if the American branch can make the payments in £s rather than $s from the start, or to allow the British section of AIG to make the payments in sterling.

[ScarletPimpernel]

PAX, the policy many UK service personnel have, is underwritten by AIG, though I've never heard of payments coming from USA.

It would be helpful to know whether the insured person was UK military, US military or a PSD. If the former, I have good contacts at PAX and may be able to help.

[annpow]

Hi all,

I've just been reading the info about debts over six years old.

I'm just wondering when the 6 years would start from? I assume it wouldn't be the date that the agreement started? Is it from the date of default and how do I find out if 6 years have passed?

Thanks