What is a 'CPUTR 2008'

[minmoo]

Hi all,

 

Can anyone explain what CPUTR 2008 is please or point me to a link that will? Is this the same as an in dispute letter after not recieving a cca on request? My request cant currently be complied with.

Someone kindly pointed me in the direction of one but i didnt like to ask any questions as they had already been very helpful and was scared of outstaying my welcome.

 

(thanks BD, you were a great help though )

 

Many thanks

[victoria_siempre]

Hi minmoo

 

I'm not an expert; haven't got that far yet.

 

 

It is not possible to outstay your welcome here.

 

x

 

v

Edited January 24, 2011 by MARTIN3030
Thank you vs but this link is not really the best one to address the ops question

[MARTIN3030]

The Consumer Protection from Unfair Trading Regulations 2008

 

 

The Consumer Protection from Unfair Trading Regulations 2008, came into force on 26 May 2008 and introduced new rules for ‘business to consumer’ sales.

 

The Regulations implement the European wide 'Unfair Commercial Practices Directive' (2005/29/EC)

 

There is an outright ban on 31 specified unfair trade practices in the following areas:-

 

 

 

• Falsely claiming accreditation
  
• Price claims
  
• Product / Service information
  
• Promotional activities
  
• Competitions and prize draws
  
• Sales methods
  
• After sales service
  

In addition the following practices will be banned if they unfairly affect a consumer's buying decision:-

 

 

 

• Misleading Actions
  
• Misleading Omissions
  
• Pressure Selling (including aggressive selling)
  

Finally there is a general ban on any other 'unfair commercial practice'.

 

This is intended to deal with any unfair trading practice that is not dealt with specifically by the Regulations.

 

Here are some typical examples of unfair trading practices - now banned.

 

False prize draw

 

Letters headed 'Official Payout Notification' telling people they were guaranteed to win a prize. You have to ring a hotline to claim. You have to listen to the whole message to find out if they had won a prize. The call costs £6. You are instructed to write in with your claim. Thousands of people have doneathis, but it appears none have received a price.

 

An Authority brought a prosecution in this case under previous legislation, but it will be simpler, cheaper and quicker to take action under the regulations.

 

Aggressive doorstep selling

 

A doorstep salesman scares elderly people into buying a burglar alarm system.

 

There was a variety of legislation in this area, but it was inadequate because, unlike the new regulations, it does not cover the inherent unfairness and aggressive nature of the sales technique. The new regulations will combat the pressure sales element of certain doorstep sales, which before did not currently constitute a breach of the law.

 

 

Misleading omissions

 

A consumer contacts a trader about digital television reception in his home. The trader visits and offers to supply him with a new arial without making it clear that his old arial was perfectly suitable to receive digital signals.

 

Not providing consumers with material information to allow them to make an informed choice is prohibited under the new regulations.

[MARTIN3030]

Minmoo-You do not say what exactly your issues are,there is recourse under the CCA itself for breach.

More about CPUT here

 

http://www.oft.gov.uk/business-advice/treating-customers-fairly/protection

[victoria_siempre]

Hi martin

 

Censorship has its place (Last edited by MARTIN3030; Today at 13:46. Reason: Thank you vs but this link is not really the best one to address the ops question ), but I interact with minmoo who would have understood the sub-text of my link.

 

However my CAG account is not in dispute.

 

x

 

v

Edited January 24, 2011 by victoria_siempre
clarity

[minmoo]

Sorry, i didnt mean to scrimp on details. Its just that i do have a thread going in the mbna section and didnt want to start posting threads willy nilly about the same thing.

 

Basically, i requested cca, the reply was we cant currently comply etc but if i speak to them they just want me to take an unsecured loan with another company they know well.

 

So then i was pointed in the direction of CPUTR 2008 but i needed to research it as i hadnt got a clue!

[MARTIN3030]

The OP asked for information about CPUT.

The link that was posted,is concerned with an ind article that discusses the writers experiences.

As well as being biased,it fails to give an overview of what CPUT is about,and that is the reason I posted the link from the official resource.

It has nothing to do with censorship,more in consideration that others who are attracted to the thread,by virtue of the thread title,will be able to have an overview,rather than having to make rational understandings of an external article.

[victoria_siempre]

Hi martin

 

Point taken.

 

Mea culpa.

 

x

 

v

[MARTIN3030]

Sorry, i didnt mean to scrimp on details. Its just that i do have a thread going in the mbna section and didnt want to start posting threads willy nilly about the same thing.

 

Basically, i requested cca, the reply was we cant currently comply etc but if i speak to them they just want me to take an unsecured loan with another company they know well.

 

So then i was pointed in the direction of CPUTR 2008 but i needed to research it as i hadnt got a clue!

 

From what you say,if it is the case that you are being encouraged to take out additional lending which is not of any benefit,or is likely to increase your problems,then this is clearly unfair business practice,and also against OFT guidelines.

My immediate thoughts are that this is something that would be covered under the Lending Codes-which replaced the old BBA codes.

[MARTIN3030]

The key commitments are ;

 

• Subscribers will make sure that advertising and promotional literature is fair, clear and not misleading and

that customers are given clear information about products and services.

 

• Customers will be given clear information about accounts and services, how they work, their terms and

conditions and the interest rates that apply to them.

 

• Regular statements will be made available to customers (if appropriate). Customers will also be informed

about changes to the interest rates, charges or terms and conditions.

 

• Subscribers will lend money responsibly.

 

• Subscribers will deal quickly and sympathetically with things that go wrong and act sympathetically and

positively when considering a customer’s financial difficulties.

 

• Personal information will be treated as private and confidential, and subscribers will provide secure and

reliable banking and payment systems.

 

• Subscribers will make sure their staff are trained to put this Code into practice.

[MARTIN3030]

Section 4: Credit assessment

 

43. Before lending any money; granting or increasing an overdraft, or other borrowing, subscribers should assess whether

the customer will be able to repay it.

 

Personal customers

 

44. For personal customers, this assessment should include consideration of information from CRAs plus at least one of

the following three points:

 

• The customer’s income and financial commitments.

 

• How they have handled their finances in the past.

 

• Internal credit scoring techniques.

 

Additional useful considerations could include:

 

• any security provided; and

 

• why the customer wants to borrow the money and for how long.

[MARTIN3030]

http://www.lendingstandardsboard.org.uk/docs/lendingcode.pdf

[minmoo]

Thank you everyone. Martin, i can see where you have highlighted in red how that affects me. Thank you so much for the links. I will have a proper read this evening

[Tingy]

Here are two bits of CPUTR I find helpful with regards to CCA requests, especially post Carey:

 

 

The Consumer Protection from Unfair Trading Regulations 2008, Regulation 5, which states that a commercial practice is a misleading action if it contains false information in relation to the main characteristics of the product (amongst other matters) and is likely therefore to cause the average consumer to take a transactional decision he would not have taken otherwise. The product in question is the credit agreement and the main characteristics include the ‘execution of the product’ [Regulation 5(5)(d)].

 

 

 

 

 

"In light of the complete absence of any enforceable documentation, I am concerned over xxxxxx'x persistent attempts to pursue payment on an unsubstantiated debt in defiance of OFT guidelines and the Consumer Protection from Unfair Trading Regulations (CPUTR) 2008 by now passing “instructions” and personal data to yourselves. According to your letter these are in fact instructions from instructions, from your client’s clients, leaving me to assume that neither your client nor your client’s clients have actually informed you of the facts surrounding the unsubstantiated debt that they have instructed you to pursue and it’s current legal unenforceability under The Consumer Credit Act 1974; sec 127 (3). I have also assumed that your clients have also failed to mention my recent request for confirmation under CPUTR (2008) on xx/xx/xx either; a request that remains outstanding to this day due to the reluctance of your clients to provide an answer one way or the other.

 

Under the circumstances, should you now decide to accept “instructions” from your client or your client’s clients in the continued absence of any enforceable documentation from anyone at all and/or fail to confirm upon request whether you, your client (xxxxxxxx) or your client’s clients (xxxxxxxxx) currently hold or have ever held a properly executed Consumer Credit Agreement (Consumer Credit Act, 1974) in your/their possession under the Consumer Protection from Unfair Trading Regulations (CPUTR) 2008, then you, your clients and your client’s clients will be falling foul of ss.5(2), 3(b), 6 and 7, their actions/activities will be added to existing complaints and your company will be reported to the Solicitors’ Regulatory Authority without any further notice.

 

It would appear that xxxxxxxxx have already breached CPUTR (2008) anyway by failing to confirm or deny their possession of such an Agreement when requested to do so on xx/xx/xx (by recorded delivery) and passing “instructions” to you regardless.

 

Please therefore take note that this letter serves as an additional formal request under the Consumer Protection from Unfair Trading Regulations (CPUTR, 2008) for written confirmation as to whether xxxxxxx (solicitors), xxxxxxxxxxx, and/or xxxxxxxxxx currently hold or have ever held a properly executed Consumer Credit Agreement in your/their possession pertaining to myself and if not, to kindly confirm so in writing.

[minmoo]

Thats a beast Tingy. Having read that am i right in assuming that is for a DCA and not the OC?

[Tingy]

Yep!

[citizenB]

Almost certainly against OFT debt Guidelines as well, encouraging extra borrowing. I imagine they would also want to secure any further borrowing against property !

[minmoo]

Almost certainly against OFT debt Guidelines as well, encouraging extra borrowing. I imagine they would also want to secure any further borrowing against property !

 

Initially that was the case but now they claim it is unsecured with a company they are close with called 'approvals' (cant find anything about them).

 

Question is, why would i want to shift from an unenforcable debt (no cca at the moment) to one with a freshly signed agreement?

 

Any good answers on a postcard please

[questioner]

Does anyone have a template relating to CPUTR 2008 that specifically targets the following typical scenario:

 

A bank or DCA has been aggressively pursuing an alleged debt for some time.

 

The copy agreement previously given under the CCA 1974 does not hold hold legally prescribed terms or perhaps signatures.

 

What should one be saying to the shark about the CPUTR 2008 herein...?

 

 

Does the following cut it?

 

Dear xxx

 

This is a FORMAL REQUEST under the Consumer Protection from Unfair Trading Regulations 2008 for written confirmation as to whether your company currently hold or have ever held a properly ‘executed’ Consumer Credit Agreement (holding all signatures and prescribed terms) in their possession relating to the alleged debt and if not, to confirm this in writing.

 

 

 

Help to tidy this one up/make more dynamic would be appreciated...

 

I am sure many other posters are seeking similar. I wish to hit many firms with this one when completed.

 

 

PS I am happy for my post to be placed elsewhere if necessary.

Edited May 22, 2011 by questioner

[Tingy]

In addition to what I posted just a few threads ago, aggressive practices are covered under this section, Part Two Subsection 1. I've pasted the rest of the section in case any of it is relevant to your situation. (Continued below this quote from CPUTR) and yes, make sure you ask if they could provide a signed copy of the true/original agreement:

 

Aggressive commercial practices

 

This section has no associated Explanatory Memorandum

7.—(1) A commercial practice is aggressive if, in its factual context, taking account of all of its features and circumstances—

(a)it significantly impairs or is likely significantly to impair the average consumer’s freedom of choice or conduct in relation to the product concerned through the use of harassment, coercion or undue influence; and

(b)it thereby causes or is likely to cause him to take a transactional decision he would not have taken otherwise.

(2) In determining whether a commercial practice uses harassment, coercion or undue influence account shall be taken of—

(a)its timing, location, nature or persistence;

(b)the use of threatening or abusive language or behaviour;

©the exploitation by the trader of any specific misfortune or circumstance of such gravity as to impair the consumer’s judgment, of which the trader is aware, to influence the consumer’s decision with regard to the product;

(d)any onerous or disproportionate non-contractual barrier imposed by the trader where a consumer wishes to exercise rights under the contract, including rights to terminate a contract or to switch to another product or another trader; and

(e)any threat to take any action which cannot legally be taken.

(3) In this regulation—

(a)“coercion” includes the use of physical force; and

(b)“undue influence” means exploiting a position of power in relation to the consumer so as to apply pressure, even without using or threatening to use physical force, in a way which significantly limits the consumer’s ability to make an informed decision.

 

 

 

 

 

In the next bit the 2nd link may be better than the first!

 

In terms of prescribed terms I'd use both the bit from CPUTR quoted a few posts ago by me, and pick bits from pages 3-10 of the OFT Debt Collection Guidance.

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

and also from this released just last year: http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

Edited May 22, 2011 by Tingy

[BillyTommo]

I thought that things had changed now in relation to challenging the enforceability of any agreement? I have been looking at posts relating to the situation(s) I find myself in and then trying to figure out a way to go. Then I look at the date of the post and wonder whether what I have just read has any relevance any more! Can anyone clarify the situation and what it means as far as options go?

[Tingy]

You might be surprised. There have been an increasing number of court cases this year where incorrect reconstituted agreements have been successfully challenged by the debtor and courts have ruled in favour of the debtor. They are still by far in the minority, but they are increasing and financial institutions are going to learn fairly swiftly that they are going to need to supply more accurate reconstitutions.

[victoria_siempre]

Hi Billy

 

To reinforce Tingy's comments, there are multiple laws and regulations that protect us as consumers but which carry no penalty for their non-observance per se; in the alternative, once one was taken to court one might adduce these.

 

x

 

v