How to get enforcement under CPUT 2008?

[ssett]

EU court said that various member countries should bring about a change so that individuals could use The Consumer Protection from Unfair Trading Regulations 2008. Has this happened yet or is the only course of action reporting it to Trading Standards via CAB and hoping they will contact you about it?

Or can you bring a case in the Small Claims Courts and use that law for yourself?

[Kraken1]

pretty much no to all of the above. That said, there may be other causes of action open to you in tort or contract depending on the circumstances.

 

What is the problem?

[ssett]

Kraken1 thanks for reply, pretty sure the company did this:

"The list of banned practices include the following:

Bait advertising Luring the consumer with attractive advertising around special prices when the trader knows that he cannot offer that product, or only has a few in stock at that price."

I ordered some items with a special discount but found that they were 'not available and could not be sourced for many months'. Yet on investigation I have proof that is NOT true.

They have worded the T&C as to start of contract as to actual dispatch of goods. However, they say if they provide 'services' that starts the contract.

My argument would be that the contract is in force because they engaged special employees in the company to investigate the matter and hence provide a 'service' to me regarding the order. Would this be a valid argument against 'no contract until date to deliver' type T&C? And hence Breach of Contract?

I want the goods at the price offered and put in order and paid for (they cancelled it despite me saying I want them to get them) and they have only ever stated in email that they are 'unavailable' which is NOT true. So clearly this is offence against the CPUT 2008 for a start

[MaxxPower]

Is that a long winded way of saying you ordered something for a low price on a website and they then later cancelled the order?

 

If so then there's nothing you can do really besides report them to Trading Standards if you believe they're trying to falsely advertise. This kind of thing happens all the time with online stores accidentally putting up lower prices than they intended, and it almost always results in the orders being cancelled.

[Kraken1]

If all this has cost you is inconvenience and irritation then your only recourse is to complain to trading standards. And name and shame and don't shop there again.

 

As to whether a contract exists this can be quite technical and troublesome - what they say is only one small bit of the picture - it is what they do that counts. Usually you will need them to take the money off you and acknowledge the contract in some way. Going down this route is a bit of a lottery.

[ssett]

MaxxPower "This kind of thing happens all the time with online stores accidentally putting up lower prices than they intended, and it almost always results in the orders being cancelled."

Isn't that what the CPUT is for? To prevent the misleading of customers? If they can't supply at the price they shouldn't put the advert on.

 

Kraken1, it has cost me a great deal of inconvenience and trouble and it seems like the CPUT is being flouted by many companies if MaxxPower is correct. If the UK consumer cannot do anything apart from report to TS and merely hope something will be done to prevent these illegal activities (despite the fact the EU state we as consumers should have power), then that law is toothless for all intents and purposes!

[MaxxPower]

The rules aren't being flouted by any means, otherwise we'd be hearing about this a lot more.Sometimes however a genuine mistake happens.

These prices are usually typed in by hand, so it's only natural that somewhere along the lines someone will eventually make a mistake and an incorrect price will be shown due to a . being in the wrong place, or the wrong number being pressed. Are you saying that these companies should be prosecuted for people making an honest typing error that results in nothing more than minor annoyance/inconvenience for a few people who think they've found the bargain of the century?

[ssett]

No MaxxPower, of course that is not what I am saying.

 

My situation is entirely different

[Kraken1]

I think some dodgy outfits do set out to rip folk off, but this isn't widespread. Trading Standards will go for these people but they need lots of complaints in order to do so. the sad fact is that they can't prosecute everyone - they don't have the resources. Until that is addressed some folk will get away with it. In the interim they will prioritise and go for the businesses that cause the greatest harm or where they get the greatest numbers of complaints.

 

So, complain, and something could happen. Keep silent and nothing will.