Consumer Protection from Unfair Trading Regulations NOW IN F

by **Fred 2** on Mon May 26, 2008 2:03 pm

This has taken three years to arrive but is in force from TODAY. Unfortunately it does not apply retrospectively.

Perhaps this is the beginning of the end.

One valuable point is that even if a trader tells the LITERAL TRUTH but in a manner calculated to confuse or mislead the buyer, this is against the regulations.

There are 31 absolute prohibitions, the following being particularly relevant to Holiday Club sales:-

6. Limited time only
Falsely stating that a product will only be available for a very limited time, or that it will only be available on particular terms for a very limited time, in order to elicit an immediate decision and deprive consumers of sufficient opportunity or time to make an informed choice.

25. Forcing the sale
Creating the impression that the consumer cannot leave the
premises until a contract is formed. � e.g.

A holiday company advertise sales presentations at hotels. During the
presentations, intimidating doormen are posted at all the exits, creating
the impression that the consumers cannot leave before buying. This
would breach the CPRs.

Brief details in this leaflet produced for guidance to traders
http://www.oft.gov.uk/shared_oft/busine ... oft979.pdf

More comprehensive information here. Why this is still presented as 'provisional' I do not know, as the regulations are in force:-
http://www.oft.gov.uk/shared_oft/busine ... 931int.pdf

I cannot find any guidance on penalties, but sanctions are to be both civil and criminal.

by **FullMonty** on Mon May 26, 2008 3:04 pm

It is also an offence to claim to be a signatory to a Code of Conduct when this is not the case.(ie. ABTA or ATOL) or claiming to be members of a respected organisation when they are not. This may apply to organisations like RCI.

You may also care to note that it is the consumers view of a situation will be taken as being the truth of that situation, not the view of the trader.

I would think that unless the sales spiel at most places have changed then most of them will be illegal from now on.

This may or may not help with OFT and local trading standards people - but it ought to help with claiming clawback off credit card companies and remember these regulations are European-wide.

by **tsuser** on Mon May 26, 2008 5:33 pm

If the new regulations are enforced throughout the EU it will be a great start. Unfortunately I suspect that will be a big IF. Spanish authorities in particular seem to have taken little active interest where foreign nationals are ripped off.

by **FullMonty** on Mon May 26, 2008 7:09 pm

It is easy to blame the Spanish government for foreign nationals who are being ripped off (generally by their own nationals - in fact we are not all that much better in this country.

by **HW Jan.C** on Mon May 26, 2008 7:16 pm

Well as far as I am concerned this is a step in the right direction, so lets just see if things change for the better.
Jan

by **dee2** on Tue May 27, 2008 8:44 am

Can anyone clarify. I thought these regulations were already in force in Spain and perhaps some other EU countries. Is it correct that they are now in force from today in the UK to harmonise with these other countries?

by **FullMonty** on Tue May 27, 2008 1:06 pm

Certainly they are European wide and they should have been implemented in Spain at least by now.

Whilst I do speak some Spanish I am afraid it is not good enough to sort out whether they are in force!

by **tsuser** on Tue May 27, 2008 2:19 pm

Fullmonty,

The difference between Spanish and UK authorities is that the UK authorities don't seem to care even when UK nationals are being ripped off :-(

!!

by **stez** on Tue May 27, 2008 11:05 pm

Fred 2

Thanks for your posts.

I was asked to write to you find out full details of the Spanish Doorstep Selling law. I was 'done' last year in Majorca and was advised to fire the details back to the company in order to get a full refund.

I assume all the details are on your latest post but is there any point in using if the law is not retrospective?

Regards.

Stez

by **axolotyl** on Fri Jul 04, 2008 8:28 pm

we are still fighting to get our money returned from we sell your timeshare. Have now contacte dthe timeshare consumer concil and have been told in their words that this company along with several others are "crooks". We paid our money to them with a credit card, and have been told that the cerdit card company are legally obliged to get our money back. Otherwise we go to the financial ombudsman, so having written two letters to the credit card company and been told both times they can't help us we are now sending a third letter and stating that if they do not help we are going to the ombudsman which will not cost us but will apparently cost them. So we wait and see what happens next.