Trading Standards / Consumer Law

Frank Wilson
Frank Wilson Posts: 930
edited July 2013 in The cake stop
Any body here work in this field, looking for a bit of guidance / knowledge.

Comments

  • ballysmate
    ballysmate Posts: 15,930
    Not working in the field will not stop us giving an opinion. :lol:
    Go on then. Give us a clue.
  • estampida
    estampida Posts: 1,008
    i did a law module as part of my degree like most other engineers

    spill the beans and someone will have a suitable answer........
  • essexian
    essexian Posts: 187
    The experts:

    http://www.citizensadvice.org.uk/consumer_service

    The Citizens Advice consumer service provides free, confidential and impartial advice on consumer issues. For enquiries about other issues, please check our other advice services.

    Call the Citizens Advice consumer helpline
    To get information or advice, call the Citizens Advice consumer helpline on 08454 04 05 06.

    You can talk to a Welsh-speaking adviser on 08454 04 05 05.

    The helplines are open Monday to Friday 9.00am to 5.00pm.


    Disclosure: I work for Citizens Advice.
  • -spider-
    -spider- Posts: 2,548
    essexian wrote:
    The experts:

    http://www.citizensadvice.org.uk/consumer_service

    The Citizens Advice consumer service provides free, confidential and impartial advice on consumer issues. For enquiries about other issues, please check our other advice services.

    Call the Citizens Advice consumer helpline
    To get information or advice, call the Citizens Advice consumer helpline on 08454 04 05 06.

    You can talk to a Welsh-speaking adviser on 08454 04 05 05.

    The helplines are open Monday to Friday 9.00am to 5.00pm.


    Disclosure: I work for Citizens Advice.


    I contacted Citizens Advice about a consumer issue a few years ago and they weren't interested at all. Not their field apparently. Sent me to trading standards in the Council.
    -Spider-
  • essexian
    essexian Posts: 187
    -spider- wrote:
    essexian wrote:
    The experts:

    http://www.citizensadvice.org.uk/consumer_service

    The Citizens Advice consumer service provides free, confidential and impartial advice on consumer issues. For enquiries about other issues, please check our other advice services.

    Call the Citizens Advice consumer helpline
    To get information or advice, call the Citizens Advice consumer helpline on 08454 04 05 06.

    You can talk to a Welsh-speaking adviser on 08454 04 05 05.

    The helplines are open Monday to Friday 9.00am to 5.00pm.


    Disclosure: I work for Citizens Advice.


    I contacted Citizens Advice about a consumer issue a few years ago and they weren't interested at all. Not their field apparently. Sent me to trading standards in the Council.

    Citizens Advice now run what was Consumer Direct. The phone number above is a direct link to this specialist part of the organisation and not a bureau. If they can't help, then no one can (and they can refer you on to Trading Standards if the enquiry ccould result in legal enforcement being taken against the trader).
  • Frank Wilson
    Frank Wilson Posts: 930
    essexian wrote:
    -spider- wrote:
    essexian wrote:
    The experts:

    http://www.citizensadvice.org.uk/consumer_service

    The Citizens Advice consumer service provides free, confidential and impartial advice on consumer issues. For enquiries about other issues, please check our other advice services.

    Call the Citizens Advice consumer helpline
    To get information or advice, call the Citizens Advice consumer helpline on 08454 04 05 06.

    You can talk to a Welsh-speaking adviser on 08454 04 05 05.

    The helplines are open Monday to Friday 9.00am to 5.00pm.


    Disclosure: I work for Citizens Advice.


    I contacted Citizens Advice about a consumer issue a few years ago and they weren't interested at all. Not their field apparently. Sent me to trading standards in the Council.

    Citizens Advice now run what was Consumer Direct. The phone number above is a direct link to this specialist part of the organisation and not a bureau. If they can't help, then no one can (and they can refer you on to Trading Standards if the enquiry ccould result in legal enforcement being taken against the trader).

    To be honest you can't get past CAB to talk to specialist Trading Standards people. All they do now is give you procedure to do yourself, they won't or at least don't appear to want to act on your behalf as they have in the past.
  • essexian
    essexian Posts: 187
    Hi

    As I said, this is not a bureau but a specialist agency set up to provide advice and assistance in the consumer field. It is funded directly by Government and not like bureau, mostly by the local council.

    Please do not confuse it with a bureau who will assist if you require such or, if you can self help like the majority of people can, then will provide Assisted Information.

    If your enquiry requires input from Trading Standards, and very few do, then the Consumer Service highlighted above will be able to refer you to them.
  • Frank Wilson
    Frank Wilson Posts: 930
    essexian wrote:
    Hi

    As I said, this is not a bureau but a specialist agency set up to provide advice and assistance in the consumer field. It is funded directly by Government and not like bureau, mostly by the local council.

    Please do not confuse it with a bureau who will assist if you require such or, if you can self help like the majority of people can, then will provide Assisted Information.

    If your enquiry requires input from Trading Standards, and very few do, then the Consumer Service highlighted above will be able to refer you to them.

    You have hit the nail on head Essexian "be able to refer you to them"

    But they won't, the normal person in the street can not get to speak to trading standards leaving the "self help" route as you put it. But in the self help route I have loads of questions to which I have not been given a clear answer.

    "Do I go for the trader or the finance company?
    You could go for either
    Yes but which one
    You could go for either
    Yes but is their a correct procedure / order
    You could go for either"

    So I am left with the choice of a small claims court in which I have no experience, a solicitor or a no win no fee (probably big fee at the end)

    The point I am trying to make is that one call from trading standards to the trader may be more powerful than anything I can do but I, as the general public am at the mercy of the CAB and can not get to speak to Trading Standards.
  • essexian
    essexian Posts: 187
    Sorry Frank, but the answers you were given, may very well be correct: I don't know what your enquiry is but based upon the answers given, I can have a reasonable guess.

    In some areas, there is nothing stopping you from phoning Trading Standards directly: each TS has its own policies as they are funded by local councils and not centrally.

    I am still unclear whether you have phoned Consumer Services. If you haven't, then please do. They are the experts.

    Finally, are you actually certain that Trading Standards will be able to assist you? My local Trading Standards do not appear to cover the area you would like assistance with. This is their link

    http://www.staffordshire.gov.uk/busines ... /home.aspx
  • Monty Dog
    Monty Dog Posts: 20,614
    If you paid by credit card and the purchase was less than 6 months ago, try your card company - they will prosecute a claim on your behalf. Typically they'll issue you a refund and go after the trader concerned.
    Make mine an Italian, with Campagnolo on the side..
  • Frank Wilson
    Frank Wilson Posts: 930
    In an nutshell we purchased a kitchen based on the verbal and visual demonstration, in our home, of the cabinets, which were a lot better made / solid than the ones we had seen elsewhere. However when said kitchen arrived the cabinets were not as described / shown (sales rep carries a demonstration cupboard with him, but were the same as any from any of the sheds.

    I intially went back to the company and asked for something to be done but was fobbed off.

    I contacted the number advertised as Trading Standards and got through to CAB who said they were the correct people to speak to and could refer to Trading Standards, however this option was not given to me.

    I was told to write to the company concerned and also the finance company.

    I sent a special delivery letter to the company, which was recieved, but they didn't botherv to answer. The finance company sent me a stock "We will look into it for you but 5 telephones calls to the chap who wrote me only meet with his voice mail and no return call.

    We have bought on a pay over 12 months, no interest scheme. Our initial deposit was through our credit card but this was January, so maybe the 6 months may be up, I will check. There was also a problem with a bespoke cabinet which we had ordered, was promised but on delivery didn't marerialise. On enquiry they said it could not be done.

    Tio my mind they have sold us cupboards not as described and also breach of contract on the bespoke cupboard.

    Now before anybody says "you should not have accepted the kitchen, we were not in our kitchen fitter signed for it, also when you have been without a kitchen for a spell the last thing you want to do is turn it away and then have the nightmare of trying to get your deposit back and starting over with another company.

    So in short, anybody got any solid advice on my next move?

    Frank.
  • Frank Wilson
    Frank Wilson Posts: 930
    essexian wrote:
    Sorry Frank, but the answers you were given, may very well be correct: I don't know what your enquiry is but based upon the answers given, I can have a reasonable guess.

    In some areas, there is nothing stopping you from phoning Trading Standards directly: each TS has its own policies as they are funded by local councils and not centrally.

    I am still unclear whether you have phoned Consumer Services. If you haven't, then please do. They are the experts.

    Finally, are you actually certain that Trading Standards will be able to assist you? My local Trading Standards do not appear to cover the area you would like assistance with. This is their link

    http://www.staffordshire.gov.uk/busines ... /home.aspx

    There is, all calls are intercepted by CAB and they won't let you past.
  • simonhead
    simonhead Posts: 1,399
    You have a few options and don't need to go down the route of no win no fee. Firstly you need to write to the kitchen company telling them they must resolve the matter within 14 working days otherwise you will start legal proceedings. You need to quote the sale of goods act I think - look at the watchdog website as this should have the info you need. A copy needs to also go to the finance company stating you will hold them equally responsible should the issue not be resolved. If you get no response or an unsatisfactory resolution within the 14 days you then need to then write again informing you are taking legal action (again copy the finance company).
    Life isnt like a box of chocolates, its like a bag of pic n mix.
  • estampida
    estampida Posts: 1,008
    nothing signed? verbal contracts are only legal in scotland

    and you need to know if sales was an agent or a rep for the company

    if he is a 3rd party you have had it..........
  • Rockhopper
    Rockhopper Posts: 503
    estampida wrote:
    nothing signed? verbal contracts are only legal in scotland

    and you need to know if sales was an agent or a rep for the company

    if he is a 3rd party you have had it..........

    A verbal contract (anywhere in the UK) is as legally binding as a written one - the difficulty is proving what was said.

    http://www.adviceguide.org.uk/england/c ... riting.htm

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