Graham Hill Reveals The Power Of The Unfair Trading Regulations
Friday, 11. March 2016
In a recent newsletter I promised to reveal the power of some regulations that few consumers are aware of and many providers of goods to consumers abuse. They are called the Unfair Trading Regulations (2008). They regulates 5 main categories of potential unfair business practices. Additionally in 2014 amendments were made to the regulations that gave consumers greater rights of redress.
More specifically if the consumer was the subject of misleading action, i.e. if a false statement was made by the seller or if he used aggressive selling techniques, he was entitled to take the following action: 1. Undo the contract, 2. Insist on a discount on the price paid, 3. Seek damages. So this legislation is quite tough. In the case of cars here are the five main categories of potential unfair business practices:
1. Giving false information either verbally, visually or in writing, for example if the vehicle’s specification is misrepresented and/or its service history, length of MOT, mileage, number of previous owners etc. at any time either before, during or after the transaction.
2. Giving too little information, omitting or hiding important information. e.g. having a check carried out on the vehicles mechanical condition but failing to mention the check and the results. Failing to mention the results of any history and mileage checks or (and this is a good one) failing to draw the customer’s attention to key elements of any warranty, for example what the warranty covers, the claims limits, excess and conditions of use.
3. Acting aggressively e.g. using high pressure selling techniques to sell the vehicle, finance or warranty.
4. This is a good old English law statement ‘Failing to act in accordance with reasonable expectations of what’s acceptable.’ No I don’t know either!
5. There is a ban of 31 specific practices, no I won’t list them all just a few important ones such as falsely claiming to be a signatory to a Code of Practice, falsely claiming to be approved, endorsed or authorised by a public or private body. And here is a great one: falsely stating that a vehicle will only be available for a very limited time in order to elicit an immediate decision to buy.
I have illustrated the law as it applies to vehicles but they are equally applicable to anything you buy. Be it a TV, three piece suite etc. Now I bet you didn’t know that? By Graham Hill
