Buy with Confidence - Trading Standards Institute
Buy with Confidence - Trading Standards Institute
Buy with Confidence - Trading Standards Institute
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Dear Deidre,<br />
I am a business in Brighton & Hove and have<br />
just received a proof for a flyer that I am<br />
going to distribute to advertise my business.<br />
The flyer has a number of different wooden<br />
tables shown on the picture and a statement<br />
saying all this for £500. There is an asterix<br />
by this statement. The asterix relates to a<br />
statement in small writing at the bottom of<br />
the page saying that the offer only applies to<br />
pine tables, the other tables shown in the<br />
picture are more expensive. There are no<br />
pine tables shown on the picture.<br />
Under the Consumer Protection from<br />
Unfair <strong>Trading</strong> Regulations 2008 it is a<br />
criminal offence to make a misleading<br />
statement that would effect a consumer’s<br />
decision to buy goods or services. It could<br />
be argued that making a statement like<br />
‘all this for £500’ when none of tables<br />
shown in the picture are £500 would be<br />
construed as misleading despite there<br />
being a disclaimer at the bottom. Legally<br />
disclaimers should be as bold, precise and<br />
compelling as the description they are<br />
aiming to nullify.<br />
Dear Deidre,<br />
I have just received an e-mail from HM<br />
Revenue & Customs (HMRC) regarding a tax<br />
rebate and to complete an online form to<br />
receive a rebate of tax. This sounds too<br />
good to be true.<br />
customers of tax rebates by way of<br />
e-mails or invite them to complete online<br />
forms to receive tax rebates. Do not visit<br />
the website contained in the e-mail or<br />
disclose any personal information. If<br />
you receive an email from HMRC which<br />
you think may be a hoax forward it to<br />
phishing@hmrc.gsi.gov.uk.<br />
Dear Deidre,<br />
I have ordered building materials from a<br />
f irm which has now gone into<br />
administration, leaving me out of pocket<br />
what can I do?<br />
Due to the credit crunch a number of<br />
businesses are closing down, leaving<br />
customers high and dry when things go<br />
wrong. To begin <strong>with</strong> you should take the<br />
following steps:<br />
• Has an administrator been appointed?<br />
look on the company’s website, or in<br />
the press<br />
• If so, write to them and log your claim<br />
attaching any copies of paperwork.<br />
• If your claim relates to individual<br />
items which were purchased for over<br />
£100 (but not more than £30,000),<br />
and a portion or all of the amount<br />
was paid for using a credit card, then<br />
you may have an “equal liability” claim<br />
against the credit card firm. Write to<br />
the credit card company <strong>with</strong> copies<br />
of paperwork stating that they are<br />
“equally liable” under section 75 of the<br />
Consumer Credit Act 1974. NB. This<br />
only applies to consumer not business<br />
transactions<br />
• If you purchased goods using a Visa<br />
debit card or a Mastercard debit card,<br />
contact your bank to see if you are<br />
able to be refunded under a Charge<br />
Back Scheme. You need to contact<br />
your bank <strong>with</strong>in 120 days of realising<br />
.that there is a problem. However,<br />
it is merely a scheme, and unlike<br />
purchases made using a credit card<br />
there is no legal obligation for the<br />
bank to act.<br />
8<br />
<strong>Buy</strong> <strong>with</strong> <strong>Confidence</strong> Contact Details:<br />
fran.evans@brighton-hove.gov.uk<br />
donna.lynsdale@brighton-hove.gov.uk<br />
Fran Evans: 01273 293340<br />
Donna Lynsdale: 01273 292494<br />
www.tradingstandards.gov.uk/brighton-hove www.buy<strong>with</strong>confidence.info