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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

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