Consumer Protection from Unfair Trading Regulations 2008

brianposter

Has anyone used the Consumer Protection from Unfair Trading Regulations 2008 to make a claim ?  Are there any pitfalls ?

I am thinking of making a claim for a car hire which was not consistent with the booking.

shaun_from_Africa

If what you book differed from what was supplied then the Consumer Rights act would probably be of more use.
What exactly was the problem?

brianposter

shaun_from_Africa said:

If what you book differed from what was supplied then the Consumer Rights act would probably be of more use.
What exactly was the problem?

The problem was with the dates booked for the hire.

The Regulations appear to have certain advantages - you do not have to demonstrate a loss and there is no argument about which contract is valid.

bris

You still haven't said what the problem was, drip feeding isn't going to solve your problem.

Did you make a mistake with the dates? What was unfair about the contract?

unholyangel

brianposter said:

shaun_from_Africa said:

If what you book differed from what was supplied then the Consumer Rights act would probably be of more use.
What exactly was the problem?

The problem was with the dates booked for the hire.

The Regulations appear to have certain advantages - you do not have to demonstrate a loss and there is no argument about which contract is valid.

The CPRs is criminal legislation - not civil. That is why it only talks about offences and penalties and doesn't mention breach or damages. 

It is focused on the trading practice of the trader when selling to consumers in the general sense, rather than any one specific contract between the consumer & trader. That is why there is no argument about loss or which contract is valid. 

brianposter

bris said:

You still haven't said what the problem was, drip feeding isn't going to solve your problem.

Did you make a mistake with the dates? What was unfair about the contract?

They insisted on providing a car for a shorter period than that for which they had accepted the booking.

k3lvc

brianposter said:

bris said:

You still haven't said what the problem was, drip feeding isn't going to solve your problem.

Did you make a mistake with the dates? What was unfair about the contract?

They insisted on providing a car for a shorter period than that for which they had accepted the booking.

Drip, drip, drip
So it wasn't available when you arrived ? Or they wanted it back sooner ? Are we talking hours/days ? In UK or abroad ? Any extenuating circumstances (Covid) ? How did you pay ?

brianposter

unholyangel said:

The CPRs is criminal legislation - not civil. That is why it only talks about offences and penalties and doesn't mention breach or damages. 

 

The regulations apparently do mention damages. (Edited to add that the following provisions were added in the 2014 amendment to the regulations.)

Consumers' rights to redress

In addition to the criminal offences created by a breach of the provisions described above, the Regulations also provide consumers with rights to redress enforceable through the civil courts.

..................................................................................................................

Right to a discount

This right applies where the right to unwind has been lost. This may be because of a delay in complaining or because the goods have been fully consumed. For goods and services costing less than £5,000 there is a fixed-percentage discount ranging from 25% for more than minor issues to 100% for very serious cases.

Above £5,000, if the misleading or aggressive practice led the consumer to pay more than the market price for the product, the price is reduced to the market price. Otherwise, the fixed-percentage discounts will still apply. A consumer may also claim a discount instead of unwinding a contract where the right to unwind still exists but the consumer does not wish to end the contract. 

Damages

Consumers can claim damages if they have suffered reasonably foreseeable losses that exceed the price paid for goods, digital content and services. These damages can cover alarm, distress, physical inconvenience or discomfort as well as economic losses suffered as a result of the prohibited practice. Damages may be claimed in addition to unwinding the contract or claiming a discount. Damages are not payable if the trader can establish that the prohibited practice occurred due to a mistake, reliance on information supplied to the trader by another person, the act or default of another person, an accident or some other cause beyond the trader's control and the trader had taken all reasonable precautions and exercised all due diligence to avoid the prohibited practice occurring.

brianposter

k3lvc said:

Drip, drip, drip
So it wasn't available when you arrived ? Or they wanted it back sooner ? Are we talking hours/days ? In UK or abroad ? Any extenuating circumstances (Covid) ? How did you pay ?

It is usually appropriate to ensure that transactions are not readily identifiable when posting on public boards.

In UK.

davidmcn

brianposter said:

k3lvc said:

Drip, drip, drip
So it wasn't available when you arrived ? Or they wanted it back sooner ? Are we talking hours/days ? In UK or abroad ? Any extenuating circumstances (Covid) ? How did you pay ?

It is usually appropriate to ensure that transactions are not readily identifiable when posting on public boards.

I'm not sure what in particular you're concerned about in your case, but obviously (if you look at the rest of the forum) that isn't a generally-accepted rule. You could certainly be a bit less cryptic about it.

theonlywayisup

brianposter said:

k3lvc said:

Drip, drip, drip
So it wasn't available when you arrived ? Or they wanted it back sooner ? Are we talking hours/days ? In UK or abroad ? Any extenuating circumstances (Covid) ? How did you pay ?

It is usually appropriate to ensure that transactions are not readily identifiable when posting on public boards.

In UK.

I see nothing there that could identify you.  Either you want help or you don't.  If you drip information then any replies may be inaccurate/not relevant/useless.