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Consumer Protection from Unfair Trading Regulations 2008

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Comments

  • brianposter
    brianposter Posts: 1,571 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 13 July 2020 at 5:18PM
    Having spent some time involved in a rather peculiar conversation with Trading Standards 
    You spoke to Trading Standards?
    When acting as a consumer, most mere mortals can only get to speak to Citizens advice.

    As to taking civil action for a breach of the regulations in question.
    yes, this can be done but not by the public. Action of this type can only be brought to court by certain public bodies and it does not allow for any compensation or damages to be paid.
    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/284442/oft1008.pdf
    Civil enforcement 11.16
    Enforcers may take civil enforcement action in respect of any breach of the CPRs as Community Infringements (breaches of EU-derived legislation) under Part 8 of the Enterprise Act 2002. Currently, a number of bodies, including the OFT and TSS can take enforcement action in this way.
    11.17 Under this procedure, enforcers may apply to a court for an enforcement order to prevent Community or domestic infringements. Breach of an enforcement order could be contempt of court which could lead to up to two years imprisonment and/or an unlimited fine


    That document seems to be from 2008 and does not appear to have been amended to cover the 2014 changes. This seems to be a general problem - that all the consumer advice on these regulations was written a long time ago and all the amendments have been no more than a quick cut and paste.
  • photome
    photome Posts: 16,690 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Bake Off Boss!
    Is this thread in the running for strangest thread of the year?


    It is up there. Wonder how long it will run
  • The_Rainmaker
    The_Rainmaker Posts: 1,483 Forumite
    1,000 Posts Name Dropper Photogenic
    Six pages and the self styled international man of mystery still hasn't shone a light on to what the problem is.

    Perhaps his car hire in Morocco was terminated early because he didn't have the correct licence?

  • Spank
    Spank Posts: 1,751 Forumite
    Tenth Anniversary 1,000 Posts Photogenic Name Dropper
    Honestly, if he wasn't such a long-standing member I would have said it aw an AE of a certain banned member
  • brianposter
    brianposter Posts: 1,571 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Six pages and the self styled international man of mystery still hasn't shone a light on to what the problem is.

    Perhaps his car hire in Morocco was terminated early because he didn't have the correct licence?


    The problem is actually irrelevant and pretty uninteresting. I have rented a car for a period of several weeks and the car hire firm want the car back because they have apparently sold the car. Given that returning the car disrupts my plans and involves a fairly substantial journey I have objected to returning the car.
    As far as I am aware the obvious claim under Consume Rights is not likely to be useful because disrupted plans is not something that is readily compensated.

    As to providing details of the problem, my only evidence was in the form of phone calls; now that I have more concrete evidence it is appropriate to be less discrete.
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Six pages and the self styled international man of mystery still hasn't shone a light on to what the problem is.

    Perhaps his car hire in Morocco was terminated early because he didn't have the correct licence?


    The problem is actually irrelevant and pretty uninteresting. I have rented a car for a period of several weeks and the car hire firm want the car back because they have apparently sold the car. Given that returning the car disrupts my plans and involves a fairly substantial journey I have objected to returning the car.
    As far as I am aware the obvious claim under Consume Rights is not likely to be useful because disrupted plans is not something that is readily compensated.

    As to providing details of the problem, my only evidence was in the form of phone calls; now that I have more concrete evidence it is appropriate to be less discrete.
    If you have genuine expenses caused by their breach of contract (which it sounds like you may will have) you can claim these. I won't bother you with the details as it doesn't seem to fit with your interpretation of the law and you will only disagree anyway.
  • brianposter
    brianposter Posts: 1,571 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    waamo said:
    If you have genuine expenses caused by their breach of contract (which it sounds like you may will have) you can claim these. I won't bother you with the details as it doesn't seem to fit with your interpretation of the law and you will only disagree anyway.
    What compensation would be appropriate for having to spend a long weekend in Brighton rather than Blackpool ?

  • The_Rainmaker
    The_Rainmaker Posts: 1,483 Forumite
    1,000 Posts Name Dropper Photogenic
    Surely the rental company will come to you and switch the cars round or you arrange to drop it off at another branch suitable to your itinerary.
  • unforeseen
    unforeseen Posts: 7,414 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    waamo said:
    If you have genuine expenses caused by their breach of contract (which it sounds like you may will have) you can claim these. I won't bother you with the details as it doesn't seem to fit with your interpretation of the law and you will only disagree anyway.
    What compensation would be appropriate for having to spend a long weekend in Brighton rather than Blackpool ?

    I would think that they would be willing to accept £100 compensation off you for that. 
  • Manxman_in_exile
    Manxman_in_exile Posts: 8,380 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    edited 16 July 2020 at 9:12AM
    They don't seem to be aware of the libel courts' crusade for justice for those wrongly convicted of criminal offences here, either:


    (That board also contains another thread which gives fuller details of a situation similar to this one - if anyone is interested).

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