A Guide to The Consumer Protection from Unfair Trading Regulations 2008 (amended 2014)

The Consumer Protection from Unfair Trading Regulations 2008 (updated Consumer Rights Directive) implemented the European Union-wide Directive 2005/29/EC concerning unfair commercial practices in the internal market. The Regulations replace much consumer protection legislation, including Part III of the Consumer Protection Act 1987 (which dealt with misleading prices), the majority of the Trade Descriptions Act 1968 (which it mainly repeals), and the Control of Misleading Advertising Regulations 1988. The Misrepresentation Act 1967 covers similar issues too.

Unfair!

Unfair! 
For a practice to be unfair under these rules, they must harm, or be likely to harm, the economic interests of the average consumer. For example, when a shopper makes a purchasing decision he or she would not have made had he or she been given accurate information or not put under unfair pressure to do so.

The regulations prohibit trading practices that are unfair to consumers. There are four different types of practices covered:

A general ban – on conduct below a level which may be expected towards consumers (honest market practice/good faith).

Misleading practices a practice misleads through the information it contains, or its deceptive presentation, and causes, or is likely to cause, the average consumer to take a different transactional decision specifically; general misleading information, creating confusion with competitors’ products or failing to honour commitments made in a code of conduct.

Aggressive sales techniques using harassment, coercion or undue influence – significantly impairs, or is likely to significantly impair, the average consumer’s freedom of choice or conduct in relation to the product through the use of harassment, coercion or undue influence – and  thereby causes him to take a different transactional decision.

31 specific practices (that would be two long boring pages of  post! It is pretty thorough though and all of them are listed in the book).

If you think a financial advert or promotion is misleading, unfair or unclear, you can report it to the Financial Conduct Authority and/or the Advertising Standards Authority.

You are also covered regarding unfair contracts with the Consumer Rights Act 2015.

Did you know about this Act? Were you still using old Acts? Find out more details of this other Acts and how to use them in the book.  Use the Tips when complaining using these Acts.

 

24 thoughts on “A Guide to The Consumer Protection from Unfair Trading Regulations 2008 (amended 2014)”

  1. Hi, We bought a house in Mar 16 which had the living room and dining room joined into one. The solicitor asked for the building regulation documentation for knocking down the wall and the answer that came back from the vendors solicitor was that it was not a supporting wall, so building regs were not required.
    Since moving in, I have had it confirmed that it is a supporting wall. The council have also confirmed that they did not inspect the property when the rooms were converted and inspections should have been carried out in stages as supporting metalwork was installed.
    In addition, the vendor provided a HETAS certificate for the log burner. After contacting HETAS they confirmed that there is no registered log burner at the house and that the certificate is fake.

    Do you know if we would be covered by the Unfair Trading Regulations 2008 in this case?

    Thanks.

    1. False or misleading descriptions about properties are covered under the Consumer Protection from Unfair Trading Regulations 2008 (amended in 2014) You should also use your surveyor’s report. You can sue but you are looking at probably suing a solicitor so I would take specialist legal advice on this. It may be that you also need to sue the surveyor which would complicate things.

  2. I recently brought a product online in Spain with a Spanish credit card, The item in question is an xbox. I was online searching for one for myself as the prices have recently gone down and found myself on the cex website I searched for xbox and saw there was an xbox for sale at 48 euros plus shipping, the photo of the product showed an xbox one on controllers or anything at all so I assumed that the cheap price was due to it being literally just the console with nothing else and the description firstly was in Spanish so not my native language and I wouldn´t know what the exact specifications were for an xbox one a ps4 or a spectrum so I basically ordered based on the picture which on their website was and still is an xbox one. several days later I received an original xbox, which was a surprise and maybe I should have known better . I checked their terms and conditions and it says that “images are for illustration only”, which all images are, and that “The actual design of the product may vary slightly with respect to the image” where do I stand on claiming against eu consumer regulations about getting the product that I originally ordered? I want the xbox one that I believed I was buying. any help would be appreciated.

  3. I brought a dress on line from Millibridal for my daughters prom. The dress came but it’s not the colour we order. Their return policy states that they will give a full refund. Niw tge refuse to take the dress back and won’t give me my full refund. I have been trying niw for the beSt part of 2 weeks to get a return label from them. What do I do now and how do I get myobey refunded.

  4. Based on information provided to me by the Holiday Park Manager, I entered into a purchase contract for a lodge. However, it wasn’t until she said something some time later that I realized that what I’d signed was not what had been explained to me by her. The pitch fee prices were higher. As the fees were apportioned, they looked similar to the amounts we talked about, however, upon closer inspection for the following years fees, they had been increased by 500 pounds! If this had been pointed out to me, I would not have wanted to purchase on the site. Is there anything I can do?

  5. Hi a few years ago I started a learn at home course for plumbing but it turns out it was a scam from the off. a sales man brought a brochure with some well know plumbing institution logos on but it turns out most of the institutions don’t recognise the qualification. So I’ve been Mis sold the course. Not only that at the time I was 28k in debt and the sales man fraudently messed with my income and out goings to make it work I felt under pressure in my own home and ended signing into a contract for 42 months with a finance company. Which now through research find out the CEO owns the the training company and the finance department. Which the sales man phoned from my front room. I’m looking for all my monthly payments back as although I’ve struggled to repay the 28k and the training finance I’ve never missed a payment to either sometimes I’ve suffered just not to miss repayments. Can you give any advice where to start proceedings thanks.

  6. Hi,
    I advertised on a recommended builders web-site for someone and diagnose a problem within one of my bedrooms. There were dark patches on the walls and it felt damp.

    Forever homes were invited to diagnose the problem and quote for correcting it. They said it was caused by porous walls letting in cold and damp from the outside over the years, as my house was built in the 1930’s. then they explained what they would do to address it and guarantee it for 25 years. they quoted me a large figure of Approx £4000. I said I would have to think about it before I made a decision. They then proceeded to lower the price, and I did insist that Always think about these things for a while before committing. The gentleman then asked how much would I be willing to pay for the service so he could get a sale there and then. I did feel under pressure as, they mentioned they would be doing it much cheaper than their usual price so they could give their guys regular work as Summer was ending soon. I agreed there and then to a price of £3200.

    Since then the wall has not improved, and a friend noticed that there was an air brick in the room that had been covered over, and that was the case of the problem i.e. it was condensation condensation that could have been cured by installing an air brick or uncovering the existing one in the wall.

    I feel I was duped into paying for something that I did not really need, and it has cost me over 3 Thousand pounds. Of course, I am very upset. I have not contacted the Company yet. The work was completed in September 2017. What should I do next.
    ? Any advice would be helpful.

  7. I bought a Google Pixel 2 (sim free) with Sim Only 12 month contract – with the intention of cancelling the SIMO contract and keeping the device.

    Transcript before purchase:
    Zimkita: Hello Sam, welcome to Carphone Warehouse. Are you looking for a contract or outright payment?
    sam: it’s £459 with a sim only contract with vodaphone is that correct
    Zimkita: Yes that is correct.
    sam: ok so I can cancel the vodaphone contract after – as the original £459 is to cover the cost of the device?
    sam: and the sim only contract is £30 p/m
    sam: same as O2 do with their airtime contracts
    Zimkita: Yes that is correct.

    Now they are refusing to cancel the SIMO contract and I’m stuck with a 12-month D/D to pay. Surely this can’t be right??? I feel duped.

  8. Hi,i bought a 2017 nearly new car on finance last oct 2017.on the day of purchase i asked the dealer why did the previous owner had the car for such short period of time and if it was previously damaged/reapaired he said they just did’didn’t find the car suitable and there was never any previous problems with the car so i went a head and sign the contract.after driving the car for abit over a month i started experiencing some issues so i started to think something wasn’t right and that i was mislead into buying the car.i had informed the dealer of the problems i had encountered and asked again if they were sure there was never any previous faults/damages/repair and they were still adamant that there wasn’t then they took the car in for repairs and said they did a diagnostics test and cannot find any faults with the car but it can often be the case of an intermittent fault.i then decided to contact the previous owner who had told me that she got the car through mobility scheme from a nissan garage and had the car for a period of 6months but was only able to drive it for 10days as the car was so faulty and it had to be off the road for repairs but then she had rejected the car as she had lost confidence in it.i then informed both the dealet and finance company of this and the dealer said he had no knowledge of that and the fianace company had asked me to send a copy of a written statement regarding that information and they would sort it out with the dealer so i did exactly that.after a month of sending the copy of the statement from the previous owner the finance company had rang me and said wether i was mis sold the car or not had nothing to do with them and that’s between me and the dealer and that they only care about how the car is now and the dealer said it is in good working condition and is of satisfactory quality so i was confused because if that’s the case why requested me to send a copy of the statement from the previous owner if it had nothing to do with them.weeks after that i got a nother phone call from the finance company saying they had spoken to the dealer and nissan and was told that only the brake lights was reset on the car and nothing else,i then asked if it took months off the road just to do that and the reply was that’s all it was and i am contantly been told by the finance company that the dealer has no obligation to disclose any previous mechanical repairs done on a second hand car as they might not know of it,this car was just 7months when i got it with a 650 mileage (therefore the dealer didn’t get any paper works showing any work done under the manufacturer warranty and they just bought the car like that) this is what i’m make to believe.if that’s the case which i doubt 100% because how can the dealer know about the previous owner’s reason for having the car for such short time but knows nothing about the car’s previous history when the dealer i got it from is completely different from the one the previous owner got it from.the previous owner got it from derby and i got it from epsom,obviously they don’t want to take liability of any wrong doing and the finance company backs the dealer as i had expected because they both benefit from my lost.i have been asking for the car’s service history for months now and i’m yet to get one from the dealer.what can i do as the dealer and finance company won’t take my rejection of the car ?

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