Category: consumer protection

Last ditch attempt to thwart POCA in the consumer protection field – Six Pump Court

Posted June 6th, 2014 in confiscation, consumer credit, consumer protection, loans, news, proceeds of crime by sally

‘The Defendant was convicted of 8 counts of carrying on a consumer credit business without a licence (Section 39 Consumer Credit Act 1974 (“CCA”) ) (“illegal money lending”) and was sent to prison. Birmingham City Council whose team has vast experience in and has conduct of most prosecutions in this area of work applied under Proceeds of Crime Act 2002 (“POCA”) to confiscate the Defendant’s property and in particular a house he had purchased with the proceeds of his business. The case was not a “lifestyle” case.’

Full story (Word)

Six Pump Court, 12th May 2014

Source: www.6pumpcourt.co.uk

Lord Chief Justice speech: IT for the Courts – Creating a digital future – Judiciary of England and Wales

Posted June 4th, 2014 in computer programs, consumer protection, courts, internet, sale of goods, speeches by tracey

‘The Right Hon. The Lord Thomas of Cwmgiedd, Lord Chief Justice of England and Wales speech at the Society for Computers and Law Annual Lecture.’

Full speech

Judiciary of England & Wales, 29th May 2014

Source: www.judiciary.gov.uk

FCA review of insurance brokers’ conflict handling shows that “more proactive approach” is needed, says expert – OUT-LAW.com

Posted May 29th, 2014 in conflict of interest, consumer protection, financial regulation, insurance, news, reports, small businesses by michael

‘The Financial Conduct Authority (FCA) found that some of the largest brokers that serve small businesses did not have proper processes in place to manage the “inherent conflicts” that arise as part of their work.’

Full story

OUT-LAW.com, 29th May 2014

Source: www.out-law.com

Law firm’s medical negligence advert was misleading, ASA rules – Legal Futures

Posted May 21st, 2014 in advertising, compensation, consumer protection, cosmetic surgery, internet, negligence, news, ombudsmen by tracey

‘An internet banner advertisement by an Essex law firm which showed a woman’s face above the slogan “awarded £40,000 after cosmetic surgery – claim now” was misleading, the Advertising Standards Authority (ASA) has ruled.’

Full story

Legal Futures, 21st May 2014

Source: www.legalfutures.co.uk

Letting agents ‘will have to publish their fees in full’ – BBC News

Posted May 14th, 2014 in bills, consumer protection, fees, landlord & tenant, news, regulations, rent by sally

‘The government has said letting agents in England face a new obligation to display full details of their fees both on their websites and in their offices.’

Full story

BBC News, 14th May 2014

Source: www.bbc.co.uk

Are universities breaking consumer protection laws? – The Guardian

Posted April 22nd, 2014 in competition, consumer protection, education, inquiries, news, universities by sally

‘Institutions making last-minute changes to courses have prompted an inquiry by the competition authorities.’

Full story

The Guardian, 22nd April 2014

Source: www.guardian.co.uk

‘Culture change’ needed to embrace fee-charging McKenzie friends – Law Society’s Gazette

Posted April 17th, 2014 in consumer protection, fees, legal profession, legal representation, legal services, McKenzie friends, news by tracey

‘Fee-charging McKenzie friends increase access to justice and make up a “legitimate feature of the modern legal market”, according to a report published today by watchdog the Legal Services Consumer Panel. The president of the Law Society described the panel’s findings as “worrying”.’

Full story

Law Society’s Gazette, 17th April 2014

Source: www.lawgazette.co.uk

4finance UAB v Valstybinė vartotojų teisių apsaugos tarnyba and another – WLR Daily

Posted April 10th, 2014 in consumer protection, EC law, financial regulation, law reports, unfair commercial practices by sally

4finance UAB v Valstybinė vartotojų teisių apsaugos tarnyba and another (Case C-515/12); [2014] WLR (D) 156

‘Annex I, point 14, of Parliament and Council Directive 2005/29/EC meant that a pyramid promotional scheme constituted an unfair commercial practice only where such a scheme required the consumer to give financial consideration, regardless of its amount, for the opportunity to receive compensation that was derived primarily from the introduction of other consumers into the scheme rather than from the sale or consumption of products.’

WLR Daily, 3rd April 2014

Source: www.iclr.co.uk

Supreme Court hands down judgment in Durkin v DSG Retail Limited and another – Henderson Chambers

Posted April 8th, 2014 in appeals, consumer credit, consumer protection, contracts, damages, news, rescission, Supreme Court by sally

‘On 26 March 2014 the Supreme Court handed down its decision in Durkin v DSG Retail Limited and another. The judgment in this long-running case addresses the issue of a consumer’s right, in the context of a debtor-creditor-supplier agreement, to rescind the credit agreement on lawful rescission of the sale agreement.’

Full story

Henderson Chambers, 28th March 2014

Source: www.hendersonchambers.co.uk

Durkin (Appellant) v DSG Retail Ltd and another (Respondents) (Scotland) – Supreme Court

Posted April 2nd, 2014 in appeals, consumer credit, consumer protection, contracts, damages, interest, law reports, Supreme Court by sally

Durkin (Appellant) v DSG Retail Ltd and another (Respondents) (Scotland) [2014] UKSC 21 (YouTube)

Supreme Court, 26th March 2014

Source: www.youtube.com/user/UKSupremeCourt

Duped by the ‘blood analyst’ who says he can cure cancer – Daily Telegraph

Posted March 31st, 2014 in advertising, cancer, consumer protection, doctors, news, trading standards by sally

‘Controversial Harley Street specialist is found guilty of claiming he can cure cancer in landmark case brought by trading standards.’

Full story

Daily Telegraph, 30th March 2014

Source: www.telegraph.co.uk

Ofgem asks competition watchdog to investigate big six energy suppliers – The Guardian

Posted March 27th, 2014 in competition, consumer protection, energy, news by tracey

‘The energy regulator has asked the competition watchdog to investigate Britain’s energy companies in an effort to restore trust in the industry after public uproar over rising fuel bills.’

Full story

The Guardian, 27th March 2014

Source: www.guardian.co.uk

OFT: ‘significant gaps’ in university prospectuses – Daily Telegraph

Posted March 14th, 2014 in advertising, consumer protection, fees, news, universities by tracey

‘The Office of Fair Trading (OFT) warns that universities are failing to supply students with enough information before they apply, but finds no evidence of ‘fee fixing’ between institutions.’

Full story

Daily Telegraph, 14th March 2014

Source: www.telegraph.co.uk

Quarter of payday lenders may quit under tougher rules – BBC News

Posted March 12th, 2014 in complaints, consumer protection, debts, financial dispute resolution, interest, loans, news, ombudsmen by tracey

‘One quarter of payday lenders may pull out of the market under pressure from new regulations. The Financial Conduct Authority (FCA) is to investigate the way they treat borrowers struggling to repay loans. It has said the review will be one of its first actions when it takes over regulation of the consumer credit sector on 1 April.’

Full story

BBC News. 12th March 2014

Source: www.bbc.co.uk

Most train users unaware of rights, says rail regulator – BBC News

Posted February 21st, 2014 in codes of practice, compensation, consumer protection, news, railways by sally

‘Most train passengers are unaware of their rights to compensation after cancellations or delays, the rail regulator has said.’

Full story

BBC News, 21st February 2014

Source: www.bbc.co.uk

Insolvency practitioners to be prevented from charging by the hour under new proposals – OUT-LAW.com

Posted February 19th, 2014 in administrators, consultations, consumer protection, disciplinary procedures, fees, fines, insolvency, news by sally

‘Administrators and other insolvency practitioners (IPs) could be prevented from charging an hourly rate for their services and could instead have to base their fees on a percentage of property dealt with under plans put forward for consultation by the Government.’

Full story

OUT-LAW.com, 19th February 2014

Source: www.out-law.com

OFT warns universities about sanctions on students in debt – The Guardian

Posted February 19th, 2014 in consumer protection, debts, disciplinary procedures, news, ombudsmen, universities by sally

‘The Office of Fair Trading has written to more than 170 universities and other higher education groups warning that the widespread practice of stopping students graduating or continuing with their course if they owe money over issues such as late library books or childcare services could breach consumer laws.’

Full story

The Guardian, 18th February 2014

Source: www.guardian.co.uk

“Unfair advantage” under the Trade Marks Directive – Competition Bulletin from Blackstone Chambers

Posted February 7th, 2014 in consumer protection, news, trade marks by tracey

‘Readers over the age of 24 do not fall into Jack Wills’ core target market, and may therefore be unfamiliar with the clothing brand’s “Mr Wills” pheasant logo. On the other hand, those readers who are Jack Wills devotees may want to check when you get home that you have not got confused and accidentally purchased, for about the same price, a House of Fraser product adorned with this equally delightful but nonetheless different bird. If you did get confused, it is perfectly understandable. After all, they’re both silhouettes of birds “equipped with accessories associated with an English gentleman”, as Mr Justice Arnold explained last week in Jack Wills Ltd v House of Fraser (Stores) Ltd [2014] EWHC 110 (Ch).’

Full story

Competition Bulletin from Blackstone Chambers, 4th February 2014

Source: www.competitionbulletin.com

Two-month deadline over in-app charges – BBC News

Posted January 30th, 2014 in computer programs, consumer protection, news, telecommunications by sally

‘Creators of mobile apps that promote in-app purchases are being given two months to comply with Office of Fair Trading guidelines’

Full story

BBC News, 30th January 2014

Source: www.bbc.co.uk

16-year laptop credit agreement fight reaches supreme court – The Guardian

Posted January 29th, 2014 in consumer credit, consumer protection, contracts, news, sale of goods, Supreme Court by sally

‘A man embroiled in a mammoth 16-year legal battle over a laptop found himself in the “absurd and horrid” position of having to keep paying for an item he had already returned to the shop, the supreme court has been told.’

Full story

The Guardian, 28th January 2014

Source: www.guardian.co.uk