back to menuA recent decision of the Queen's Bench Divisional Court ruled that the smell of smoke is enough to create a nuisance under Section 79(1)(6) of the Environmental Protection Act. In another case, the Court ruled that the statement of an incorrectly low annual percentage rate was sufficient to be an indication of misleading information regarding price under section 20 of the Consumer Protection Act 1987. This application for review by an insurance broker was rejected partly on the grounds that the firm had provided a totally false indication of the aggregate sums to be paid.
The Department of Trade & Industry is consulting on minor changes to unit pricing. Should all cooked meats be priced in units of 100g instead of by the kilogram as at present? It seems sensible that sliced cold meats, whether pre-packaged or cut, like ham off the bone, should be in 100g units, but not uncut meats. Would spreads and dips be better unit-priced in 100g units if it is possible to separate them precisely enough not to create problems in definition? Perhaps the main controversy is the use of the phrase 'except when sold by number'. We have no argument with selling oranges this way, but when it comes to single items individually too small to be quoted by their weight, but then put into a mufti-pack, such as chocolate biscuits and cakes, we consider the weight should be marked as well. Merely quoting the number in the pack gives too little information. An example is Fox's Rocky Biscuits which on first sight appear bigger than Aldi's Chocolate Sandwich Bars but are marginally lighter in weight. Multiply this by twelve and the cheaper Aldi pack is by far the better buy for a hungry family, but how do you tell?.
The Control of Misleading Advertisements (Amendment) Regulations 2000 came into force on 23rd April 2000. These implement the European Directive 97/55/EC on Comparative Advertising. This permits comparative advertising where a firm criticises a rival's products or services, provided the criticism is not misleading. The Committee of Advertising Practice (CAP) of the Advertising Standards Authority has revised its advice. The advertisement must compare goods or services that meet the same needs or are intended for the same purposes. The comparisons must be verifiable and may include the price. There must be no confusion between trade names or trade marks nor must these be discredited, and the advertisement must not suggest the products are imitations or replicas of goods protected by trade mark. The added significance of the Directive is that British firms can now use comparative advertising in the rest of the EU where it was previously restricted or banned. Have you noticed that there is more of this comparative advertising about now?
This is an alliance of organisations and groups which lobby for change and to raise awareness of the effect of debt and financial exclusion amongst the poorest sectors of society in Britain. Four key areas so far identified are
One practice which the alliance strongly condemns is the issuing of 'look alike' letters and other documents which appear to have an official origin so as to mislead the debtor into taking premature action. The Office of Fair Trading considers issuing such documents may constitute a criminal offence under the County Courts Act 1984 and/or the Administration of Justice Act 1970
Online consumers within Europe have been provided with unprecedented legal protection from June. The EU Directive on Distance Selling 1997 applies to the sale of goods and services by 'distance communications' but does not include contracts for financial services or for food. The web page must include clear and accurate information about the product on sale and this must be confirmed in writing before or at the time of delivery. Goods must be received within thirty days of the order. The consumer may return them within seven days of receiving them without penalty and without giving reasons, and refunds must be made within 30 days. The period of return is extended to three months if the supplier does not send the confirmatory information. How good enforcement will be and whether fraud can be prevented remains to be seen. It is still a case of 'buyer beware' and being sensible if a site appears doubtful.
"Don't attend timeshare presentations unless you are really interested in buying what is on offer" is the common sense advice from Consumer Affairs Minister, Dr Kim Howells. "Don't fall into the trap of thinking you can just turn up, take a free gift and walk away". If you should decide to attend a presentation then do not take your credit cards, debit cards or a cheque book, and never use a credit card for identification. No reputable company asks for payment on the spot. Do not assume you have an automatic right to cancel. Make sure you know exactly what is being offered and how much it will cost with all the added extras such as annual maintenance. Get anything that is promised in writing. It is wise to make sure you make the final contract through a solicitor in the UK.