The unfair practice of cancelling an airline ticket if the outward portion has not been used has been outlawed but only if this has been for reasons beyond the customer's control. Purchasers of non-refundable tickets such as APEX, prevented from travelling by circumstances also beyond their control, will be entitled to a credit note that can be used by themselves or another person. There is also a right to a refund if there is a significant change in the timing of a flight and the airline is unable to book an acceptable alternative flight. The Director General of Fair Trading agreed with the Air Transport Users' Council that parts of the contract recommended by IATA werepotentially unfair. Also Ryanair has agreed to remove notices from its check-in desks disclaiming responsibility for travellers' luggage.
Criminal charges and fines of up to £5,000 for each person they deceive seems drastic action against those setting out to swindle their clients. But so widespread has this become that the Department of Trade & Industry is supporting a Private Member's Bill aimed at stamping out these bogus homeworking schemes. It would make it a criminal offence to seek payment in advance and would outlaw the advertising of such schemes or directories. Trading Standards Officers would have the powers to stop these schemes quickly and effectively.
The NfCG Legislation Committee wrote to H.M. Treasury to welcome the consultation on regulating mortgages. It welcomes the proposal and that the responsibility for this should rest with the Financial Services Authority but considers that all mortgages secured by individuals should be included, whatever their nature, and that second mortgages should not be excluded; this could lead to two categories of mortgage, regulated and unregulated. The definitions of family members are not wide enough and could affect grandparents buying property for students in their university city.
The use of documents designed to resemble a court summons or other official documents, or exact copies of such documents with the word `draft' typed over them, was condemned by Martin Goulden of the Office of Fair Trading in a presentation to MALG. They may be designed to frighten the recipient into taking some action he would otherwise not take. Some of these may already be in breach of the Administration of Justice Act and the County Court Acts. The OFT can take action by withdrawing a credit firm's licence. Any similar documents you see should be reported.
Sussex County Council landed itself with in excess of 5,000 messages of complaint (many sponsored by the Ramblers' Association) regarding the obstruction and subsequent proposals for the diversion of an obstructed footpath at Framfield. The landowner was found guilty in Court and fined ,E1,600. Following this the Council served a 90-day notice to remove the obstruction but the landlord proposed a diversion of the footpath which ensured the obstructions did not then have to be removed. The Council suspended the order and proposed a zigzag diversion `in the interests of the landowners'. At first letters from a Councillor suggested that, as the fine had been paid, all was well. It seems strange that a Court order to remove an obstruction can be itself obstructed in this way.
The charges for all taxicabs are set by the local authority, but private hire cars can charge what they like. However, there has been a tendency to standardise the charges in any one area of the country. The nine members of the Bury Private Hire Association were warned by the Office of Fair Trading that their agreement to raise fares by £1.60 for the first mile and £1.50 for each subsequent mile was illegal under the Competition Act 1998.
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