In December the OFT flexed its new muscles for the first time in applying at a County Court for a Stop Now order against a business allegedly harming the collective interests of consumers. Stop Now orders allow the OFT to act more quickly against unlawful trading practices, but see below.
The proceedings in Manchester County Court are against Craftsmen Kitchens Ltd, Craftsmen Kitchens Manufacturing Ltd, and George Brown, Nichola Brodie, Vance Miller and Sadiya Hussein. The OFT and Trading Standards Departments have received a very large number of complaints from all over the country about these companies supplying shoddy kitchens or failing to deliver ordered parts.
The OFT gave the businesses a full opportunity to put things right by undertaking that they would comply with the law but they did not respond.
John Vickers, Director General of Fair Trading was quoted in a press release as saying "The new Stop Now powers are starting to deliver results for consumers. The OFT has successfully used the powers in a number of cases to stop unfair trading practices. These successes have been
achieved because businesses have agreed to change their practices. But where businesses refuse, we will take court action to get the same result, as this action shows."
The businesses filed defences at the last possible moment and the position as we go to press is that these have only recently been revealed to the OFT which is examining them. Had the businesses not responded then it might have been possible for the OFT to obtain the Order quickly. Now it will take longer for the case to be heard, so the acting more quickly description of the procedure is not that speedy when the businesses targeted fail to co-operate
1. Under the Stop Now regulations, the OFT can apply for a Court order against traders who breach or are threatening to breach a number of laws harming the collective interests of consumers covered by those laws. It can seek written assurances in lieu of court action.
2. The regulations cover the following areas: doorstep selling, timeshare, unfair contract terms, consumer credit, distance selling, package travel, package holidays and package tours, misleading and comparative advertising, sale of goods rights, TV broadcasting activities and advertising of medicinal products for human use.
If you want to contact the Office of Fair Trading the public enquiries phone number is 0845 7224499 and the e-mail address - enquiries@oft.gov.uk OFT reports and consumer information leaflets are available free from: OFT, PO Box 366, Hayes UB3 1XB 0870 6060321 oft@eclogistics.co.uk
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