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where is offence committed

where is offence committed

Postby against-big-guns » Fri Dec 11, 2015 3:26 pm

Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

K is a home improvement company with offices in G, N & W. Formerly the registered office was in G and is now in N. Since June 2014 it has been committing offences under the above regulation by failing to give consumers a right to cancel notice. They did have one in their contract but it was under the old 2008 regs. Hence, by definition, they could not comply with the 2013 regulations. in the 2013 regs R19 establishes the offence and R23 imposes a duty on wights and measures authorities to enforce R19.

Problem. Where is an offence committed , where K has an office, or in the home of a consumer if the contract is signed there. trading standards a playing pass-the-parcel. Their are ten of them involved where consumers live.
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Re: where is offence committed

Postby atticus » Fri Dec 11, 2015 6:41 pm

Reg 19 creates an offence relating to Reg 10.

Reg 10 relates to "off-premises contracts".

Reg 5 defines, inter alia, "off-premises contract".

I suggest that the offence is committed at the place where the "off-premises contract" is purportedly created.
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Re: where is offence committed

Postby diy » Fri Dec 11, 2015 8:58 pm

If its any help there is some EU legislation guiding that jurisdiction for a consumer contract is that of the applicable state in which the consumer lives. Where the contract was formed between a company trading in the EU with an EU citizen and the contract was a distance selling one (e.g. internet purchase)

I recently had a dispute with a French company selling in the UK and seemed able to convince them that UK consumer laws applied, because I was a UK consumer and EU rules say the contract is formed where I reside unless there is anything to the contrary in the agreement.

Not sure if that helps.

I think its time trading standards etc were nationalised - it would probably save some costs.
My suggestions are not legal advice
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Re: where is offence committed

Postby atticus » Fri Dec 11, 2015 9:22 pm

I think that the OP is talking about locations within the UK, eg Greenwich, Northallerton and Winchester.
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Re: where is offence committed

Postby against-big-guns » Sat Dec 12, 2015 11:50 am

Agreed Atticus, I would have thought that as a matter of logic, but trading standards can be difficultto kick into action.

The trader's offices are within a circle of only 10 mile radius and the area of operation is 90 x 50 miles but it would be inappropriate to say exactly where. Suffice it to say that one website shows 150 feedback reviews about K between June 2014 and the present, and one could reasonably expect two to three times as many who do not bother with reviews. Not just K is at risk. All the contracts would be unenforceable and the finance companies, following Durkin v DSG Retail, would be forced to cancel and refund agreements. Several hundred refunds and possible offences would be fatal to this outfit.
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Re: where is offence committed

Postby atticus » Sat Dec 12, 2015 11:53 am

Get someone to lean on Trading Standards, e.g. Councillors, MPs, Watchdog ...

This is a consumer protection matter.
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Re: where is offence committed

Postby dls » Sat Dec 12, 2015 11:13 pm

trading standards can be difficultto kick into action


Agreed, but you have no right to kick them into action. They choose which actions to pursue - they have a discretion. If exercised correctly,that is it.
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Re: where is offence committed

Postby against-big-guns » Tue Dec 22, 2015 10:49 am

The 2013 regulations seem clear but perhaps not. R19 makes an action criminal and R23 specifically places a DUTY on authorities to enforce R19 in their area, notwithstanding rules elsewhere permitting authorities to take action out of area. I cannot see any discretion in the wording

19 Offence relating to the failure to give notice of the right to cancel
(1) A trader is guilty of an offence if the trader enters into an off-premises contract to which regulation 10
applies but fails to give the consumer the information listed in paragraph (l), (m) or (n) of Schedule 2 in ac-
cordance with that regulation.
(2) A person who is guilty of an offence under paragraph (1) is liable on summary conviction to a fine
not exceeding level 5 on the standard scale.19 Offence relating to the failure to give notice of the right to cancel


23 Duty to enforce
(1) Subject to paragraphs (2) and (3)--
(a) it is the duty of every weights and measures authority in Great Britain to enforce regulation 19
within its area; and
(b) it is the duty of the Department of Enterprise, Trade and Investment in Northern Ireland to enforce
regulation 19 within Northern Ireland.
(2) No proceedings for an offence under regulation 19 may be instituted in England and Wales except
by or on behalf of an enforcement authority.
(3) Nothing in paragraph (1) authorises any weights and measures authority to bring proceedings in
Scotland for an offence.
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Re: where is offence committed

Postby dls » Tue Dec 22, 2015 2:46 pm

It is a duty, yes, but that is not read to be an absolute duty to investigate and prosecute on every possible occasion. They apply a professional discretion as to what is the best way of fulfilling that duty.
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