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Buyer Beware
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The Property Repairs (Prohibition of cold-calling) Bill is scheduled for its second reading on March 12th. The OFT has identified four legislative options that could potentially contribute to tightening up the law and tackling bogus trading: |
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| • | proposed new fraud offence to replace the existing Theft Act deception offence under which some bogus trading prosecutions already take place |
| • | fraudulent trading offence which would replicate current provisions for fraudulent trading for companies to cover partnerships and individuals |
| • | ban on work and/or payment within 7 days following a cold call, with exceptions, for example when work must be carried out urgently |
| • | ban on cold-calling for property maintenance/repairs (not necessarily along the lines of the present private member's bill) |
While there are difficulties with
both of the possible options for a ban (on work and/or payment
within 7 days following a cold call, or on cold calling for property
repairs/maintenance), in view of the seriousness of the bogus trader
problem they are worth exploring.
The OFT recommends that the relevant government departments proceed
to consultation and legislation on the fraud and fraudulent trading
offences, and go out to consultation on the two possible options for
a ban.
Download the OFT's position paper Legislative options for tackling bogus trading (.PDF: 132 kb).
| NOTES: | |
| 1. |
The OFT market study into doorstep selling was launched in November 2002 in response to a super-complaint from Citizens Advice (formerly NACAB). See press release 75/02. The report is due to be published in April 2004. |
| 2. |
Andrew Robathan MP's private member's bill Property Repairs (Prohibition of cold-calling) Bill is down for second reading on 12 March 2004 |
Any other problems
may be able to be fast tracked to a satisfactory conclusion by
visiting:
http://www.howtocomplain.co.uk
You will be pleasantly surprised with their help and advice.
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