Rules for Tradesmen
|
Know your Rights
Earlier this year, new regulations were introduced to protect consumers from unfair, misleading or aggressive sales tactics from rogue traders. The Consumer Protection from Unfair Trading Regulations 2008 (CPRs) demonstrates the biggest change to consumer protection law for the past 40 years.
At a time when many homeowners and businesses are improving their property to increase saleability, it is only too easy to invest in the wrong people, at a critical time in the current credit slump. Here at the Homeowners Club we take a closer look at regulations for building works, any practices you should be wary of, ways to protect yourself and what to do if you think you've been treated unfairly.
The New Regulations
The regulations outline in great detail -31 specified unfair trade practices that are strictly forbidden, as well as making it illegal to mislead customers or use aggressive sales tactics that may have a negative effect on a customer's decision. The Consumer Protection from Unfair Trading Regulations (CPRs) are intended to protect customers as much as possible, so are very comprehensive. These rules apply to all business-to-consumer transactions and cover all sectors, from supermarkets and travel agents to plumbers and builders. |
 |
|
They also cover business-to-business transactions that are closely linked with consumers, for example, a builders' merchant supplying materials to a builder. The CPRs cover the entire transaction process, including all conduct before, during and after a contract is made.
|
 |
The regulations start with a general ban on conduct that is below the standard a customer can reasonably expect. Secondly, the regulations ban all misleading practices, like false or deceptive messages, or leaving out important information. Thirdly, businesses are not allowed to use aggressive sales techniques that use harassment, coercion or undue influence.
Code of Conduct
When hiring tradesmen, always enquire whether they abide by a specific code of conduct or hold any accreditations. However, whilst it is easy for traders to make grand claims that aren't actually true, the new regulations forbid such behaviour. Specifically, a trader is prohibited from falsely claiming to abide by a code of conduct, or stating that theirs had been approved by an official body when it has not. Traders would also be breaking the regulations if they claim to be ‘TrustMark’ registered or say that their product or service has been endorsed or approved by an official body, without having obtained the necessary approval. As a consumer, it is actually very easy to check up on a trader's claims. Many professional bodies (e.g. The Landscape Institute and the Institute of Plumbing and Heating Engineers) hold searchable member directories on their websites.
|
|
Accuracy of Information
The new regulations also refer to the validity of product information, including the price. Firstly, if there are limitations on a product or service that a trader is offering, such as a specified timeframe or a limited number, this must be stated by the trader upfront. If, for example, you were to spot an ad in the paper for a special offer, sign up to have the work done only to be told by the company that the special offer has ended, if the limited time period was not stated in the advert, the company will have broken the CPRs, and you have grounds on which to sue them. Similarly - traders are banned from stating a product or service is only available for a certain period, but then continuing to offer the product or service after the time period has ended. Nor can they offer a product at a certain price and then refuse to show the item to customers, refuse to take orders for the product, or show them a faulty version of the item in order to encourage them to purchase an alternative, more expensive item. Within this section of the CPRs, traders are forbidden from using scare tactics to make customers think their personal security will be at risk without purchasing a certain product or service. The regulations also ban traders from making false claims that a product will have health benefits.
|
Say Goodbye to ‘Guilt Trips’!
The CPRs also cover conduct during the sale, as well as any after sales service.For those of us who struggle to say no to salesmen, the new regulations ban traders from creating the impression that you cannot leave their premises without making a purchase, or from staying on your property with the intention of forcing a sale. So, if a salesman comes to your door and you tell him you're not interested, but then he knocks on your door again, this would breach the regulations, and should be reported. Similarly, traders must not pester a customer by telephone, fax, email, or any form of remote media.
Companies are also forbidden from forcing a sale by 'guilt-tripping' consumers, for example, by insinuating or stating that if the consumer does not buy the service or product on offer, the tradesman could lose his job. They must also not force a sale by giving a customer something they didn't ask for and then demanding payment.
The new regulations have been introduced to ensure businesses treat their customers properly, but it is always a good idea to have some understanding of the rulesto help protect yourself from future problems. To read the full set of regulations click here.
|
 |
|
False Advertising
The new regulations also cover promotional activities. Traders are prohibited from deceiving customers by lying about market conditions, giving the impression they have entered into a contract when they haven't. If as a consumer you are planning on getting some work done and you ask your potential tradesman for testimonials from previous customers, then someone else in the company falsely pretends to be a past customer, this would also break the CPRs. The best way to avoid this is by asking friends and family to recommend reliable traders. Any adverts bearing the small print “Promotional Material” or “This is an Advertisement” are known as advertorials and are designed in such a way that you might mistake them for unbiased, factual articles, when in fact they have been paid for and written by the company that they are about. Although this approach is not banned by the CPRs, they insist that companies must make simply make it clear that the piece is an advert, so keep an eye out for this.
|
USEFUL LINKS
The Office of Fair Trading - www.oft.gov.uk
The Trading Standards Institute - www.tsi.org.uk
www.berr.gov.uk/index.html
www.landscapeinstitute.org
www.iphe.org.uk
www.trustatrader.com
www.mybuilder.com
www.myworkman.co.uk
www.recommendedtradesmen.co.uk
|