Kangs Solicitors has successfully represented a client who was the subject of an investigation conducted by Trading Standards in relation to alleged breaches of the Consumer Protection from Unfair Trading Regulations 2008 (‘the Regulations’).
John Veale of Kangs Solicitors outlines the circumstances.
The Circumstances | Kangs Trading Standards Defence Solicitors
- The Regulations protect consumers from dishonest, misleading and aggressive sales practices used by individuals, business and companies supplying products and services
- Our client’s business involves the purchase of properties from individuals seeking a quick sale of a property due to their personal/financial position.
- One of our client’s customers alleged that they had been pressured into selling their propertyand it was also claimed that our client had used the Property Ombudsman’s logo although not entitled to do so.
How We Assisted Our Client | Kangs Trading Standards Team
- Detailed instructions were taken from our client and we advised upon the appropriate manner in which to proceed.
- A detailed Statement was prepared, describing the details of our client’s dealings with the complainant and including documentation to be relied upon during the interview under caution which had been arranged for our client.
- Following the interview and consideration of documentation submitted, Trading Standards confirmed that it no longer wished to pursue the allegation of undue pressure made by the complainant, but it remained concerned about the improper use of the logo.
- Accordingly, further documentation was collated and submitted explaining the use of the logo with the result that Trading Standards decided that no further action would be taken other than the issue of a warning to our client not to use the logo unless properly authorized.
Enforcement and Penalties | Kangs National Trading Standards Solicitors
Our client was delighted with the outcome because, had he been prosecuted under the Regulations:
- in the Magistrates’ Court he may have received a fine up to the statutory maximum or
- in the Crown Court, he could have received a maximum prison sentence of two years.
How Can We Help? | Kangs Trading Offences Defence Solicitors
The Regulations are both detailed and complicated rendering it easy to fall foul of them. They can be tailored by the investigating authorities to cover a wide range of possible conduct/ business practices.
It is essential, as with any criminal investigation that could result in prosecution and potentially, a prison sentence, to seek expert advice immediately.
The Trading Standards Defence Team at Kangs Solicitors has a wealth of experience in dealing with Regulatory matters on a daily basis.
Should you require assistance please do not hesitate to contact: