Kangs Solicitors have recently been instructed by a West Midlands based business in relation to Fraudulent Trading allegations. The business is accused of selling a service that ‘does not do what it says on the tin’ and a further allegation that the process of the sale misleads the consumer into entering into the purchase contract.
The Crown has brought not only charges under the Fraud Act 2006 but also regulatory offences under the Consumer Protection from Unfair Trading Regulations 2008.
It is imperative that in such cases the right legal representation and advice is obtained at the outset so that the business can protect its interests and receive proper specialist advice on limiting its exposure to criminal liability.
Some of the Offences | Trading Standards Solicitors
Fraudulent Trading [Fraud Act 2006 and Companies Act 1985]
The above can be committed by a Company, an individual and Sole Traders for example. Non-corporate traders covered by the new offence (Section 9 Fraud Act 2006), include sole traders, partnerships, trusts and companies registered overseas.
A defendant may commit an offence under Section 9 (2) (b) Fraud Act 2006 in the following ways:
- knowingly being party to the carrying on of a company’s business;
- with intent to defraud creditors of any person; or for any other fraudulent purpose.
Misleading Actions under the Consumer Protection from Unfair Trading Regulations 2008
The 2008 Regulations make misleading actions unlawful (Regulation 5).
An action by a trader is misleading if it contains false information or if it is likely to mislead the average consumer in its overall presentation.
A consumer must show that he or she took a transactional decision to enter the contract or make the payment to the trader because of the misleading way in which service or goods were sold. Again you have to look at the overall presentation.
What to do if Trading Standards come knocking or if you are arrested
The first line of defence and the time to act is when you are first contacted by Trading Standards.
If we attend upon you, your rights will be protected and we will advise you every step of the way. You will not be susceptible to inappropriate questioning by Trading Standard officers and we will advise you as to what you are obliged to do in each situation.
We have a 24 hour emergency rapid response service at Kangs Solicitors available on 07989 521210.
We are always available to attend at your business premises to protect your interests during unannounced visits by Trading Standards or indeed if you are arrested and taken for an interview under caution.
How we can help you | Trading Standards Solicitors
Offences of this nature require a legal team with specialist knowledge and extensive experience as they can often carry with them complex legal issues.
We appreciate that damage to reputation is a major concern for businesses when under investigation by Trading Standards. We look to advise our clients in fresh and innovative ways to ensure that the risk of any adverse publicity is carefully managed.
Kangs Solicitors’ complex crime and regulatory team has extensive experience of dealing with cases investigated and prosecuted by the Trading Standards departments of various Local Authorities.
We conduct such cases nationally and have experience of defending cases against many of the Local Authorities in England and Wales.
If you are a business, whether a sole trader, partnership or company we are here to assist you manage your contact with the numerous Trading Standards departments in England and Wales.
Our team of solicitors has a proven track record of assisting many businesses achieve the right result following a Trading Standards investigation.
We are here to help and happy to talk to you and discuss how we can help your business.