CTSI HAS ITS SAY Some of the institutes contributions to government policy debate Consumer Rights Directive Helping consumers make informed choices Consumer Rights Directive European Commission, September 2016 CTSI seeks to highlight a number of factors hindering the overall effectiveness of the Consumer Rights Directive (CRD), and practical ways it could be amended to aid frontline trading standards officers. With no adequate governance mechanism for the delivery of nationalpriorities by resource-depleted local authority trading standards services, UK central government and EU policymakers must carefully consider whether trading standards have appropriate resources when giving additional legislative responsibilities to already stretched services. Although CTSI understands the logic behind treating off-premises and distance contracts in the same way over informationand cancellation rights, this approach has weakened protection for consumers buying off-premises; the psychological pressure on such consumers requires a greater, and different, level of consumer protection than for distance contracts. To remain consistent with other EU law, CTSI would like to see a re-draft of article 6 1(c) to read: ... the geographical address at which the trader is established and the traders telephone number and email address, and where available, a fax number. Article 16(c) has caused greater concern. Although exemptions from the right to withdraw are appropriate when this can cause traders costs that they are unable to mitigate, CTSI believes that sales contracts falling within Articles 16(c) and (f) should have a 14-day withdrawal period from the date of contract. With many off-premises contracts involving home improvement work, a consumer who has had a new bathroom fitted is unlikely to be able to make use of the final 14-day period now more clearly defined by the CRD during which they can withdraw from a contract. Inpractice, they have lost their right to cancel once the work has started, so CTSI proposes a withdrawal period, for goods that are incorporated into land, which ends when work starts; at this stage the consumer must sign an express permission for work to start with a clear statement advising them that their right to withdraw has ended. Lead officer: Peter Stonely For more details, and to contribute to consultations such as these, visit www.tradingstandards.uk Credits Images: melis / Marcos Mesa Sam Wordley / To share this page, in the toolbar click on You might also like CTSI has its say October 2016 Shutterstock Helping consumers make informed choices Helping consumers make informed choices proposed changes to rules around tariff compatibility and marketing Ofgem, September 2016 CTSI reiterates as still relevant points previously made in response to an Ofgem retail energy market regulation consultation in March 2016. On the latest consultation, moving away from prescriptive rules, towards a system of principles and self-regulation, will further dilute consumer protection. Consumers expect clarity from their energy provider, as well as proper and appropriate regulation. Clear and unambiguous rules cannot be achieved through a system of general principles variously applied, and interpreted in different ways by different energy suppliers; the results could be chaotic. A level playing field with close regulation is vital. Safe switching initiated by consumers themselves using a price comparison website is increasing, driving true competition; CTSI urges the regulator to build on this success, keeping the number of tariffs to a minimum and providing timely, clear and accurate data on energy consumption. Instead, Ofgems latest proposals will probably cause a decline. CTSI strongly opposes a return to commission-paid doorstep and telephone sales, likely to result in unsafe switches of most consumers to an uncompetitive tariff. Time and again in fines for mis-selling, and the criminal conviction achieved by Surrey Trading Standards against one of the Big Six history shows this is a recipe for disaster, resulting in widespread consumer detriment. With Ofgem advocating a move away from a limited number of tariffs available to consumers, there will probably soon be hundreds or even thousands of different tariffs to choose from, making it difficult for consumers to evaluate whether they are achieving the best deal. The institute is also concerned that the rollout of smart meters will come at a massive cost to consumers, introducing significant complications. A multitude of time of use tariffs will probably confuse and baffle a large proportion of consumers, making it virtually impossible to carry out a safe switch. Also, much more needs to be done to identify and help vulnerable consumers. Lead officer: Steve Playle For more details, and to contribute to consultations such as these, visit www.tradingstandards.uk