Consumer rights bill – Providing better information and protection for consumers – Po

[Legal Beagles]

The government has introduced the Consumer Rights Bill into parliament to clarify and simplify consumer rights. The bill aims to make consumers better informed and better protected when they’re buying. The bill will make the law clearer. It will; clarify the standards a consumer can expect when they buy something set out what to do […]

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[EXC]

Re: Consumer rights bill – Providing better information and protection for consumers

On a quick scan of it the sections that deal with contracts (chapter 5 part 2) are lifted straight from UTCCR.

http://www.publications.parliament.u...40161_en_1.htm

But one good addition that wasn't in UTCCR is this:

Duty of court to consider fairness of term
(1)Subsection (2) applies to proceedings before a court which relate to a term of a
consumer contract.

(2)The court must consider whether the term is fair even if none of the parties to
20the proceedings has raised that issue or indicated that it intends to raise it.

(3)But subsection (2) does not apply unless the court considers that it has before
it sufficient legal and factual material to enable it to consider the fairness of the
term.

[EXC]

Re: Consumer rights bill – Providing better information and protection for consumers

In fact the bill replaces UTCCR:

''Part 2 covers the reform of the rules on unfair terms in consumer contracts (amending UCTA and repealing the Unfair Terms in Consumer Contracts Regulations 1999''.

http://uk.practicallaw.com/8-531-721...relatedcontent

[EXC]

Re: Consumer rights bill – Providing better information and protection for consumers

And this section replaces the old sec 6.2 a&b in UTCCR (the clause that won the banks the test case)

Exclusion from assessment of fairness
(1) A term of a consumer contract may not be assessed for fairness under section
62 to the extent that—

(a) it specifies the main subject matter of the contract, or

(b) the assessment is of the appropriateness of the price payable under the
contract by comparison with the goods, digital content or services supplied under it.

I'm wondering if the new wording of (a) would have applied to the old overdraft charges terms as they were never specifically linked to the provision of banking services ie the main subject matter.

[Amethyst]

Re: Consumer rights bill – Providing better information and protection for consumers

For reference


Next event

Committee stage: House of Commons Committee stage: House of Commons | 25.02.2014


http://www.parliament.uk/business/ne...r-rights-bill/
''you can submit your views in writing to the House of Commons Public Bill Committee which is going to consider this Bill. ''

[CleverClogs]

Re: Consumer rights bill – Providing better information and protection for consumers

The government has introduced the Consumer Rights Bill into parliament to clarify and simplify consumer rights. The bill aims to make consumers better informed and better protected when they’re buying. The bill will make the law clearer. It will; clarify the standards a consumer can expect when they buy something set out what to do […]

Oh, balls!

When will people learn that the expressed intention of a Bill - or of an Act - is exactly the opposite of what is really intended?'

Thus we had the Protection of Freedoms Act, which made it possible for private car-park parasites to sue the registered keeper of motor vehicles.

Further back, we had the Prevention of Terrorism Acts which, although they did bugger all to prevent any act of terrorism, proved to be useful in producing such a feeling of unease and panic in the populace that almost anyone with an Ulster accent could be found guilty, regardless of how poor the evidence was.