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The Consumer Contracts Regulations 2013 Section 19

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  • #1

    The Consumer Contracts Regulations 2013 Section 19

    http://www.legislation.gov.uk/uksi/2...lation/19/made

    Is section 19 of the Consumer Contracts Regulations Act (2013) a civil or criminal offence? It says:
    Offence relating to the failure to give notice of the right to cancel

    19.—(1) A trader is guilty of an offence if the trader enters into an off-premises contract to which regulation 10 applies but fails to give the consumer the information listed in paragraph (l), (m) or (n) of Schedule 2 in accordance with that regulation.

    (2) A person who is guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.


    I dial 101 to report a trader for this offence but keep getting told it's a civil matter or basically that they "don't care". Civil matters don't carry a 'fine; or a 'conviction' so my conclusion is that it is a criminal offence which I should report on 101 but they just aren't interested, or even willing, to take a report of it. So I ask the person on 101 for a list of crimes which they care about and ones they don't care about and get told "we don't have that list".
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  • #2
    Sec 23 of that Act makes it clear that it is not for a private citizen to institute proceedings but the relevant weights and measures authority:

    23.—(1) Subject to paragraphs (2) and (3)—
    (a)it is the duty of every weights and measures authority in Great Britain to enforce regulation 19 within its area; and
    (b)it is the duty of the Department of Enterprise, Trade and Investment in Northern Ireland to enforce regulation 19 within Northern Ireland.
    (2) No proceedings for an offence under regulation 19 may be instituted in England and Wales except by or on behalf of an enforcement authority.
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    • #3
      Most of the Regulations are now embodied in the Consumer Rights Act 2015 (Unfair Contract Terms)
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb

      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.

      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick
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      • #4
        Ok, thanks, that explains it. They were within their rights to ignore me although they could have explained it better. I don't particularly like the fact that a criminal offense is on the statute books, but a private individual can't report it. That seems very disenfranchising but whatever. I will take it up with trading standards and my bank. Now it seems you can't even call trading standards, you get an agency 'on top' of trading standards. We just get more distanced from the actual decision makers day by day.
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        • #5
          Originally posted by GospodinN View Post
          Ok, thanks, that explains it. They were within their rights to ignore me although they could have explained it better. I don't particularly like the fact that a criminal offense is on the statute books, but a private individual can't report it. That seems very disenfranchising but whatever. I will take it up with trading standards and my bank. Now it seems you can't even call trading standards, you get an agency 'on top' of trading standards. We just get more distanced from the actual decision makers day by day.
          That would be Citizens Advice Bureaux?
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb

          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.

          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment

          • #6
            Originally posted by charitynjw View Post

            That would be Citizens Advice Bureaux?
            Support & advice | CTSI - Chartered Trading Standards Institute

            I've only ever contacted TS 2 or 3 times in my life. But like 20 years ago you got straight through to the enforcement officers quite easily.

            Anyway. I don't want to come across as a troll. So just want to thank the people who replied for their advice. I was not aware of that section 23.

            Comment

            • #7
              Originally posted by charitynjw View Post
              Most of the Regulations are now embodied in the Consumer Rights Act 2015 (Unfair Contract Terms)
              Sorry i disagree there. they are not part of the CRA, the regulations are still effective and it is still an offence not to give details of the right to cancel under the regulations.

              The right to cancel part is enforced by trading standards, they are the prosecuting arm for that piece of legislation not the police on 101
              I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

              If you need to contact me please email me on Pt@roachpittis.co.uk .

              I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

              You can also follow my blog on consumer credit here.

              Comment

              • #8
                Originally posted by pt2537 View Post

                Sorry i disagree there. they are not part of the CRA, the regulations are still effective and it is still an offence not to give details of the right to cancel under the regulations.

                The right to cancel part is enforced by trading standards, they are the prosecuting arm for that piece of legislation not the police on 101
                Yes, sorry, I didn't mean that the regs had been supplanted.....they are indeed alive & well!

                Similar to UTCCRs......the provisions in CRA reflect the regs. (I think?)
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb

                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.

                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment

                • #9
                  Originally posted by charitynjw View Post

                  Yes, sorry, I didn't mean that the regs had been supplanted.....they are indeed alive & well!

                  Similar to UTCCRs......the provisions in CRA reflect the regs. (I think?)
                  nope they dont fall under the CRA
                  I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                  If you need to contact me please email me on Pt@roachpittis.co.uk .

                  I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                  You can also follow my blog on consumer credit here.
                  • 1 thank

                  Comment

                  • #10
                    Originally posted by pt2537 View Post

                    nope they dont fall under the CRA
                    https://www.youtube.com/watch?v=ohDB5gbtaEQ
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb

                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.

                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment

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