CPUTR covering Civil Recovery??

[Legal Beagles]

From http://www.parissmith.co.uk/blog/rol...nsumer-rights/ The Consumer Protection (Amendment) Regulations 2014 (Regulations) were laid before Parliament on 1 April 2014 and will come into force on 1 October 2014. The Regulations amend the existing Consumer Protection from Unfair Trading Regulations 2008 (CPUT) and for the first time will give consumers a new direct civil right of redress against […]

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[Amethyst]

Re: CPUTR covering Civil Recovery??

The definitions will make civil recovery from those accused of crimes such as shoplifting more difficult and undermines the work of retailers to deter business crime.
Respondents involved in the civil recovery industry thought that the new right would give those accused of shoplifting or other minor offences, the ability to avoid civil recovery as they could claim that any claim for a damages as a result of their actions was aggressive and they were being bullied by the loss prevention company.
Respondents felt that consumers were often at risk of being bullied by business and civil recovery agents. In particular passengers without a valid ticket for travel who are threatened with court action unless they pay large administration fees, even when the business has suffered no loss.
One respondent thought that the regulations were giving too many rights to those accused of a crime.
The Government Response: The Government does not believe that the new right makes it more difficult to recover civil damages from those accused of shoplifting or other crimes. To use the new rights a consumer would have to show that they had been the victim of a misleading or aggressive practice by a trader. To seek compensation the consumer would have to prove their case in court. It would not be enough for them to just say that they were ‘aggrieved’ by being asked to compensate a business they had shoplifted from.

[Amethyst]

Re: CPUTR covering Civil Recovery??

(9) After that paragraph insert—
“(1A) A trader (“T”) who demands payment from a consumer (“C”) in full or partial settlement of C’s liabilities or purported liabilities to T is to be treated for the purposes of these Regulations as offering to supply a product to C.
(1B) In such a case the product that T offers to supply comprises the full or partial settlement of those liabilities or purported liabilities.”.



https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/300129/bis-14-693-consumer-protection-amendment-regulations-2014.pdf

[Amethyst]

Re: CPUTR covering Civil Recovery??

The final regulations introduce new rights for consumers to seek redress when they have been the victims of these practices. They will come into force on 1 October 2014 and we will publish guidance on the new rights in summer 2014.

[Amethyst]

Re: CPUTR covering Civil Recovery??

Definitions

• Product has been extended to include digital content. This definition has also been extended so that a trader who demands payment from a consumer in full or partial settlement of the consumer’s liabilities or purported liabilities to the trader is to be treated as if it is offering to supply a product to the consumer. These settlement offers are defined as ‘Payments for Settlement’
• Trader will mean “a person acting (personally or through an agent) for purposes relating to that person’s business” (the current CPR definition is “any person who in relation to a commercial practice is acting for purposes relating to his business, and anyone acting in the name of or on behalf of the trader”)

So in my mind that means that the invoice from RLP is demanding payment in full or partial settlement of the consumers purported liability to the trader. Therefore is treated as a Product and is covered by the CPUTRs.

[Amethyst]

Re: CPUTR covering Civil Recovery??

see http://www.legalbeagles.info/forums/...cial-practices