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Re: RLP
Thanks Kati
This is what I sent to Michael Sharp about a year ago, I chased it up three times and got sod all back - he might have left Debenhams by now I guess. I sent pretty much the same to Tesco and TK Maxx to the same end. Maybe needs a different tactic.
Thanks Kati
This is what I sent to Michael Sharp about a year ago, I chased it up three times and got sod all back - he might have left Debenhams by now I guess. I sent pretty much the same to Tesco and TK Maxx to the same end. Maybe needs a different tactic.
From:
To: michael.sharp@debenhams.com
Subject: FW: Civil Recovery - Misleading and aggressive commercial practices
Dear Mr Sharp
I have attached letters sent to one of your customers within the last few days in your name for your review. The ''offence'' that warrants this kind of letter being sent to your customer was an unproven accusation of switching a price tag on a wallet, which was picked up at the checkout, and the item not purchased, or taken, and presumably returned to the shelf for sale.
I am aware that Debenham's uses the services of a Retail Civil Recovery firm. On 1 October, the Consumer Protection (Amendment) Regulations 2014 will amend the Consumer Protection from Unfair Trading Regulations 2008, extending the definition of a ‘transactional decision’ and giving consumers new private remedies where a trader uses misleading or aggressive commercial practices. And guidance on the 2014 Regulations (copy attached), published by the Department for Business Innovation & Skills (BIS) on 14 August, expressly states that, as a result, civil recovery “is now clearly covered” by the consumer protection regime established by the 2008 Regulations.
The Regulations amend the definition of a “transactional decision” to expressly cover demands for payment from a consumer in full or partial settlement of the consumer’s liabilities or purported liabilities to the trader (see reg 2(1A) of the 2008 Regulations). This means that misleading and aggressive practices in respect of such demands would now clearly lead to both criminal sanctions (under the 2008 Regulations), as well as private redress (under the Regulations).
For example, so-called “civil recovery” where a consumer is accused of shoplifting, and is asked to pay a standard fixed fee to avoid prosecution, can fall in this category, is now clearly covered.
I thought you should be aware of the guidance as there is obviously a reputational risk to stores that make use of Civil Recovery firms.
Kind regards
n
To: michael.sharp@debenhams.com
Subject: FW: Civil Recovery - Misleading and aggressive commercial practices
Dear Mr Sharp
I have attached letters sent to one of your customers within the last few days in your name for your review. The ''offence'' that warrants this kind of letter being sent to your customer was an unproven accusation of switching a price tag on a wallet, which was picked up at the checkout, and the item not purchased, or taken, and presumably returned to the shelf for sale.
I am aware that Debenham's uses the services of a Retail Civil Recovery firm. On 1 October, the Consumer Protection (Amendment) Regulations 2014 will amend the Consumer Protection from Unfair Trading Regulations 2008, extending the definition of a ‘transactional decision’ and giving consumers new private remedies where a trader uses misleading or aggressive commercial practices. And guidance on the 2014 Regulations (copy attached), published by the Department for Business Innovation & Skills (BIS) on 14 August, expressly states that, as a result, civil recovery “is now clearly covered” by the consumer protection regime established by the 2008 Regulations.
The Regulations amend the definition of a “transactional decision” to expressly cover demands for payment from a consumer in full or partial settlement of the consumer’s liabilities or purported liabilities to the trader (see reg 2(1A) of the 2008 Regulations). This means that misleading and aggressive practices in respect of such demands would now clearly lead to both criminal sanctions (under the 2008 Regulations), as well as private redress (under the Regulations).
For example, so-called “civil recovery” where a consumer is accused of shoplifting, and is asked to pay a standard fixed fee to avoid prosecution, can fall in this category, is now clearly covered.
I thought you should be aware of the guidance as there is obviously a reputational risk to stores that make use of Civil Recovery firms.
Kind regards
n
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