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Consumer protection and new laws on home visits
13.01.2010
The EU Services Directive
At the end of 2009, the Services Directive quietly came into force imposing additional requirements on companies. Businesses within the service sector need to put into effect the new rules which concern access to information about the company and its complaints procedures. The deadline for compliance was 28 December 2009.
The EU Services Directive aims to break down barriers to cross border trade in services between countries in the EU. It is designed to make the working lives of small and medium sized businesses easier when dealing within Europe.
Failure to comply can lead to vulnerability, litigation, failed contracts and potential financial loss for the company concerned. It is wise to ensure that your company complies (as it already may), in order to avoid potentially costly and commercially damaging difficulties in the future.
Sanders Witherspoon LLP are able to assist businesses that need to comply. To find out whether the Directive applies to your business and how we can ensure it complies, contact the Firm.
Home visits
While no one was looking, the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008 recently celebrated its first birthday.
The effect of the Regulations is to provide tighter rules for the suppliers of goods and services agreed at people’s homes and afford greater protection for those in receipt of them.
In essence, a cooling-off period of 7 days has been given to consumers in which to cancel an agreement with a ‘trader’.
The meaning of the word ‘trader’ is broad and includes everyone from workmen to Solicitors. There are some exceptions under the Regulations, however if you are not one of these you may find you cannot recover unpaid bills for work you have done and worse still may be prosecuted and fined.
Traders who are not exempt must inform a consumer that they have the right to cancel the contract at any time within a week of entering into it. If they express their wish to cancel within that time, the contract ends and no payment is due.
Consumers are using the act to avoid liabilities for contracts they have benefited from. Courts are enforcing the remedy. If you are a consumer it pays to find out if you are covered. If you are a Trader you ought to find out if you are an exempt class and if not what you need to do to ensure you get paid in full for the work you do or the goods you supply. Sanders Witherspoon are able to assist and provide specialist advice.
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