Trading Standards

Highland Council Warn of Council Tax Phone Scam

Warning on new council tax phone scam (22/08/11)

http://www.highland.gov.uk/yourcouncil/news/newsreleases/2011/August/2011-08-22-01.htm

Trading Standards Officers from The Highland Council are warning residents that a Council Tax scam may be operating in the region.

The scam involves unsuspecting consumers receiving a phone call from an individual pretending to be from the Council or from the UK Treasury and offering a refund on their Council Tax. In one instance reported to Trading Standards, the caller stated the consumer had been selected because they have been in employment and paid income tax over a period of time and were entitled to a reward in the form of a Council Tax refund of between £5000 & £7000.

Next comes the “catch”. The consumer is told that an upfront payment of £95 is required to process the refund. The scammers then ask for the resident’s bank details to collect a payment or issue the promised refund. The caller also offers to arrange a visit to the resident’s home within the hour to collect the £95 in cash, if this is more convenient to the resident, and then send a cheque for the refund.

David MacKenzie, Trading Standards Team Leader at Highland Council said: “This council tax scam is an example of an ‘advance fee fraud’. Advance fee fraud is when fraudsters target victims to make advance payments for goods, services and/or financial gains that do not materialise. Almost all of these scams rely on payment being made online or via money transfer companies. This particular scam introduces a worrying new development in that there may be fraudsters on the ground in the Highland Council area able to travel to the consumer’s home to collect the money in person.”

Trading Standards have also reported this matter to the Police. Inverness Area Commander, Chief Inspector Graeme Murdoch, said: “We share Trading Standards concern about the cash collection service offered by these individuals and would remind members of the public to remain vigilant against this type of crime. I would reiterate the advice given by Trading Standards and urge people to contact their local police station if they feel they have been the victim of such a scam.”

David MacKenzie added: ”We urge Highland residents not to be conned by these scammers and to hang up the phone when they receive this sort of call. Finally, if you are a carer for a vulnerable person please let them know about this scam.”

Council Tax payers are also reminded that the local authority may phone them to discuss tax issues, but not in the manner used by the scammers. A spokesperson for Council Tax in Highland explained: “We also want people to be on their guard for this sort of scam but do remember that Highland Council staff may legitimately telephone residents to discuss council tax payments. The key difference of course is when we phone we have some of the resident’s details to hand. If you have any doubt as to the authenticity of the call, please call the Council’s free phone council tax helpline on 0800 393811.”

Concerned residents can contact The Highland Council’s Trading Standards service at 38 Harbour Road, Inverness or telephone Consumer Direct on 08454 04 05 06 for free and confidential advice regarding consumer issues.

ENDS

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Business directory scams – what you need to know

May 27th, 2011

by editor.

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Highland Council Trading Standards Service receives regular calls from concerned businesses regarding marketing and publishing scams.

Our advice to all business is to be on your guard when you or members of your staff respond to phone calls, emails, text messages and faxes.

Rogue publishers who are determined to sell advertising space, relentlessly bombard businesses with phone calls and text messages. Publication ‘opportunities’ can come in may guises include advertising space in charity leaflets, wall-planners, crime prevention diaries, drugs awareness leaflets for schools and the old favourite of business directories.

Both small and large business can be affected by this scam and operatives expertly use misleading patter that is often carefully scripted, to sell advertising space in various types of publications. Costs to your business can range significantly from about £100 to £1,000, depending upon the size of advert.

So how do you spot if your business has been targeted by a scam? Here are some telltale signs on what to look out for and information on how to protect your business.

The business directory scam

Probably one of the most prevalent scams affecting UK businesses is the business directory scam. The business directory scam relates to business listings either in published directories, electronic directories (CD-ROMs) or on websites.

One example of such a scam was the offer of a ‘Free’ CD-Rom directory. The first issue was ‘free’ but after checking the small print, the business found that they had agreed to pay £661 for a further three issues.

These types of contracts may well be legally binding so it is important not to commit your business to any contract for advertising until you have read all the terms and conditions of the contract.

The ‘Pitch’ – Invoices and demands for payment.

Official-looking invoices are sent in the post offering to advertise your business in a “free” listing or asking if you wish to continue being included in a hard copy or online business directory. These might appear to be simple requests inviting a free listing but beware you are not tricked into signing a document thinking it to be an application for a free entry in a Guide. You may be asked to check the details about your business, or be informed that an employee of yours has requested the form. You will be told to return the form even if you do not want to place an order.

Be on your guard against such invoices and documents and warn your staff to check out all requests for confirmation of information of your business and requests for payment.

Remember – you are more likely to become a repeat victim of this type of scam if you do pay. You may be opening up your business to a series of scam phone calls in the future.

The con

In the small print of any invoice or contract, it will state that by signing the form you are committing to an order. If you sign and return the form you are agreeing to pay for ongoing entries in the directory, for periods costing hundreds of pounds per year. The publisher may try to enforce this debt by sending threatening ‘debt collection’ letters.

How to protect your business against marketing scams

* Always carefully read the small print in any business directory offer to be clear about what you are being offered and how much it might cost you.

* Don’t be pressured into paying for services that have you have not agreed to or have not been provided.

* If you receive demands for payments for something you believe you have not ordered, send a written reply, stating clearly why you feel you do not owe any money. Always keep a copy for your records.

* If you are threatened with a debt collection or a credit ‘black-listing’, remember that ultimately only a court can decide whether you are liable to pay and disputes with other businesses would not necessarily affect your credit rating.

Victims of business directory scams are known to have received threatening letters which have stated:

“…this is your last chance to pay. Attached is a summons we have obtained to take you to court if you do not pay now…”

The document that accompanies such letters is not usually an actual ‘Court Summons’, but a copy of an application form that must be submitted to a civil court to request a hearing. Some victims have been limited companies and the scammers involved threaten to start insolvency proceedings by applying to the courts for a ‘winding up order’.

Always seek legal advice before responding to such demands.

Unfortunately, many direct mail scammers are based overseas, so they are unregulated and largely beyond the reach of UK authorities. For this reason it is important that you know what to look out for to protect your business from falling victim.

If you feel that you have been a victim of a business scam or would like to know more on how to protect your business from publication scams contact Highland Trading Standards on 01463/228700 or visit our offices at:

Highland Council Trading Standards
38 Harbour Road
Inverness
IV1 1UF.
Telephone No: 01463/228717

For further Highland Trading Standards news please go to: www.highland.gov.uk/tradingstandardsnews <http://www.highland.gov.uk/tradingstandardsnews.htm>

Note: Highland Council Trading Standards is part of Transport, Environment and Community Service, Highland Council, Glenurquhart Road, Inverness

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Crimestoppers Crackdown on Counterfeiting in Inverness, Scotland

Nov 23rd, 2010

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Scotland Crimestoppers launched a campaign this week to tackle counterfeiting and raise awareness of the more serious links it has to organised crime.

Jim Ferguson – Chair Crimestoppers H&I, Supt Ian Arnott and Gordon Robb – Manager of Trading Standards

With Christmas approaching and the effects of the last recession still hitting hard, there is often a greater temptation to buy fake goods, however few understand the consequences and serious implications behind counterfeiting.

In a recent survey conducted by Scotland Crimestoppers thirty per cent of people questioned said they didn’t know that buying fake goods might fund serious organised crime. Ninety one per cent said they wouldn’t buy a fake good if they knew it would fund criminals or criminal activity. Eighteen per cent of those questioned admitted that they had bought fake goods in the past.

Jim Ferguson, Scotland Crimestoppers Highlands and Island Chairman said: “Christmas is a time when many are trying to find ways to reduce costs. I would urge the public not to be tempted to buy often cheaper fake goods. The consequences are far wider than the simple transaction. It can fund serious crimes such as human trafficking and drug crime which can harm our community.

Anyone with information about counterfeiting should call Crimestoppers anonymously on 0800 555 111 or use the online anonymous form on www.crimestoppers-uk.org. With the publics help we can make big steps in cracking down on this type of crime across Scotland.”

The campaign is being run with the support of the Scottish Crime and Drug Enforcement Agency (SCDEA), Home Office, Serious Organised Crime Agency (SOCA), Federation Against Copyright Theft (FACT), the Bank of England, Film Distributors Association (FDA) and Pentland.

A dedicated mircrosite – www.fakesfundcrime.org.uk has been produced which has information on each strand of the campaign and information about the serious organised crime links, harmful affects, fraudulent activity and videos.

Kate Johnston, Scotland Crimestoppers National Manager added:
“We are also being supported by the SCDEA on this campaign. I hope that it will be as successful as the Cannabis Cultivations campaign earlier this year which was also with the support of SCDEA. The success of this resulted in 141 people calling the charity in a four week period with information about cannabis cultivations which led to numerous arrest and seizures.”

Supt Ian Arnott, Northern Constabulary’s East Divisional Commander based in Inverness said:
“We are grateful for the support of Crimestoppers in highlighting this issue. Just because the Highlands and Islands have a low rate of crime it does not mean we can be complacent to the possibility of counterfeit goods coming into this area.

The people who sell fake goods are often linked to other types of crime such as the supply of illegal drugs which blight our communities. I would urge anyone with information about people selling fake goods to pass this on to Crimestoppers so we can take action.”

Detective Chief Inspector Ronnie Megaughin, head of Interventions, SCDEA said:
“The significant profits that are generated by counterfeiting benefit no-one other than the criminals behind it. Those who are involved in producing and selling fake goods are very often also responsible for pushing drugs in our communities, forcing people into the sex trade and cultivating cannabis in our neighbourhoods, not to mention the fear intimidation and violence associated with this criminality.

The public have a vital role to play in assisting the authorities in clamping down on these rogue traders. They can refuse to buy these illegal and often unsafe products, and they can anonymously share what they know about the people involved in this crime by contacting Crimestoppers. Even the smallest piece of information can be
the key to unlocking a much larger criminal network.”

Liz Gilchrist Vice Chair of Inverness Crime Prevention Panel added “We as a panel, are very happy to support this initiative. It is good to see all of the prime agencies working together in an effort to stamp out this growing problem”

Dougie McClounie of SCDEA displaying an example of some Counterfeit Goods

Fakes fund crime

Counterfeiters make many different types of fakes. One thing these producers have in common is that they are all criminals.

Organised gangs are increasingly pursuing several different criminal activities at the same time and using the proceeds from each form of crime to invest in the others.

Producing fakes is a crime in itself, but counterfeiting is also sometimes linked to other types of crime including:

Human trafficking
Gun and weapon possession
Drugs
Money laundering
Benefit fraud

It was estimated in 2007 that around 70% of the £1.3 billion made from intellectual property crime flowed back to organised crime.

If you buy fakes, the money you spend on them is likely to benefit criminal gangs and could damage the neighbourhood you live in.

More about the crimes linked to fake DVDs, fashion and tobacco.

Help fight fakes

You can help fight fakes by calling charity Crimestoppers anonymously on 0800 555 111. Tell us who is dealing in fakes. We won’t take your name or ask who you are. We only want to know what you know, not who you are. You can also pass on information anonymously online using our secure online form.

Fake goods harm you

Counterfeiters don’t limit themselves to fake designer handbags and clothing. Electrical products, power tools, food, toys and sports equipment are also faked with potentially dangerous consequences for you as a consumer.

Fake goods are both imported and made here in the UK. Domestic production often takes place in rented office buildings that have been converted into makeshift ‘factories’. The conditions in these factories are often unsafe and unhygienic – this makes the production of fakes dangerous for not only workers but also the end user.

Fake alcohol

Fake alcohol can contain methanol, a chemical that can cause blindness, coma and death. Counterfeit bottles of alcohol often imitate well known brands in an attempt to reassure people that the product is safe.

In May 2009 2,700 bottles of counterfeit vodka were seized from a business park in Haringey, London. There was evidence that large quantities of antifreeze had been used in its manufacture.

Fake beauty products

Fake beauty products often contain sub-standard ingredients that could give you a rash or an allergic reaction. Some bottles of fake perfume have even been found to use ingredients like urine as a stabiliser.

Look out for products sold in packaging featuring spelling or grammatical mistakes. Always buy your beauty products from a trusted source to help keep you safe from fakes.

Fake electronics

Electrical goods sold in the UK are subject to stringent safety testing. Counterfeit electrical goods often sidestep these testing requirements. This means fake electrical goods, including hair straighteners, mobile phones and camera chargers, may contain unsafe wiring that can lead to over-heating, creating risks of fire, electrocution and personal injury. Fake electrical goods may even be labelled with fake certification marks, so you think that they are safe.

Fake toys

Children’s toys are subject to strict safety testing. Counterfeit toys often will not have been tested. As a result fakes could contain small parts that are a choking hazard.

Buying fake goods online puts you at risk of fraud and identity theft.

Fake goods – you’re at risk

Fashion merchandise, DVDs and electrical goods are just some of the types of fakes often purchased online. The people who buy these goods are often unsuspecting and think they are getting a genuine product.

Identity theft and credit card fraud

Entering your debit or credit card details into a website that deals in fakes means that you are essentially giving your card details, your address and your name to criminals.

To ensure your card details remain safe, make sure that you only buy goods online from authorised retailers. Getting a pair of shoes for half price may seem like a quick bargain but now that you know that you’re putting your bank card at risk you’ve got to ask – “Is it really worth it?”

Know your rights

If you buy online from businesses registered in the UK you are legally entitled to return any goods bought within seven days (even if you just change your mind). You are also entitled to return the goods if they are faulty.

If you buy an item and realise it’s a fake, getting a refund can be difficult. Often fakes are sold through websites based outside UK; these websites aren’t subject to the same laws as sites based here.

Shopping online

If you are going to shop online:

Buying from companies registered in the UK can help keep you safe as you’ll have more legal rights.
Try and buy from a brand’s official website or from an authorised seller of the product.
‘https’ on the web site address means the site is secure – the ‘s’ in https stands for secure. The padlock on the payment screen is also a mark of security.
Just because a URL ends in .co.uk doesn’t mean the business is registered in the UK.
Search web addresses using Who Is – a database of who owns what domain names and where they are based or go to the UK’s register of domain names at www.nominet.org.uk. You can also click on ‘Howard’ the Online Shopping Assistant at www.ukecc.net.
Always take a copy of the web pages and keep any correspondence as evidence, either electronically or on paper.
Using a credit card for payments over £100 will also provide extra security.

Fake goods – you’re at risk

Identity theft and credit card fraud

Entering your debit or credit card details into a website that deals in fakes means that you are essentially giving your card details, your address and your name to criminals.

Know your rights

Shopping online

If you are going to shop online:

Buying from companies registered in the UK can help keep you safe as you’ll have more legal rights.
Try and buy from a brand’s official website or from an authorised seller of the product.
‘https’ on the web site address means the site is secure – the ‘s’ in https stands for secure. The padlock on the payment screen is also a mark of security.
Just because a URL ends in .co.uk doesn’t mean the business is registered in the UK.
Search web addresses using Who Is – a database of who owns what domain names and where they are based or go to the UK’s register of domain names at www.nominet.org.uk. You can also click on ‘Howard’ the Online Shopping Assistant at www.ukecc.net.
Always take a copy of the web pages and keep any correspondence as evidence, either electronically or on paper.
Using a credit card for payments over £100 will also provide extra security.

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Interested in Crime Prevention?

Oct 29th, 2010

by editor.

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Inverness Crime Prevention Panel is a Charity which works in partnership with many organisations, including Northern Constabulary and Highland Council.

We are all volunteers who give a little time to educate and inform the public on how to keep themselves and their property safe.

Have you skills which may help or ideas for input? eg., Fund raising or Project Organising?

We are always interested in anyone who would like to help at various events we are involved with – from leaflet distribution to security marking of mobile phones and computers through to talking to young people and the elderly about personal security.

Can you support us in our efforts on projects?

If you feel you can assist us please contact us on 01463 772692 or email info@icpp.co.uk

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Refunds and Returns – A guide for businesses.

Sep 29th, 2010

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Highland Council Trading Standards not only offer free and confidential advice to consumers, but to businesses as well.
One of the most common questions dealt with by enforcement staff from a business is “When do I have to give a refund?”

Of course there is not definitive answer as to when a business should give a consumer a refund of monies but here is a quick step guide for businesses on ‘refunds’ and ‘returns’ issues:

Knowing your customers rights!

Under the Sale of Goods Act 1979 (as amended), consumers have certain implied statutory rights if they buy goods from a trader or business. Briefly goods must be:

* of ‘satisfactory quality’ – which generally means that the item should be free from fault or defect and as well as being fit for their usual purpose, of a reasonable appearance and finish, safe
and durable.

* ‘fit for the purpose’ – as well as being fit for the purpose for which they are generally sold, goods should also be fit for any specific or particular purpose made known at the time the contract is made.

* ‘as described’ – goods should correspond with any description applied to them – this could be verbally, words or pictures on a sign, packaging or an advert.

Therefore, a consumer may be entitled to a refund, replacement, repair and/or compensation where goods are faulty or not as described. However different consumer rights apply where goods are either bought online or purchased in a retail shop.

For instance, when a consumer has bought an item of clothing in a retail store, and later discovers that it is the wrong size or they have changed their mind, there is no automatic right for the consumer to return the goods and receive a refund. Consumers do have certain cancellation rights, however, if they buy goods from mail order catalogues or over the internet, and where a contract to buy goods has been concluded in the consumers own home (e.g doorstep selling).

Restrictions and Exclusions

Businesses cannot restrict a consumers legal rights or try to take these away from them by use of an exclusion cause in a contract of by the terms of shop notice. Since the introduction of the Consumer Protection from Unfair Trading Regulations 2008 it is a criminal offence to mislead a consumer about his/her legal rights.

The following are examples of statements that are likely to mislead consumers about their rights:

* “No refunds given”.

* “Goods can only be exchanged”.

* “Only credit notes will be given against faulty goods”.

* “Sold as seen”

Even the statement ‘No refunds except where goods are faulty’ would be considered illegal, as there are a number of cases where a consumer can claim a refund on non-faulty goods (e.g. misdescribed goods). Businesses are advised to avoid using these terms whenever possible and to seek advice about putting in place a clear ‘returns’ policy.

Returns Policy

It can be difficult to draft and display in a notice, a meaningful returns policy, which provides the consumer with useful information, protects business interests and adheres to consumer protection
legislation.

For this reason, it is often said that ‘the best notice is no notice’,. However, this is also not always practical for businesses who want to inform and treat all customers fairly.

Here is an example of an appropriate ‘returns policy’ for a business. This information may be shown on receipts or on a notice may state the following:

“Returns Policy. If you change your mind about your purchase, please return the unused goods to us with the original till receipt within 14 days, and we will offer you an exchange or a credit note. This does not affect your legal rights, including your right to claim a refund, replacement, repair and/or compensation where the goods are faulty or
misdescribed.”

Remember, however, a business cannot impose any conditions where the consumer has a legal right to return goods.

Manufacturers guanrantees

Some goods come with their own manufacturers guarantee. The terms of such guarantees can vary but are meant to enhance a consumers statutory rights. Guarantee terms can be used as an alternative means of resolving a consumer complaint.
However, if goods are found to be faulty, midescribed or not fit for a particular purpose, then the consumer has legal rights against the retailer as discussed above.
Likewise, businesses cannot use the duration of a guarantee to limit consumers’ rights. Consumers are entitled to expect goods to remain of satisfactory quality throughout their reasonable life expectancy, so long as they are maintained correctly and not misused.

Businesses must provide, on request, a written copy of any guarantee terms offered along with instructions and care advice of the item, where appropriate. Any such guarantee must include the following particulars:

* The name and address of the person giving the guarantee.

* The contents of the guarantee (i.e. what it covers, which countries it applies in, and what you will do when a claim is made).

* The duration of the guarantee.

* How to make a claim.

* A statement that the consumer has statutory rights that are not affected by the guarantee.

Highland Council Trading Standards offer free and confidential advice to all businesses within the Highland geographical area. Businesses can contact Highland Council Trading Standards by telephone on 01463/228700

or by email at: trading.standards@highland.gov.uk
or alternatively visit or write to Highland Council Trading Standards, 38 Harbour Road, Inverness IV1 1UF.

For further Highland Trading Standards news please go to www.highland.gov.uk/tradingstandardsnews
<http://www.highland.gov.uk/tradingstandardsnews.htm>

Note: Highland Council Trading Standards Service is part of Transport, Environment and Community Service, Highland Council, Glenurquhart Road, Inverness

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Before you Spend, Spend, Spend this Christmas – know your consumer shopping rights!

Nov 25th, 2009

by editor.

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The countdown to Christmas is now underway and shoppers only have a few weekends left before the big day to make all their purchases. Christmas shopping lists not only include gifts for family and friends but essential food shopping for parties, Christmas dinners and lunches.

Some shoppers may take the option to shop on-line this Christmas in order to beat the car park queues and crowds thronging around the busy towns throughout the Highlands.

As a shopper, whether you buy on-line or shop till you drop a reminder of what your shopping rights are
(…..and your shopping wrongs) may save you time and money this Christmas!

In preparation for your Christmas spending spree here are some steps to take to keep the shopping experience less frantic:

Making a list

* Make a list of all the people you want to buy gifts for and how much you want to spend on each person.
Having a shopping budget to work from means you don’t overspend unnecessarily.

* Do buy several small gifts for those unexpected gifts you might receive.
A few boxes of shortbread or chocolates ready wrapped means you can deal these unexpected demands on your wallet or purse without being sent into another shopping panic.

Shopping online

* Online retailers have up to 30 days to deliver goods unless otherwise agreed.
Sso it’s worth doing your online shopping early enough to make sure your goods arrive in time for Christmas.
If you want your goods to arrive before Christmas, make sure this is guaranteed by the retailer.

* Remember that when shopping online, you may have a 7 day cooling-off period in which to return goods.
But always check terms and conditions of the seller on-line to make sure there are no exclusions to these rights.
REMEMBER YOU DON’T HAVE THE SAME RIGHTS WHEN YOU SHOP ON THE HIGH STREET.

* Be safe online.
Make sure you know where the internet trader is based and that your payment is protected before you pass over your credit or debit card details.

* Keep a copy of your order.
Print off your order and terms and conditions at the time your order is made.
Keep this information safe for future reference and don’t forget to check your emails (and spam email folder) for updates on delivery of your goods.

* Remember when shopping for food and other perishables (such as flowers) you cannot cancel your order at a later stage.
However if food arrives and it is not of a satisfactory quality or it is late then you may have a claim against the internet trader.

Shopping on the High Street

* KEEP YOUR RECEIPT!
Get into the habit of putting aside your Christmas shopping/gift receipt for everything you buy.
Use a spare wallet or purse to keep these items in and keep it safe.
If goods become faulty or you have to return a gift for any other reason,
i.e. the recipient does not like the colour or it does not fit for instance, you will need proof of purchase.

* Don’t be fooled by cheap bargains.
Remember a lot of shops may buy in cheap goods for Christmas in order to increase their profits.
Price can be used as a guide as to quality in most instances.
Buy wisely and don’t get carried away by ‘Special Offers’ or ‘Bargain Reductions’.
Examine the goods carefully, including care or assembly instructions before you buy.

* Remember not all shops offer a ‘returns policy’.
It is up to you to check if you can return unwanted gifts to the shop for a refund BEFORE you buy.

Know Your Consumer Rights

* If you find the goods you have bought are faulty or they become faulty you do have the right to ask for a refund or a replacement or a free repair.
Go back to the shop or contact the business you bought the goods from and complain to them, in writing if necessary, and give a time limit for the trader to look into the matter.

* For purchases over £100 a good tip is to use your credit card.
Under the Consumer Credit Act 1974 as amended, if buy goods worth more than £100 in a single transaction, the seller and the finance company are equally liable.

* If you buy goods in a ‘sale’ your statutory rights are not affected.
However, if the reduction in price is due to a fault that has been brought to your attention then you will not be able to reject the goods and get your money back or a replacement.

* Remember your rights are against the seller, not the manufacturer.
So don’t be put off complaining to the shop or the business you bought your goods from.
The seller is responsible if goods become faulty.

More information about your rights can be found on:
www.consumerdirect.gov.uk
or if you have a consumer problem you wish to discuss with an adviser you can contact Consumer Direct Scotland on :
08454 04 05 06 0800 to 1830 Monday to Friday and 0900 to 1300 Saturday.

Consumer Direct is supported by local authorities in Scotland, and by the Department of Trade and Industry

How to contact us

Our consumer advice policy

Safety warnings

Guidance notes and leaflets

Office of Fair Trading

Other useful contacts

If you feel your rights have been restricted, please contact:
Highland Trading Standards,
38 Harbour Road, Inverness, IV1 1UF.,
Telephone No: 01463/228717

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What to do when a company has gone into administration – advice for consumers

Nov 12th, 2009

by editor.

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Unfortunately, due to the current financial climate, more and more companies are going out of business, and this can leave many consumers out of pocket. Consumers may have ordered goods from a company and paid a deposit only to find out later on that the business has gone into administration.

Often consumers do not know what steps they can take to try and get their money back or who to contact to make a claim for their money.

Here are a few suggestions for consumers that may help:

* Find out whether an Administrator has been appointed – details can often be found on the company’s website, or in the press.

* If an administrator has been appointed, then consumers can write to them and lodge their claim. Consumers should attach copies of any paperwork, such as an ‘Invoice’ or ‘receipt’ as this may help prove they have a valid claim. Consumers should always keep copies of their correspondence safe as well as any original documents.

* Consumers using credit cards are protected under S75 of the Consumer Credit Act 1974. If a consumer has purchased an individual item over £100 (but not more than £30,000) using their credit card then they have an ‘equal liability’ claim against the credit card firm. Consumers should write to the credit card company, attaching copies of any paperwork which may help prove their claim.

* Consumers who have purchased goods using a Visa debit card or a Mastercard debit card, should contact their bank to check if they are able to be reimbursed under a ‘Charge Back Scheme’. However, consumers will need to contact their bank within 120 days of realising that there is a problem. It is important to note that unlike the protection offered when using a credit card, there is no legal obligation on the bank when payment has been made using a debit card, it is merely a scheme.

If consumers are unsure or what steps to take to try and get their money back when a business goes into administration or ceases to trade, they can contact Consumer Direct Scotland on 08454 04 05 06 for more advice.

Consumers can also visit or write to Highland Council Trading Standards Service, 38 Harbour Road, Inverness IV1 1UF.

Note: Highland Council Trading Standards Section is part of:
Transport, Environment and Community Service, Highland Council, Glenurquhart Road, Inverness

Mrs Glenys Brown

Trading Standards Officer

Highland Trading Standards Unit, 38 Harbour Road, Inverness, IV1 1UF

Telephone No: 01463/228717

Email: glenys.brown@highland.gov.uk

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Shoppers Urged to Ensure Sale Bargains Measure Up

Dec 18th, 2008

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The Highland Council is offering advice to shoppers ahead of the Christmas sales, reminding them that they have the same rights when they buy goods in a sale as at any other time of year. Some tips offered by Trading Standards officers are:-

* Be aware that If goods are faulty or do not match their description, the shopper may be entitled to a refund, replacement or repair.
* Always remember that if goods are faulty it is the retailers’ responsibility to sort the matter out and not the manufacturers.
* Be aware that if a receipt is lost, your rights still apply. An alternative proof of purchase will be necessary such as a credit card bill or bank statement.
* Think about using a credit card when purchasing items costing more than Â£100, as you will get extra protection from your credit card company should problems arise.
* Be wary of sale offers that seem too good to be true.Â Look out for the small print on advertisements and don’t rush into making a purchase.
* Check if sale items are reduced because they are damaged or have defects.Â If this is marked on the label, the shop doesn’t have to take it back.
* Always check what the retailer’s returns policy is during a sale. Remember that if you simply change your mind about a purchase, the retailer is not obliged to offer you a refund or an exchange. Many do offer a replacement or credit note, but this is a goodwill gesture and not a legal requirement.

Consumers should also look out for ‘No Refunds’ notices or other restrictive wording sometimes written on receipts or gift vouchers.

Some of these notices or terms can mislead consumers about their rights.

While the shopper is not entitled to a refund by changing their mind, they may be entitled to a refund if the goods bought turn out to have faults they were not told about.

The Highland Council Trading Standards Unit would like to hear from any consumer who may feel that their rights have been restricted or they have been misled after buying goods in a sale.

Highland Trading Standards offices will be closed as from 24th December 2008 and will reopen on Monday 5th January 2009 and would like to wish all Highland consumers a Happy Christmas.

Consumers can check their rights before heading for the shops and should log on to:
www.consumerdirect.gov.uk or call 08454 04 05 06

Alternatively consumers can visit or write to Highland Council Trading Standards at:
The Highland Council Trading Standards, 38 Harbour Road, Inverness

Notes to Editors:

The Highland Council’s Trading Standards is part of the Transport, Environment and Community Service, The Highland Council, Glenurquhart Road, Inverness. Consumer Direct is a telephone and online consumer advice service managed by the Office of Fair Trading. It offers consumers clear, practical and impartial advice and information.

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Highland Trading Standards Scotland – Welcome new doorstep selling rules!

Oct 1st, 2008

by editor.

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Cooling off periods and cancellation rights have been simplified by the introduction of a new piece of legislation which will come into force on the 1^st October 2008.

Under previous legislation, The Cancellation of Contracts Concluded Away from Business Premises Regulations 1987 consumers were given a 7 day cooling off period and cancellation rights when they agreed to buy goods or services worth more than Â£35 from a trader during an unsolicited visit to their home.

However, unscrupulous doorstep callers over the years have tried to restrict consumer rights and avoid the necessity to provide a cooling off period as well as cancellation rights. A consumer would find that a contract would only be “cancellable” if the doorstep caller had made an “unsolicited” call to their home. The legal definition of ‘Unsolicited’ meant that either the seller called at the consumers’ home, uninvited, or the consumer agreed to a visit AFTER the seller phoned or visited without prior consent by the consumer.

By contrast a ‘solicited’ visit was defined as being a visit at the express request of the consumer. Therefore if a consumer contacted a trader after receiving a leaflet or “flyer” through their door or after responding to an advertisement, the consumer would be deemed to have “invited” the seller into their home and was not therefore entitled to a cooling off period or cancellation rights.

Consumer advice staff frequently have had to advise consumers that if they had invited salespersons into their home and agreed to work being carried out or if they had bought goods after inviting a seller into their home, they did not have the right to cancel and were legally bound to pay by the terms of the contract they had signed.

Tales of consumers trying to get rid of salesman who would not leave their home, unless a contract was signed are unfortunately not uncommon. Where consumers have signed a contract to get rid of a salesman thinking they could cancel later, they have been shocked to find out later that they had no right to cancel.

The introduction of new legislation will, it is hoped, prevent such misery occurring again. Under The “Cancellation of Contracts Made in a Consumer’s Home or Place of Work etc Regulations 2008″ all businesses, sellers and traders, who enter into a contract with a consumer at their home or workplace must give a 7 day cooling off period and cancellation notice.

These new rules will be effective from the 1^st October 2008 and will cover contracts that are made during solicited or unsolicited visits by traders.

The new regulations will apply to all contracts with a total payment of more than Â£35. These new rules also offer further protection to consumers in that cancellation rights must be given clearly in writing and prominently displayed in any written contract. Where no written contract exists the trader will still be required to give a written notice of these rights to the consumer.

This new change in the legislation will affect trades such as plumbers, joiners, electricians and possibly other tradesman where they have been invited by the consumer to provide quotes for work carried out in their home. All trades who carry out home improvements as well as sellers going door to door will now have to comply. There are exceptions to these rules however which are listed in the new regulations. An example of such an exception would be the seller of perishable goods such as foodstuffs or goods supplied to meet an emergency e.g. storm damage to a property.

Alistair Thomson, Head of Environmental Health and Trading Standards feels this is just what enforcement staff have been waiting for and these changes are long overdue. He explains:
“Consumers now have a safety net of a cooling off period. No longer do rogue traders have the advantage of loopholes relating to “Unsolicited”Â andÂ ” solicited”Â visits. My enforcement staff are ready to deal with those rogue traders who have previously been out of reach”.

He further warns:

“Those traders who fail to provide a written “Notice of the Right to Cancel” to consumers or those who fail to provide the information required by this new piece of legislation shall be committing an offence under the new rules relating to doorstep selling. Therefore not only will they be unable to enforce the contract against the consumer but, if prosecuted, could face a fine of up to Â£5000″.

Businesses who feel that they may be affected by this legislation are encouraged to contact Highland Trading Standards for advice. The Department of Business Enterprise and Regulatory Reform (BERR), formerly known at the Department of Trade and Industry (DTI) has provided assistance for businesses on their website: www.berr.gov.uk which includes forms relating to cancellation notices for consumers.

Mr Thomson continues:

“We would encourage all businesses to make themselves aware of the new legislation so they do not fall foul of the new requirements and to contact us if they feel they need further guidance.”

Both Highland businesses and consumers can contact Highland Trading Standards in person or in writing at:

Highland Trading Standards Unit

38 Harbour Road, Inverness, IV1 1UF

Or telephone: 08454 04 05 06

—————————————————————————————————————————-

Note to Editor:

A copy of the ‘Cancellation of Contracts in a Consumer’s Home or Place of Work etc Regulations 2008′ can be found at:
www.opsi.gov.uk/si/si2008/uksi_20081816_en_1

Further guidance for businesses can be found on the doorstep selling FAQ’s page which also lists the types of businesses who are exempt from these regulations.

Highland Trading Standards Service is part of Transport, Environment and Community Service, Highland Council, Glenurquhart Road, Inverness.

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Bank scam – Police issue cold caller warning to public

Sep 11th, 2008

by editor.

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NORTHERN Constabulary is warning householders not to give out any details to cold callers claiming to be from their bank following further calls over the past few days.

Last month Northern Constabulary highlighted a number of cases in Inverness where residents had significant sums of money removed from their accounts as a result of the scam.

Police are again urging householders, particularly the elderly, not to give out any details to individuals claiming to be from their bank, especially details such as bank account numbers, passwords and other sensitive information.

Officers would also ask members of the public to exercise extreme caution in relation to any telephone calls they may receive in relation to their bank accounts.

A Police spokesman said:

“There have been further instances over the past few days where cold callers have been claiming to be from a bank and asking for account details.

“This is not normal banking practice and no details of accounts, passwords or P.I.N codes should be discussed on the telephone.

“We would like to thanks members of the public for calling Police within information to date and would encourage them to continue to do so if they are concerned about calls they have received.”

Police say that if people are in any doubt with regards to the authenticity of calls they should take the name and phone number of the caller and call the Police.

Officers are continuing to carry out investigations into the reported incidents to date and the warning to the public extends to all areas of the Force. The public across the Highlands and Islands are asked to remain vigilant.

If anyone feels they may have been a victim of such a fraud they should contact:
Police on 08456 033388 or Crimestoppers anonymously on 0800 555 111.

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UK Trading Standards Warn About Holiday Club Scams

Jan 17th, 2008

by editor.

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Consumers travelling abroad for some winter sun are being warned to keep on their guard from scratch card touts offering holidays, cash or luxury consumer goods and Trading Standards Officers have issued reminders of the need to protect yourself against Holiday Club scams.

In order to claim these prizes consumers are invited to attend a small presentation or awards ceremony.

Unsuspecting consumers find that once they attend a presentation that they are subjected to high-pressure sales pitch to sign up for to a holiday club. 

Those who sign up to a holiday club may find that they have committed themselves to long running and expensive agreement, with little or no means of withdrawal or cancellation, afterwards. 

Very often the same deals on resorts and hotel being offered through the holiday club can be booked through a local travel agent at the same price. 

You may find it easy to get caught up in the excitement of winning a prize and  the sales representatives may be very good at persuading holiday makers that they will make big savings on holidays if they sign up immediately.   Unfortunately it is perhaps only when you come home from your holiday that you may realise the mistake you have made and bythat time it is too late.

Holiday Clubs are not subject to any cancellation rights unlike time share agreements which do provide such protection under The Timeshare Act 1992, as amended by the Timeshare Regulations 1997.

The Timeshare Act implements a European Directive and a number of European states have adopted protection for consumers.

Safeguards offered to consumers when buying a timeshare from a UK based company include:

* A 14 day cooling off period during which the buyer can cancel the contract;

* The seller may not ask for or accept any money from the consumer during the cooling off period, so no actual money changes hands, immediately;

* A brochure in the consumer’s preferred language setting out information about the timeshare so the buyer knows the full terms and conditions of the contract and is given time to examine these

* Written notice of the right to cancel the contract and a cancellation form, so the buyer can contact the seller quickly if they decide they do wish to cancel their agreement.

The UK now has its own European Consumer Centre, which is co-funded by BERR (Department for Business, Enterprise and Regulatory Reform).

Based in the UK the European Consumer Centre offers specialised advice on consumers rights for consumers when travelling abroad.

Their advice for to consumers who find themselves targeted by holiday club sellers is:

* Be cautious when you are told that you have won a holiday or cash, after all you have to question what is in it for the company and why are they appearing to be so generous?

* Be wary of anything that involves you having to attend a presentation, especially if you are told to bring a partner along.

* Don’t get taken in by the sales pitch and sign up as a method of getting away from the presentation.

The UK European Consumer Centre website offers more information on holiday clubs and any consumer problems relating to a cross-border purchase.

Log on to www.ukecc.net <http://www.ukecc.net/> . Consumers can also email for further advice at ecc@tsi.org.uk <mailto:ecc@tsi.org.uk> , or telephone them on 08456 04 05 03

Further advice on your consumer rights can be obtained from Consumer Direct Scotland on 08454 04 05 06 or by logging on to website:
www.consumerdirect.gov.uk <http://www.consumerdirect.gov.uk/>

Alternatively you can visit or write to your local Trading Standards office:

Highland Scotland Office:
Highland Trading Standards, 38, Harbour Road, Inverness, Scotland

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National Identity Fraud Prevention Week begins 8th October 2007

Oct 7th, 2007

by admin.

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National Identity Fraud Prevention Week begins on the 8th October 2007, and will bring with it a stark warning to the British public that they could, and should, be doing more to protect themselves from becoming victims of identity fraud.

Now in its third year, the campaign seeks to help prevent identity fraud by providing practical help, tips and guidance to safeguard your identity. This awareness drive has been put in place by an expert group of public and private sector partners, including the Metropolitan Police, CIFAS, Royal Mail, Federation of Small Businesses, Callcredit, Experian, Equifax, DVLA, Identity and Passport Service, BBA, HM Revenue & Customs, APACS, SOCA, City of London Police, the FSA and Fellowes. In addition, the campaign is supported by regional police forces across the UK.

Stop ID Fraud Information

For further information please contact:

Jenna Steff
jenna.steff@fleishmaneurope.com
020 7395 7167

Samantha Phillips
samantha.phillips@fleishmaneurope.com
0207 306 9000

Ben Thornton
ben.thornton@fleishmaneurope.com
020 7395 7179

Amy Mills
amy.mills@fleishmaneurope.com
020 7395 7186

Identity fraud occurs when a person’s personal information is used by someone else without their knowledge to obtain credit, goods or other services fraudulently. It can even extend to securing a passport in their name.

A quarter of the UK population has been affected by identity fraud or knows somebody who has.

Criminals use a mixture of tactics to acquire the information needed to steal another’s identity. These range from the very crude such as taking personal information from a stolen purse or wallet, going through rubbish, phishing or stealing somebody’s identity online (see How Identity Fraud Occurs).

One of the most worrying aspects is the swing away from previous address fraud towards current address fraud. Current address fraud is a type of identity fraud where the victim lives at the “current address” given on the fraudulent application. The perpetrator of the fraud is often also resident at the same property as the victim. In such cases, the fraudster applies for, and uses, products in the name of the victim whose property they share. The fraudster will generally have access to, or can intercept, the victim’s post, for example where individuals are resident at a property that has a communal mailbox with shared access. Other contributory factors to current address fraud can include the abuse of Companies House data, data breaches, fraudulent mail redirections and bin raiding.

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ICPP Launch Fight against Scams

Oct 5th, 2007

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Scams – the warning signs!
Every day, people throughout the UK are falling victim to a scam of one kind or another.

Panel Chairman, Jim Ferguson said:
“We have been concerned about the growing problem of “Scams” and are working with Inverness Trading Standards to create public awareness of the typical “Cons” being used, and more importantly how to recognise them and what to do about them”.

These scams come in different forms – letters, email, telephone calls, text messages, markets and door to door.
It could be an unexpected prize draw or lottery win, or a chance to invest in an exciting new money-making or investment programme.

Promotions of this kind, however they are distributed, are normally a dishonest attempt to trap you into parting with your money.

Jim went on to say:
“Trading Standards Officers make it quite clear that prevention of this type of fraud is crucial, as in many cases, the perpetrators are often based outside of the UK, and action after the event has taken place is extremely difficult”

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ICPP In Action at Inverness College

Oct 5th, 2007

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Inverness Crime Prevention Panel, exhibiting jointly with Northern Constabulary at the students “Freshers” exhibition at Inverness College, were delighted with the response from students attending.

The College caters for over 8,500 students, from a variety of countries, of all abilities and from diverse cultural and ethnic backgrounds.

Jim Ferguson, Panel Chairman said:
“We feel it important to meet and help people face to face and this type of exhibition enables us hopefully provide information about the different types of scams and general criminal activities that young people joining the college and moving from other areas may not be aware of”.

Duncan Carmichael
Representing Northern Constabulary said:
“We were made to feel welcomed by the students and were even asked by a number how they could join the police force!
It was encouraging to be able to speak to so many young people and help prepare them to avoid potential problems ahead”.

Duncan went on to say:
“We had the usual requests for our panic alarms, and despite the number we had, soon ran out, and were also able to give the students help with mobile phone theft prevention”.

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ICPP In Action at Nurses “Freshers” Exhibition

Oct 4th, 2007

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Inverness Crime Prevention Panel, exhibiting at the nursing “Freshers” exhibition at the Stirling University, situated in the grounds of Raigmore Hospital in Inverness, where inundated with requests for their “panic alarm” designed for personal protection.

Jim Ferguson, Panel Chairman said:
“It was amazing, as fast as Kevin unpacked them, they were gone!”

Jim went on to say:
“We were delighted to be able to talk to so many new student nurses who were concerned about protection from crime. Clearly, young people recognise that sophisticated criminals are likely to prey on young people, and they appreciate the help we are able to provide”

Barrie Haycock, a panel member, assisting at the event, said:
“Jim and I had been looking at the growing problem of “scams” operating in the area, and we were astonished to be approached by a student who exampled an elderly person who was in the process of arranging a transfer of £4,000 to criminal elements operating from Spain, using the common “you are a prize winner” ploy, as a scam.

Thankfully, the student had recognised the problem, and had taken early action to prevent the fraud, but we were able to provide leaflets supplied by Trading Standards explaining the scam so she could show the unfortunate victim that he was not alone, and the type of scam was widespread throughout the UK”.

The Highland Campus site has purpose built teaching accommodation and student flats.

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Warning on new council tax phone scam (22/08/11)

http://www.highland.gov.uk/yourcouncil/news/newsreleases/2011/August/2011-08-22-01.htm