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

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

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.

Crimestoppers Counterfitting

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

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.

Well-known brands are being sold cheaply to children, say investigators

Cheap cigarettes smuggled from abroad and sold illegally in “tab houses” are getting children hooked on smoking, trading standards officers have warned.

About 30% of under 18s admit to buying illicit tobacco, particularly in areas of deprivation, officials say.

The cigarettes are sold from private homes without age checks, creating a new generation of smokers, they claim.

Tobacco smuggling is thought to cost the UK economy about £3bn a year in lost tax revenue.

‘Cheap whites’

Trading Standards say “tab houses” are a growing problem, often charging half as much as legitimate shops.

They are also said to introduce some children to cigarettes who might not otherwise be able to afford them.

We’re in a recession now, so people want goods cheaply. From the research I’ve been conducting it’s clear that the market in illegal cigarettes is still very solid Dr Rob Hornsby

Richard Ferry, from Trading Standards North East, told the BBC: “About 30% of under 18s admit to buying cheap and illicit tobacco. It means they start smoking earlier and they can smoke more.

“The people who sell from tab houses don’t care who they sell to.”

Three types of “tabs” are being sold:

• Duty free cigarettes, which should be for personal use

• Counterfeit versions of well-known brands; and

• “Cheap whites” manufactured just for the illegal market

The UK Border Agency says it has reduced the proportion of illegal tobacco on the market using new technology including more powerful scanners at ports and airports.

On Tuesday it announced its biggest ever seizure – £120m worth of cigarettes found on a boat off the coast of Ireland.

Trading Standards say as they have cracked down on shops selling illegal tobacco, the problem has moved to private homes instead – undermining efforts to improve health in deprived areas.

Dr Rob Hornsby, a criminologist at Northumbria University, said: “We’re in a recession now, so people want goods cheaply. From the research I’ve been conducting it’s clear that the market in illegal cigarettes is still very solid.”

Link to original BBC article

* 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 £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.  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.  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.

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 £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 £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”  and  ” solicited”  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 £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.