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19 May 2011 / David Hertzell
Issue: 7466 / Categories: Opinion
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Time to redress the balance

Victims of scams deserve a clear & easy route to redress, says David Hertzell

When a consumer buys faulty goods, they know they can get their money back. By contrast, their position when they have been duped or pressured into making a purchase is much less clear. The remedies consumers can rely on when rogue traders lie about the products they sell, or use aggressive tactics, lie at the heart of our current consultation, launched last month in collaboration with the Scottish Law Commission (Consumer Redress for Misleading and Aggressive Practices).

Key areas of the proposals

  • Misleading practices such as fake “wins”; “free” goods which are not; falsely claiming to be members of a trade association; or selling “miracle products” which falsely claim to cure illness or restore youth.
  • Aggressive sellers using persistent sales calls; salespersons who ignore requests to leave; threats to damage the consumer’s credit rating unless they pay a disputed debt; aggressive wheel-clamping; or “presentations” where intimidating doormen made it difficult for consumers to leave.
  • New remedies. The Commissions suggest two tiers. Tier 1 remedies use the purchase
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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