Consumer Contracts (Information, Cancellation and Additional Charges) Regulations

[jason121]

Is the EV sockets still going. Rolec have stopped supplying me. I had the deal were I was contracted to install only so never had lay out any money

 

[SRE]

So are we - we've been installing for 12 months now. Rolec have still taken the responsible attitude towards installation and are waiting for confirmation of the position from OLEV. Other manufacturers are leaving the installer with the risk and pushing out as many as they possibly can. We work with two manufacturers one as a dedicated installer the other as an OLEV contractor. Fortunately the vast majority of what we do goes through Rolec.

We were asked by OLEV to talk to Senior Policy Advisors on Friday and had stressed the importance of moving things through quickly to make sure that the momentum we're building is maintained. The problem is their perception of speedy and mine are at opposite ends of the spectrum!

 

[Worcester]

The problem is their perception of speedy and mine are at opposite ends of the spectrum!

SRE , sorry to hear about that -

It'll be the effect of Governmentium then

 

[Gavin A]

worth considering invoice factoring?

you get paid now, they take a percentage when it gets paid. (I think is how it works)

 

[SRE]

I've been offered that at 4.5% call me old fashioned but I don't think I should have to do this because they won't pay me. I have our CT & Vat in a 40 day account that I can tap into if I really need to but I'll have to be desperate.

I have made some progress today, it's been promised by Monday at the latest and I have a direct phone number to the relevant person if it hasn't gone in by then, so fingers crossed it will be sorted by then.

 

[Worcester]

Having been in business for 30+ years, I would NEVER recommend factoring, once you in theyv'e got you by the short and curlies, and exiting is almost impossible as you don;t just have to pay it back you have to buy your way out.

There are far far cheaper ways of getting your money quickly.

Name me one large comapny that factors its invoices?

They will want personal gaurantees on the advanced amount AND will want life insurance taken out for the benefit of the factor. It is an incredibly expensive option, with no practical exit route...

 

[Worcester]

Did we all get our RECC email today

Important change to legislation and revised RECC Bye-Laws
Dear Firstname,
I hope you are well and enjoying the summer. I am writing to you about three important issues:
• to make you aware of changes to consumer protection legislation coming into force on 13 June;
• to inform you that we have revised the Bye-Laws and to explain the principal revisions made;
• to inform you about some technical changes that will shortly be introduced to the TSI logo.
Please read this information carefully and let me know if you have any questions about it.

Important changes to consumer protection legislation
On 13 June 2014 the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 will come into force. These regulations will make significant changes to the consumer protection legislation governing businesses that agree contracts with domestic consumers in the home. The regulations will replace the Consumer Protection (Distance Selling) Regulations 2000 and the Cancellation of Contracts made in a Consumer's Home or Place of Work (Doorstep Selling) Regulations 2008. They implement the EU Consumer Rights Directive (CRD) adopted in 2011.
RECC members whose business model includes signing contracts with domestic consumers in the home will be affected by these regulations. RECC will be updating the Code over the coming weeks to take account of the regulations. In the meantime you should be aware that you will need to make changes to your terms and conditions and business practices. The regulations will apply to all contracts agreed on or after 13 June 2014.
The principal changes that will affect RECC members who sign contracts in the home are as follows:
• the cooling off period will increase from 7 to 14 days
• all funds must be refunded to the consumer within 14 days of the consumer cancelling the contract
• businesses may retain funds to cover any services the consumer expressly requested to be carried out in the cooling off period
• all ancillary contacts will be automatically terminated if the consumer cancels the main contract, not just the credit agreements, as is the case now
• any additional payments may only be taken with express consent from consumers
• there can be no above-cost surcharges for use of payment cards or other payment methods.
You can access the full regulations here. BIS have developed implementing guidance which you can access here. We will send additional in-depth guidance to members shortly.

Revised RECC Bye-Laws
RECC has this week published revised Bye-Laws on the RECC website this week. Please take the time to read them and make yourself familiar with them as what follows is a summary only. The principal revisions are as follows:
Applications Panel
The procedures for the independent Applications Panel have been revised in order to make them clearer. As part of this, the Applications Panel may now decide to grant an applicant Temporary Code Membership during which they will be required to fulfil certain conditions. Following this defined period the applicant may make a renewed application for Code Membership.
Potential breaches of the Code or Bye-Laws
The procedures for investigating potential breaches of the Code or Bye-Laws have been revised in order to make them clearer. As part of this, the Executive may now issue Consent Orders to invite Members to agree to take steps necessary to comply fully with the Code and Bye-Laws, without having recourse to the Non-Compliance Panel.

Non-Compliance Panel
The procedures for the independent Non-Compliance Panel have been revised in order to make them clearer. As part of this, the Executive may convene a Non-Compliance Panel Hearing directly. The range of sanctions available to the Non-Compliance Panel at a Hearing has been clarified. The Panel may now require a Period of Enhanced Monitoring which replaces the concept of a Probationary Period.
Costs of investigating and adjudicating non-compliance
The Non-Compliance Panel may award costs against a Member or the Executive following a Hearing. The Executive may apply to the Non-Compliance Panel for the award of its costs involved in investigating potential breaches of the Code or Bye-Laws, preparing evidence for a Hearing and in staging the Hearing itself. Members may apply to the Non-Compliance Panel for the award of its costs involved in preparing for and attending a Hearing.

Members displaying the TSI ‘approved code’ quality mark
In April 2013 we advised that, as an approved Code member, your business is permitted to display a Trading Standards Institute (TSI) ‘approved code’ logo alongside the RECC logo. The TSI ‘approved code’ logo uses embedded coding and incorporates verification technology which checks that the website using the coding is registered with RECC as a member. To date the verification element has not been live. However this will go live shortly. It will enable users to ‘click’ on the quality mark to confirm membership of a TSI approved code.
Initially there will be a soft ‘failed’ verification message. This will be the usual ‘approved trader’ green tick screen, but with a small black square in the left hand corner. Later this will change to show either that your membership is approved, in which case the usual verification green tick screen will appear, or that your membership is ‘not approved’ or ‘banned’, in which case a red cross verification screen will appear.
If you are displaying the TSI ‘approved code’ logo please check that we hold the correct web address for you by visiting our member directory: www.recc.org.uk/scheme/members. If you notice the black square when you click on the ‘approved code’ logo please contact RECC immediately to ensure we update your web address.
TSI has not yet advised us of the date for the soft launch, but it is likely to be towards the end of this month with the full launch 4 weeks later. We will inform you as soon as we have definite dates.
If you are not displaying the TSI ‘approved code’ logo and would like to you can find instructions on its use in the TSI Brand Guide available in the members’ area of the RECC website.
Yours sincerely,
Virginia Graham
Chief Executive

 

[TedM]

Pants firmly around the ankles there by the looks of it. Can you ask why they did not advise members of this six months ago when the new legislation was passed by parliament?

 

[BruceB]

The Napit first mention was in their newsletter on Wednesday. But effectively all it does is give you links to the legislation and guidance.

 

[Worcester]

Pants firmly around the ankles there by the looks of it. Can you ask why they did not advise members of this six months ago when the new legislation was passed by parliament?

Hi Ted, I did - there comment is here: http://www.electriciansforums.co.uk...ncellation-additional-charges.html#post957916

Bottom line is a big thanks to you, else we'd all still not even know about it - suprosed it hasn't hity the news yet - they'll probably wait until they day.

I have a direct contact with our regional BBC political correspondent (Daily politics show) so I'll drop her an email and see if she wants to pick up on what it means to 'Joe Public'. - Should sort the double glazing scamsters out a bit

 

[Gavin A]

I'm really not seeing this as a positive development, I think they've been pushed into a knee jerk reaction that's ended up with them implementing this change before actually taking legal advice to determine if this actually applies to our industry.

I still don't see how it applies, the exemption is pretty clear, as are the 2 court rulings, but if REAL now determine that we have to play by their new rules, then we'll ahve to do that regardless of what the law says.

I'm going to write toe REAL asking to see a copy of their legal opinion on this, and asking them to withdraw their new guidance if they haven't got a pretty firm legal opinion on the subject, as I really don;t see why we should now have to comply with a law that wasn't aimed at industries such as ours.

from the court ruling linked to on the first page

t is not necessary for a structure to be inseverably fixed to or in the ground in order for it to be 'immovable property'. It is sufficient for it to be fixed in such a way that it cannot be easily moved or easily dismantled.

A roof mounted solar PV system easily meets these requirments, there;s no way it can be described as being easily moved or dismantled when it requires scaffolding, specialist tools, replacement tiles and probably 2-3 man days from specialist contractors to remove.

This is what we get from stumbling in blind asking real for their opinion on something - far better to actually decide what is the preferred outcome, then approach REAL with that in mind. Ask them to make a decision and put their neck on the line and they'll always without fail go for the most admin intensive arse covering option available.

 

[Gavin A]

Name me one large comapny that factors its invoices?

we deal with quite a few that do, though I'd tend to agree with you generally, just though it might be worth considering for anyone like governments or other big contracts where there were delays of 60 days plus in paying on large amounts.

I tend to just avoid working for any big bad payers instead, hence not getting involved in the car charger installs or eco funded projects.