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The Construction Licensing Executive (CLE ) aims to eradicate "rogue traders" by providing consumers with a list of reputable Scottish Construction Companies.


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Stopping the Cowboys View

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Launch of South Ayrshire Consumer Support Network

At an informal ceremony held in Girvan library and attended by representatives of various South Ayrshire information and advice organisations, Cllr. Douglas Campbell, Convener of South Ayrshire's Community Safety Committee launched the South Ayrshire Consumer Support Network (CSN) and the new CSN advice brochure.

Launch of South Ayrshire Consumer Support NetworkThe Department of Trade and Industry (DTI) provided initial funding to set up the CSN with co-ordination provided by Trading Standards. The South Ayrshire Consumer Support Network is a network of advice agencies and information providers whose aim is to give consumers access to expert, accurate and timely consumer advice. South Ayrshire library services, Trading Standards, North Ayr Resource Centre and Age Concern in Girvan and Ayr at present form the fledgling network. However, future development and a will to extend the ideal of networking advice agencies beyond the scope envisaged by the DTI, will hopefully see all in the advice field in South Ayrshire, whatever their areas of specialism, join together in the network.

The CSN hopes to create a trading environment in which consumers become more knowledgeable and confident in exercising their rights, while ensuring that whenever people seek help with consumer problems - whether they need simple information or advice, mediation or even support in the courts - they are able to approach any of the agencies within the network and receive or be quickly referred to, the right source of help,

The new advice brochure entitled, "Consumer Problems? - We'll Support you!" is available from every South Ayrshire library, the Trading Standards Advice Centre in Ayr, North Ayr Resource Centre and Age Concern in both Girvan and Ayr. It contains valuable information, which should help consumers understand what rights they have and give them the confidence to put them into practice. It also contains information of other "non consumer" advice agencies, which many South Ayrshire residents should find useful.

QMSAt the heart of any Consumer Support Network are quality assured advice providers and in October 2003 South Ayrshire Council's Trading Standards Service was amongst the first in Scotland to be awarded the Quality Mark Scotland (QMS) in the top category, General Help with Casework. The award was achieved as part of Trading Standards commitment to the South Ayrshire Consumer Support Network.

CSN LogoLaunching the CSN, Councillor Douglas Campbell, convener of the Community Safety Committee said, "Access to free advice is essential so that people can make the right choices before buying goods or services and obtain help if things go wrong afterwards. Last year Trading Standards advisors handled almost 8,000 complaints and enquiries and recovered over three-quarters of a million pounds in refunds, exchanges and compensation for South Ayrshire residents. We want to ensure that everyone in South Ayrshire is aware of the advice on offer and that means ensuring that those providing advice communicate effectively so that they are aware of the services provided by each other. This guarantees a more co-ordinated service to the public."

Also present on the day was Councillor Ian Fitzsimmons who added, "The CSN was launched in Girvan to provide a focus for the rural communities surrounding it. I welcome the participation of the Libraries service as an integral part of the CSN as this will be of particular benefit to those living in rural communities. They will be able to access advice services via local libraries including the mobile library."


"Shop With Confidence in Ayr Town Centre"

Shop with ConfidenceOn the 4th December in the Kyle Shopping Centre, Councillor Douglas Campbell, Convener of South Ayrshire's Community Safety Committee, launched Trading Standards new "Shop With Confidence" scheme.

The aim of "Shop With Confidence" is to inform businesses about their legal rights and obligations when they supply goods or services to customers. The Scheme is a pilot project supported by both Ayr Town Initiative and Ayrshire Chamber Of Commerce and Industry that has signed up many Ayr town centre businesses to a partnership agreement with Trading Standards. Participating retailers have ready access to information on a vast range of "consumer" topics, from advice on faulty products they have sold, to advice on how to make a claim against their supplier. They are given updates on changes in legislation and will benefit from a quick referral process for disputes.

So what are the benefits to ordinary shoppers? Advice Team Leader Steven McMurtrie explained, "In the event of a dispute about goods or services that cannot be resolved easily to both parties' satisfaction, the businesses have agreed to refer the customer to Trading Standards. Most businesses try to resolve complaints on the spot but in cases where the problem cannot be resolved quickly or the business in unsure of the legal position then the customer will be given a helpful leaflet. This explains basic consumer and trader law, how the Scheme works and directs the customer to the Trading Standards Advice Centre where an advisor will provide free and impartial advice."

After presenting Joe Mullen of Ayr Town Initiative, Ernie Finnie of Finnies Sports, Elizabeth Campbell of Pretty Things, Dave Rose, Manager of the Kyle Shopping Centre and Valerie Russell of the Ayrshire Chamber of Commerce and Industry with start up packs, Councillor Campbell explained, "When someone brings back an item to complain, retailers are faced with sorting out the problem. They need to understand both the customer's rights and their own obligations. Modern consumer law can be complex and therefore not all complaints can be solved on the spot. On the other hand, sometimes the expectations of customers are too high and no matter how hard the retailer tries to resolve the issue they cannot. They can well end up with an unhappy customer that is the focus of attention within their shop. This is where the "Shop With Confidence" Scheme will help. Ayr town centre shoppers should look out for the red and blue partnership logo when shopping, as this will be a sign that the business is committed to the Scheme."

Welcoming the new scheme David Thomson Trading Standards Manager said, "The scheme is really what most good businesses have been doing for years and we are pleased the Ayr Town Initiative and Ayrshire Chamber of Commerce and Industry have backed the Scheme. Shoppers will benefit by the formation of closer links between Trading Standards and town centre businesses. Our Advice Centre is open 6 days a week so that consumers have ready access to advice if they have a complaint and cannot resolve the issue directly with the retailer. The scheme will be piloted for 6 months among Ayr town centre retailers after which an evaluation survey will be carried out. If the participants in the scheme are positive about the benefits, consideration will be given to rolling it out to other parts of South Ayrshire."


Consumer & Business Advice Centre How To Find Us

How many times have any of us queried a bill, complained about shoddy goods or poor standards of service, or just felt generally that we had been ripped off?

Sometimes we can resolve the problem by ourselves. At other times we require help. We may simply require information and an explanation of our rights in a particular situation. However, there are many situations where we require much more assistance to pursue our complaint and take action on our behalf. This wide range of information, advice and assistance is available and provided by the Advisors of South Ayrshire Council's Trading Standards Service, a division of the Development, Safety & Regulation Department.

During the past year our Advisors handled 3242 consumer complaints of which, 75% were found to be justified.

  • The value of the goods and services involved in these complaints was just over 3.3 million pounds.
  • Following intervention by our Advisors approximately 1 million pounds was gained in refunds, exchanges and compensation to consumers
  • Our Advisors also handled 4843 other enquiries, on matters ranging from requests for leaflets or other published information, to advice on "best buys" or other product information.
  • Complaints regarding home improvements and repairs were recorded as the highest number, followed closely by furniture and cars.
South Ayrshire's Consumer Advice Centre
Whatever the nature or complexity of your consumer complaint, Advisors are on hand to help you resolve the matter! We also have a large selection of self-help advisory leaflets to enable you to become a more informed and confident consumer.

Pre-Purchase Information - Help Before You Buy!

Deciding on what is the "best buy" in both goods and services can be a daunting process for any consumer.

For example, how does a consumer choose a reputable plumber? What questions should you ask before buying double-glazing?

Our Advisors can assist consumers in their choice by making them aware of various factors which should be taken into consideration when buying goods and services.

Consumers can also access information on products and services away from a sales environment and its associated pressure, before making a purchase.

Which Online
The Consumers Association "WHICH?" magazine is therefore available in both the magazine form and an "on-line" world-wide-web version from our Advice Centre.




How is Help Provided?

We have 8 Advisors with specialisms including Consumer Law, Debt Advice and Court Representation.

Through educating the public on their rights as consumers they will be able to make an informed choice before buying goods and services and would know what to do if things go wrong.

Our Advice centre has a wide range of information on a variety of "Consumer" topics. We also supply advice and information relating to Other Council services, which form part of our Department.

Exhibitions at public events such as the Elderly Forum open day at Girvan and during National Consumer Week also give us the opportunity to meet members of the public and spread the message that the service is available. Talks to groups such as "Opportunities in Retirement" also provide us with a platform to promote our service.



Complaint Investigation


If you find that a product that you have purchased is faulty or that a company doing work for you has not done it properly our Advisors are on hand to give assistance with all stages of a dispute with a trader.

From advice on how a consumer may resolve the dispute themselves, through active conciliation/negotiation with the trader, to advice on procedure and representation at a small claim hearing in the sheriff court; our Advisors are there to help.

Some complaints take a little longer than others to resolve….. A Troon lady purchased a suite on a credit agreement from a local furniture store. She complained after 1 month that the suite had a serious defect and requested a refund of the payments she had made.

The shop refused and the Lady contacted our advisors. The case was put to the shop, which still refused to accept that there was anything wrong with the suite. An advisor contacted the Finance company. After agreeing to abide by the findings of an independent expert, who on examining the suite confirmed that it was faulty, the finance company finally refunded the lady's payments…… some ten months later.



Cowboy Builder

Stopping the Cowboys!

Unfortunately there will always be those unscrupulous traders who do not care about their legal responsibilities and consistently try to swindle people. We will take appropriate steps to get money back for consumers who have fallen victim to these traders.

Should certain traders persist in a course of action which is detrimental to the collective interests of consumers, Trading Standards can now apply for an Order under the Enterprise Act 2002. This is an order of the Court (known as an interdict in Scotland) requiring the trader to immediately desist from the course of action concerned. If the trader continues with such action they face heavy penalties from the Court, including prison sentences where appropriate.

Such action may be taken where a trader consistently provides shoddy workmanship or unsafe or unsatisfactory goods. These powers can also be used to combat misleading advertising, illegal credit practices and unfair contract terms. They also extend to matters such as internet sales and timeshare and holiday packages.

If you have been the victim of a cowboy builder, a dodgy dealer, or feel you have fallen for any kind of consumer scam, get in touch with Trading Standards. Be assured - we will take action!. If we don't hear about them from you, then we can't put a stop to it and other innocent consumers may fall victim.

Send us a message if you wish to complain about a dodgy trader or scam. (You can remain anonymous if you wish!)

The Department of Trade and Industry (DTI) has also set up a site to allow consumers to complain anonymously about the actions of rogue traders. Visit the 'Rip-Off - Tip-Off' site.
Ripoff


Help with Small Claims Actions.

In certain cases where the trader does not meet his legal obligations assistance is available to the consumer in the form of a specialist Advisor who will assist with all aspects of pursuing a small claim through the sheriff court.

The Small Claims procedure in the Sheriff Court was introduced in 1988 as a method of resolving disputes quickly and cheaply.

In practice many consumers find the procedure confusing and frightening.

Our Advisors can assist consumers with the forms, advise them on procedural and legal matters and, if necessary, represent them in court.

At present the upper limit on claims is £750 which does cover a large proportion of consumer purchases.

Further information can be obtained at www.scotcourts.gov.uk

Small Claims Guidance


A consumer from Girvan purchased a bed from a local trader. The consumer's son used the bed for the first time and a rail that supported the slats on the bed immediately broke. The consumer complained to the trader the next day and asked for a refund of the £150 paid for the bed. But the trader refused to accept that the bed was faulty.

The consumer, with help from an advisor, commissioned a report on the bed. The examiner's report confirmed that the bed was faulty but the trader still refused to offer any redress. With the assistance of an Advisor the consumer took a successful civil action against the company at Ayr Sheriff Court and secured an award of £150 compensation.


 


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South Ayrshire, Development, Safety and Regulation Dept,
Trading Standards Service, 5 River Terrace, Ayr, KA8 0BJ
Telephone: (01292) 616060    Fax: (01292) 616061
Internet: http://www.south-ayrshire.gov.uk/tradingstandards/
Electronic Mail: Trading.Standards@South-Ayrshire.Gov.uk

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