Fair Trading

Most of the duties of the Fair Trading Section involve the enforcement of CRIMINAL LAW as opposed to CIVIL LAW.

Criminal Law defines what constitutes a criminal offence – a trader who, for example, engages in a misleading practice or sells counterfeit goods, may commit a criminal offence and thus run the risk of prosecution – usually dealt with in the Magistrates, or Crown Courts.

A common example of civil law involves the law of contract, a legally binding agreement between two parties. For example, if a trader sells goods that are defective, a television set that doesn’t work, or if you pay a trader to install some windows and he does a bad job, then this could be a breach of contract. In each case, the trader would not have breached Criminal Law, but he may well be in ‘breach of contract’. In such disputes, you can contact Consumer Direct on 08454 04 05 06 for detailed advice of your civil rights to remedy the matter. Civil Law is enforced by the County Courts, as such; neither this department nor Consumer Direct has any authority to direct a trader to do anything – only advice can be offered.
Furthermore, situations may arise where a breach of civil law escalates into a breach of criminal law. An example might be a trader who has persistently supplied faulty goods or services and refused to do anything by way of reparation. This could be infringe the Consumer Protection from Unfair Trading Regulations (CPRs - available as a ‘Self Help’ leaflet) and result in action under the Enterprise Act 2002 - under which we could seek legally binding assurances from the trader.

The above is a very simplified and brief description of some of the differences between criminal and civil law, and serves only to help explain the difference between matters in which we cannot intervene, and those where we may be able to take some action against particular traders.

There are various areas of work where this section becomes involved with the criminal aspect of law. For example, we carry out mileage checks on second hand cars, check that price bargain offers are not misleading. We will respond to complaints about misleading offers, including price comparisons and description of goods, allegations of people selling/creating counterfeit goods and any legitimate complaint concerning other misleading practices. But we cannot investigate complaints regarding ‘value for money’ for example, if you have just bought something and you subsequently see it cheaper elsewhere, this is NOT an offence– the time to compare prices is before buying not afterwards.

Doorstep Crime

Run in conjunction with South Yorkshire Police, this initiative aims both to protect and educate people, particularly the elderly and vulnerable groups. By definition, 'Doorstep Crime' ranges from so called distraction burglary to rogue traders who call at your home using unscrupulous tactics (e.g. Inertia or Pressure Selling techniques) to sell their goods and services.

From time to time our staff hold events at local Community Centres etc, the dates and locations of which will be shown here when they are due.

If you require any help with any aspect of Doorstep Selling, whether you have a problem with a rogue trader, or you merely want some advice, please contact Consumer Direct on 08454 04 05 06 - they will pass on your informtion to us and, where appropriate, an officer from this department will call and advise you further.

• NEVER open the door to strangers.
• Fit a door chain and 'spyhole' so you can see who is calling, and only allow them in if you know who they are.
• If someone calls saying they're from a utility company (Water, Gas, Electricity etc) ask for identification, there will usually be a number you can ring to check their identity - if they are genuine they won't mind you doing this.
• If people call with unlikely stories, they may be trying to dupe you into letting an accomplice into your home while they keep you occupied (distraction burglary) - DON'T let them in and let the Police know.
• Don't sign anything unless you want to be bound by the terms of a contract, and don't sign anything simply to get rid of a persistent salesman.
• If any callers act in a threatening or abusive manner, close the door and CALL THE POLICE.

A leaflet, "Your rights to cancel when buying at home", which tells you your rights when buying at home is available, follow the link to view or download it.(pdf document, 135 KB)

Over the past year we have conducted a survey amongst neighbourhoods where No Cold Calling Zones have been established to gauge the effectiveness of them. The survey results are summarised in this document: No Cold Calling Zone Survey Summary, draw your own conclusions!

** In the past year (2009), this unit has been instrumental in either recovering monies already paid, or, just as importantly, preventing people from parting with, tens of thousands of pounds. The unit has also helped people avoid contracting with those unscrupulous traders who use 'banned' practices to coerce them to enter into contracts.

Sheffield City Council Trading Standards, 2-10 Carbrook Hall Road, Sheffield, South Yorkshire S9 2DB
Telephone: (0114) 2736290   Fax: (0114) 2736248   Electronic Mail: trading.standards@sheffield.gov.uk