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Trading Standards
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Does Trading Standards have the power to prosecute a trader who has not adhered to the Sales of Goods Act?
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They do have the power to prosecute in those circumstances but only do so in certain situations. There is nothing to stop the affected individual seeking a remedy through the courts.
Here is one council's remit for action, most councils follow the same.
http://www.tradingstandards.gov.uk/blackburnwi thdarwen/prosecpol.htm
Here is one council's remit for action, most councils follow the same.
http://www.tradingstandards.gov.uk/blackburnwi thdarwen/prosecpol.htm
The link barry provided seems to covers the department�s general prosecution policy relating to all trading laws. There certainly are some laws where criminal proceedings can be taken at the outset (for example, sale of tobacco or alcohol to minors and sale of �fake� goods).
As far as I can recall, the Sale of Goods Act does not provide for criminal prosecutions. It is primarily concerned with contracts surrounding sales and the remedies under the act are provided by civil courts, usually in the form of compensation. Therefore no �prosecution� as such takes place.
What sometime happens is that a persistent offender can be taken to court by the local Trading Standards authority who will seek an injunction to prevent the offender doing certain things (for example, attempting to sell goods which are not as described, or not fit for purpose). If an injunction is granted and is subsequently broken this then becomes a criminal offence and would be prosecuted through the criminal courts, but probably by the CPS with input from Trading Standards.
Speak to your local Trading Standards office for clarification.
As far as I can recall, the Sale of Goods Act does not provide for criminal prosecutions. It is primarily concerned with contracts surrounding sales and the remedies under the act are provided by civil courts, usually in the form of compensation. Therefore no �prosecution� as such takes place.
What sometime happens is that a persistent offender can be taken to court by the local Trading Standards authority who will seek an injunction to prevent the offender doing certain things (for example, attempting to sell goods which are not as described, or not fit for purpose). If an injunction is granted and is subsequently broken this then becomes a criminal offence and would be prosecuted through the criminal courts, but probably by the CPS with input from Trading Standards.
Speak to your local Trading Standards office for clarification.
Thank you for that very imformative answer New judge.
It has shed light on what I can expect them to do and what avenues I should take.
I have tried to take the Trader to small claims court, but the case was 'struck out' as I couldn't attend for very valid work reasons.
The small claims court have advised me to seek legal assistance if I want to pursue this case.
However, financially this is not possible for me, yet based on the merits of my case, it's frustrating that the trader is getting away with this.
Do you know of any law firms that do 'pro bono' work in the SL4 postcode area?
Or even what the next best thing for me to do?
To make things worse, the trader, who has my car, is now putting storage fees on it, for a car that I refused 1 hour after purchasing it, as it immediately developed faults.
It has shed light on what I can expect them to do and what avenues I should take.
I have tried to take the Trader to small claims court, but the case was 'struck out' as I couldn't attend for very valid work reasons.
The small claims court have advised me to seek legal assistance if I want to pursue this case.
However, financially this is not possible for me, yet based on the merits of my case, it's frustrating that the trader is getting away with this.
Do you know of any law firms that do 'pro bono' work in the SL4 postcode area?
Or even what the next best thing for me to do?
To make things worse, the trader, who has my car, is now putting storage fees on it, for a car that I refused 1 hour after purchasing it, as it immediately developed faults.
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