Letter from Trading Standards regarding website, have 21 days

[onlinetraderuk]

I have received a letter from Trading standards and am really worried, I dont know what to do. THey are pointing to me several legislations that I have not conformed to mainly

I am writing to advise you to ensure that you are aware of your legal duties with regards to
consumer contracts reg 2013
consumer protection from unfair trading reg 2008
electronic reg 2002
companies act 2006
unfair terms in consumer contracts reg
consumer rights act 2015
general product safety reg 2005

....... We are concerned by complaints we have received and a number if issues the manner in which your business is trading
.......................


I am a small business, and trade online. I sell on online marketplaces and my website. I was on my way to create a brand and hence was also setting up a website to reflect the brand with the same domain name.

I have always strived to give great customer service to my customers. The website I have set up by myself did not bring me any sales yet. On other online avenues, I had only a couple of unhappy customers this year and I have refunded them promptly. There was also 1 who accused me of my product being unsafe but I know that they did not read safety notice and I have hundreds of happy customers feedback.

Trading Standards also made a mistake while referring to my website as example.com when my website is example.co.uk. I have checked in whois for the .com domain and its not someone from the UK. However I know they made a mistake as they have referred to my website not having an address displayed, which is true.

At the minute I am really stressed, in pain and shocked too.

Can anyone give me some directions. At the end they have said:

I am writing to urge you to seek independent advice on your legal duty under these legislations

provide an assurance within the next 21 days that you have taken appropriate steps to comply with the above mentioned legislations

Be adivsed they we will be monitoring complaints about your business ad if necessary in the future we will take enforcement action to ensure fair trading

 

[ryedale]

Looks a scam to me

Did it address you by your name or just a generic dear sir or similar

Grammar and spelling are dreadful so not likely to be real

 

[onlinetraderuk]

Oh no its not a scam, its on proper letter head , signed, addressed to me by my full name, have the officer's name on it and phone number.

Thanks for your answer, appreciate any help

 

[Alan]

However I know they made a mistake as they have referred to my website not having an address displayed, which is true.

I'm a little confused, so you are saying example.co.uk complies with all the regulations noted? If so, phon ethe trading standards officer and tell them the mistake.

If in fact your site doesn't comply, then correct the issues, these are fairly simple things, trading address, rights to return within 14 days etc.

 

[Scalloway]

The simplest thing to do would be to phone the person who sent the letter.

 

[onlinetraderuk]

I am worried regarding them saying they have received numerous complaints about my business.

Plus all the laws that they say I am not following.

How can I reply best. I wanted to say due to the fact that the website you are quoting on the letter not being accurate. I am also doubtful of the complaints you are attributing to my business.

Anyone can help me word this.?

Shall I consult a legal adviser. I am really confused.

Thanks

 

[Scalloway]

The letter is designed to make you react. I am sure that the writer will be pleased if you get in touch with them and try to sort things out.

 

[OldWelshGuy]

Trading standards don't have a clue about online stuff they really don't. they are not allowed to say 'we have received complaints' they must by law be specific on the nature of those complaints.

Non compliance is a simple thing to fix with regard trading online . However it looks like you are selling electronic items, are you the importer/ are the goods CE marked? Despite what you may think, trading standards have a legal obligation to work with you to conform to these items. they can't just throw legislation at you they MUST be specific.

So call them, ask for CLEAR SPECIFIC instances of the breaches, if they say 'take advice', tell them you will AFTER they have told you where they consider your site to be in breach, if they refuse then ask for an appointment with their line manager, and a copy of their grievance procedure.

Also with regard the complain ask them again for DETAILED EXPLANATION of the nature of the complaint. They will often try and talk rubbish about data protection etc. (which is all rubbish as you are not looking for anything that identifies an individual).

Don't allow them to bully you, theya re there to serve traders equally as much as they are there to protect consumers.

 

[deniser]

Best thing to do is to ring the person who sent the letter and have a chat with them. They're not scary people and they will genuinely want to help you.

But fix those basic things like putting your address on your website and all correspondence, sending out the statutory returns information, putting a clear returns policy on your website etc. These are all pretty easy to do and you are breaking the law by not doing them.

 

[antropy]

....... We are concerned by complaints we have received and a number if issues the manner in which your business is trading
.......................

Sounds like it's from the Prince of Nigeria to me

 

[14Steve14]

When I started my business the local trading standards people were so helpful. They gave lots of advice and spoke in terms that could be easily understood. They are there to work with you, and not against you. As others have said, give them a ring.

 

[onlinetraderuk]

When I started my business the local trading standards people were so helpful. They gave lots of advice and spoke in terms that could be easily understood. They are there to work with you, and not against you. As others have said, give them a ring.

I understand , but I find it really hard to accept the allegations that I have breached customer protection act......etc when I know I deal with all my customers fairly , accept return and even provide customers with return labels.

Is there a way to find out if its not a malicious competitor has tried to get me into un necessary trouble

Thanks

 

[Scalloway]

Have you phoned trading standards yet?

 

[Clinton]

I understand , but I find it really hard to accept the allegations that I have breached customer protection act......etc when I know I deal with all my customers fairly ....

Er, how well do you know the nitty gritty of the Consumer Protection Act? And if you don't know it inside out, how can you be so sure you're not in breach?

That you think you deal with your customers fairly is not relevant. The question is ... are you meeting all the legal requirements and ticking all the boxes the law requires you to tick?

It's clear that at least in some areas you're not and that you are breaking the law. So take the advice to call the man, have a little chat, find out what you need to change. Then change it!

 

[Ian J]

I understand , but I find it really hard to accept the allegations that I have breached customer protection act......etc when I know I deal with all my customers fairly , accept return and even provide customers with return labels.

Is there a way to find out if its not a malicious competitor has tried to get me into un necessary trouble

Thanks

You've had all day to contact Trading Standards as everyone here has recommended and you are not going to find out what it is they are concerned about if you don't follow the advice that you have been given.

Now you are going to worry about it all weekend too

 

[onlinetraderuk]

That's true. I was freaking too much. I have let anxiety and stress overcome me.

Now all weekend I will sit and read about all the legislations and worry some more.

In fact the reason for my not taking action was waiting to find if anyone has been in this situation before. Mr Google hasn't been of too much help to get me results.

Better do research and know where I stand. Thanks everyone, really appreciate everyone's input

 

[terryashraf]

Now all weekend I will sit and read about all the legislations and worry some more.

Unless you have put someone's life in danger and caused injury, then I am not sure that you should be 'sit and read'. You will benefit from speaking with Trading standards AND getting the terms and conditions of trading online sorted out.

 

[The Byre]

If this letter is genuine, then it must be the first time in history that Trading Standards have found nothing better to do than to nit-pick over a website that has not even traded yet!

For that reason, I would NOT call the number given and ask for the person who ostensibly sent that letter, but send a copy of the letter to your local Trading Standards with a letter asking if it is genuine.

 

[onlinetraderuk]

If this letter is genuine, then it must be the first time in history that Trading Standards have found nothing better to do than to nit-pick over a website that has not even traded yet!

For that reason, I would NOT call the number given and ask for the person who ostensibly sent that letter, but send a copy of the letter to your local Trading Standards with a letter asking if it is genuine.

Thanks I am thinking this is the best approach. As there are so much online bullying going on, I will take this step. Regards

 

[Clinton]

Think about it. If the letter was genuine ("it's not a scam," you said earlier), they may not feel it necessary to bother with replying to you. So how long will you wait for a reply? Till day 20? You really think you've put the ball back in their court by sending that enquiry letter?! Or that you have stopped the clock?

It's easy enough to check if the phone number is indeed the number of your local Trading Standards. Ever heard of Google? You can verify the number matches and then call to ask if they wrote to you. What's so difficult about that? Or are you grabbing the idea of writing to them to drag this out in the hope that it'll go away?

 

[paulears]

Trading standards cannot keep up with their workload. First things first. It says they have received complaints as in plural. It also refers to the way you are trading. This could have little to do with the website. Have you had any disputes with customers not to do with the website? If you have and they have complained then trading standards would naturally look to your site - and if they have concerns that your activities in general are risky to the public, then it could be that the website just confirms the fears. The letter doesn't actually point top the website does it - just your business.

Are you doing something really odd? Reading between the lines they think you are setting unfair rules for your customers, trading in perhaps dangerous items, but then we have the electronic commerce connection (commerce seems missing?)

What are you actually doing and what is your business? I don;t think we can help without knowing more - if you give the web site address we could have a look if you like - but that would be a warts and all approach and we'd have to be honest.

They mention the Companies Act - are you a Ltd company, or are you perhaps pretending to be when you're not?

Assuming this is official, then they have an awful lot of questions about what you're doing, so what is it?

 

[juderino]

I had something similar with my local trading standards a several years ago where they got in touch about some non-compliance issues. In my case it was fair enough as I had misinterpreted the distance selling act regarding refund postage for returned items. It seems they read the terms and conditions on my website and spotted this. I thought it was really odd, but I was in the wrong and happy to address the problem.

Anyway, I got a letter and had to make an appointment with them. It involved going to the local office where they highlighted the problem, asked me to fix it and that was that.

The whole thing was a bit strange and I wondered if maybe a competitor was making a complaint.