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Background to doorstep selling study

12 November 2002

Following a super-complaint from the National Association of Citizens Advice Bureaux (NACAB), the OFT launched a full investigation into the selling of goods and services in the home.

The OFT used its powers under Section 5 of the Enterprise Act 2003 to carry out a wide-ranging investigation into this area. The investigation examined what goods and services are commonly sold in the home, problems experienced by consumers buying this way, and why problems are associated with some products and services and not others.

The OFT looked into areas of doorstep selling, in particular home improvements and assistive products, and looked at the range of statutory and voluntary provisions aimed at protecting consumers.

See OFT press release

4 March 2004

In advance of its market study report on doorstep selling, the OFT issued a statement on options for tackling bogus trading through new legislation on 4 March 2004. This was to make its views available before a debate on a private member's bill in Parliament on the subject.

Download the OFT's position paper Legislative options for tackling bogus trading (pdf 132 kb).

The Property Repairs (Prohibition of cold-calling) Bill was scheduled for its second reading on March 12. The OFT identified four legislative options that could potentially contribute to tightening up the law and tackling bogus trading:

  • proposed new fraud offence to replace the existing Theft Act deception offence under which some bogus trading prosecutions already take place
  • fraudulent trading offence which would replicate current provisions for fraudulent trading for companies to cover partnerships and individuals
  • ban on work and/or payment within 7 days following a cold call, with exceptions, for example when work must be carried out urgently, and 
  • ban on cold-calling for property maintenance/repairs (not necessarily along the lines of the present private member's bill).

The OFT recommended that the relevant government departments proceed to consultation and legislation on the fraud and fraudulent trading offences, and consultations on the two possible options for a ban.

See press release

Downloads

Download the OFT's position paper Legislative options for tackling bogus trading in pdf format (132 kb).

Download the Director General of Fair Trading's letter to NACAB in pdf format (29 kb).

Download the full response to the NACAB super-complaint in pdf format (63 kb).




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