What Is the Scheme? 3

Service Policy Version 1 November 2008

Contents

Page No

Background 3

What is the Scheme? 3

What if a problem occurs? 3

Becoming a Member of the Scheme The Vetting Criteria 4 What will it Cost? 4 Limitations of the Scheme 4 Appeals Procedure 4 Exclusions from the Scheme 4

Reasons to join the Scheme 5

How to Join 5

Appendix A – Code of Practice 7

Version 2 October 2011 Page 2 of 8 Background

The Fair Trading Team of Gateshead Trading Standards regularly receives requests from consumers for details of ‘approved’ or ‘registered’ traders. The current practise is to recommend traders that are part of an existing trade body or part of a general approval scheme such as ‘Trustmark’, the Government national scheme. Consumers therefore encounter great problems in terms of selecting an appropriate trader. Consequently, problems are encountered in terms of quality of work undertaken as well as in getting remedial and completion work performed in a reasonable and prompt manner.

Many small traders are unable or unwilling to join ‘approved schemes’ as there are often high start up costs or they are seen as overly bureaucratic. This is particularly true in the small building service sector, which is characterised by a large number of very small businesses often involving a single operator.

What is the Scheme?

The Gateshead Council Registered Trader Scheme is designed to encourage and promote fair-trading in home repair businesses across the region and help put Gateshead residents in touch with reliable traders. Businesses who are members of the scheme are therefore vouching that they will abide by the code of practice and attempt to ensure good business practice. This scheme will be promoted and accessible via a wide variety of partners throughout Gateshead. Applicants will go through a series of checks to ensure they have reasonable standards of business practice and on-going review will attempt to ensure such standards are maintained. Members will also agree to abide by the Code of Practice of the Scheme. A copy of the code can be found in appendix A.

The Registered Trader Scheme is mainly concerned with the good working practices and customer care aspects of business. It is not an assurance of any other part of an organisation. The acceptance of a member onto the scheme does not mean that Trading Standards guarantees the quality of goods or services provided by the member, nor do trading standards take responsibility for any of the work done. The decision to use a business is solely the choice of the consumer.

The Registered Trader Scheme is a list of trades’ people who have been vetted and are committed to abide by the wording and spirit of the code of practice.

What if problems occur?

Whilst the service will ensure that members comply with legislation, problems inevitably occur. If this should happen the trader should be contacted in the first instance and given the chance to put things right. The trader will be obliged to deal with the request quickly, fairly and without too much delay. If matters still remain unresolved the Trading Standards Fair Trading Service can act as a mediator to attempt to bring any problems to a successful conclusion.

Version 2 October 2011 Page 3 of 8 Becoming a Member of the Scheme

The Vetting Criteria  County Court Judgement Checks  Trading Standards Database Check  Compliance with Civil and Criminal Law  Companies House Check  Relevant Membership of any Trade Associations  Consumer Credit Licence (where applicable)  Business Documentation including Terms and Conditions  Compliance with Building Control Legislation

What will it Cost?

The scheme will be free to join.

Limitations of the Scheme

This is an introductory service only. All contracts entered into are strictly between the trader and the consumer – Gateshead Council Trading Standards Service does not act as an agent for any trader and has no contractual liability. The inclusion of a business in the Scheme does not mean that the Trading Standards Service guarantees the quality of the goods or service provided, nor can we accept any responsibility for any aspect of the work. We are also unable to guarantee the financial standing of members nor their Health and Safety procedures. The decision to use a particular business rests solely with the consumer.

Appeals Procedure

Where applicants are refused entry onto the scheme or when membership is revoked after joining the scheme, the reasons for refusal or revocation of membership will be given in writing. Any appeal against the decision must be made in writing to the Head of Service of Trading Standards within 14 days of the decision to refuse or revoke membership. The scheme also reserves the right to cancel a trader’s membership at any time if the business is not abiding by the principles or commitments of the scheme.

Exclusions from the Scheme

Traders will not be eligible to join the scheme if they:

 Have unsatisfied County Court Judgements;  Provide false information submitted on the application form;  Falsely claim membership of other Trade Organisations;  Have been successfully prosecuted by Trading Standards within the past 2 years.

Version 2 October 2011 Page 4 of 8 Reasons to join the Scheme?

 Beneficial Publicity for the Business  Independent recognition of the business standards  Proof of membership by Registered Trader Scheme Certificate and window stickers for display  Use of the scheme logo on business documentation, advertisements and other promotional material  Business information held on a list which will be widely available across the borough  A place on the Registered Trader Scheme website which will include a link to the business website should there be one  Improved relationship with the trading standards service based on co- operation rather than enforcement  Free advice on legislation and information relevant to the trade  Increased consumer confidence which will lead to fewer complaints  A mediation service should there be any disputes with customers  The Trading Standards Service can offer relevant training seminars to assist with legal compliance.  Improved Consumer Confidence

How to Join

Contact:

Gateshead Registered Trader Scheme Trading Standards Development and Enterprise Civic Centre Gateshead Tyne and Wear NE8 1HH

An information and application pack will be sent to be completed and returned.

Alternatively interest can be registered at [email protected]

Version 2 October 2011 Page 5 of 8 Appendix A

Version 2 October 2011 Page 6 of 8 Trader Commitment

 Traders will make every effort to ensure the goods and services supplied in the course of the contract attain at least the minimum legal requirement.  Goods and services will be satisfactory and as per description. Goods will be fit for the purpose for which goods of that kind are commonly bought.  Any service will be done with reasonable care and skill, within a reasonable time and for a reasonable charge.  Prices will be made clear to the customer before the contract begins.  Where a quoted price for a job is given there will be no variation of that price.  Where only an estimated price for a job is given the consumer must be advised of any unforeseen increase in cost and the reason for this prior to such work being commenced. The consumer will be given the opportunity at this stage to withdraw from the contract if this extra sum/work is greatly at variance to that envisaged.  Upon completion of any work traders will provide customers with an invoice, including full business details, detailing the work carried out and the total cost inclusive of VAT.  Where a guarantee is provided on goods or services traders will endeavour to ensure that it is made clear when they can and cannot assist.  Gateshead Council has implemented ‘No Cold Calling Zones’ within the Borough and these areas must be respected at all times.  Traders will comply with Building Control Legislation.  Businesses using letterhead must ensure it fully complies with the Companies Act 2006 by disclosing full address and proprietor details.  Traders must supply each customer with a current copy of this code of practice.  When requested, traders must produce any documentation requested by Trading Standards or any other relevant enforcement agency.

Audit of Traders

 Gateshead Council will carry out an audit of each registered trader once every two years. This will be communicated to each trader at least two weeks in advance of the audit taking place.  The audit will require confirmation from the trader regarding their current trading status, business details and clarification of any current membership of trade associations or organisations.  As part of the audit process traders will be asked to produce an example of the invoice to be used by the business.

Commitment by Trading Standards

 Trading Standards will provide a fair and impartial service to business.  A liaison officer will be appointed by Trading Standards and will act as the first point of contact for advice and assistance on consumer law matters.  Trading Standards will provide advice on specific enquiries and will provide registered traders with updates on changes to legislation as and when appropriate.  Gateshead Council undertakes to promote the scheme and maintain a register of traders which will be regularly updated and available to view via the Council’s website.

Version 2 October 2011 Page 7 of 8 Training Seminars

 Training will be made available annually to members of the scheme on areas of consumer law. Whilst it is not compulsory to attend the training courses they will be held in the interest of keeping businesses up to date on new rules affecting the way traders need to comply with the law. Alternatively a meeting can be arranged at a more convenient time at the request of an individual trader to discuss these issues.

Dealing with a Dispute

 Traders will endeavour to resolve disputes through a process of negotiation and maintain a professional and courteous attitude irrespective of whether or not an agreement can be found.  Where a dispute hinges on a point of fact an agreed third party will be appointed to determine the cause of for e.g. the condition of the goods. Therefore, on occasion, such a party will decide whether an item is faulted or has merely deteriorated naturally and acceptably through use.  If agreement cannot be made as to the expert best suited to rendering such a judgement Gateshead Trading Standards Service will recommend an expert to render judgement.  Once this expert makes their judgement all parties will abide by their decision in its entirety.  If a dispute hinges on a point of law and a consensus cannot be reached with the consumer it is agreed that the legal opinion of Gateshead Trading Standards Service will be final.  This will include agreeing to the opinion of Officers of Gateshead Trading Standards Service as to what they regard as the proportionate and reasonable remedy.  Traders agree that if in the opinion of an Officer at Gateshead Trading Standards Service they have failed to abide by this code that they will be removed from this scheme.  Where such occurs it is agreed and recognised that Officers of Gateshead Trading Standards Service may then assist a consumer in taking legal action and writing a witness statement for such a case advising the Court of the failure to abide by the code.  It is recognised that if a consumer fails to abide by the Code they will not get such assistance in pursuit of legal action.

Version 2 October 2011 Page 8 of 8