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Consumer Rights Directive: BIS consultation (Read 105,521 times)
SilentCallsVictim
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Re: Consumer Rights Directive: BIS consultation
Reply #30 - Dec 14th, 2013 at 7:36am
 
loddon wrote on Dec 13th, 2013 at 8:45pm:
Quote:
Calls between landlines are typically charged up to 10p per minute

Presumable this last line is their answer to what is the basic rate .

Is it misleading and substantially inaccurate because it does not mention geographic numbers nor geographic rate numbers nor that for these numbers the rate is TYPICALLY zero pence per minute as they are pre-paid within packages?   Most customers will be using pre-paid packages because that is what industry statistics indicate.   The "up to 10p" rate is the exceptional rate for calls made outside the terms of a package.

The assumption is false.

The actual definition of basic rate, for the purposes of the regulation, is contained in the guidance associated with the regulations. This covers the messy situation that will continue to exist until the Ofcom measures come into effect in June 2015. It confirms the key purpose declared in the body of the news release (rather than in the supplementary "notes to editors" from which the quoted extract is taken):

Quote:
put an end to expensive premium, 084 and 087 numbers for customers

The text of the regulations, the guidance (which will be considered by a regulator or court when assessing any case) and the "analysis of comments", which explains how BIS has balanced the various stakeholder interests, are covered by the policy detail statement, which was published yesterday afternoon. All those who engaged with BIS during the discussions over the provisions were advised of this publication at the time it was made.


There may be some who would wish to present the requirements in public as permitting continuing use of 084 and 087 numbers, by highly selective use of a quotation to support a false assumption. We see it as important that the objective of achieving cessation of improper use of 084/087 numbers is not undermined by publication of false and misleading statements.

We cannot deny the reality that calls to 0800 or 084/087 numbers are sometimes cheaper than calls to geographic rate numbers, and sometimes not, at present. BIS has had to address this, despite the fact that there is no equality in the incidence of such cases. Furthermore, media editors want to see actual numbers, even though these might be misleading, and BIS has responded to this demand. There is no need for reference to "typical" costs in the regulations or guidance - the assumption that there is such reference must be seen as ill-informed, at best.

For those who may be thinking back to a recent situation where the issue of perverse costs was deliberately misrepresented by interested parties, BIS makes it perfectly clear that the current perverse charges relate to the circumstances of a particular caller, not a particular number. It is also able to confirm that its commentary on what is "basic rate" may be revised once the Ofcom measures have been implemented.

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CJT-80
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Re: Consumer Rights Directive: BIS consultation
Reply #31 - Jan 14th, 2014 at 4:27pm
 
Good Afternoon,

Having just noticed a comment made by Dave I wanted to clarify something...

with the CRD comes into force.. will the following area's be covered by the changes?

Transport Operators / Providers of Transport Information - such as: National Rail Enquiries/Traveline/Train Companies/Bus Companies

Government Departments - such as: DWP/Job Centre Plus

I am aware that Insurance is excluded as are Banks which is a pity along with rather oddly vending machines!  Shocked
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Dave
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Re: Consumer Rights Directive: BIS consultation
Reply #32 - Jan 14th, 2014 at 5:02pm
 
CJT-80 wrote on Jan 14th, 2014 at 4:27pm:
Having just noticed a comment made by Dave I wanted to clarify something...

with the CRD comes into force.. will the following area's be covered by the changes?

Transport Operators / Providers of Transport Information - such as: National Rail Enquiries/Traveline/Train Companies/Bus Companies

Government Departments - such as: DWP/Job Centre Plus

I am aware that Insurance is excluded as are Banks which is a pity along with rather oddly vending machines!  Shocked

The fair telecoms campaign has produced a full explanation of the Consumer Rights Directive UK law, including exemptions.

Insurance companies come under "financial services". Government Departments are not public bodies and therefore not private companies so aren't affected by the Consumer Rights Directive.

However, the Government has published guidance on the use of phone numbers which should achieve the same outcome.
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CJT-80
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Re: Consumer Rights Directive: BIS consultation
Reply #33 - Jan 14th, 2014 at 5:21pm
 
Thank you Dave for the links..

Can I just clarify that the organisations I have listed would therefore be covered by this?

I intend to contact a few and do not wish to make a case towards them if I have not got the information correct.

I appreciate Govt Departments are covered differently.

Traveline is still a private business as is National Rail Enquiries.

So am I right in thinking both of those are covered by the CRD?
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Dave
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Re: Consumer Rights Directive: BIS consultation
Reply #34 - Jan 14th, 2014 at 5:29pm
 
CJT-80 wrote on Jan 14th, 2014 at 5:21pm:
Traveline is still a private business as is National Rail Enquiries.

So am I right in thinking both of those are covered by the CRD?

It's a good question and one I'm not sure of the answer to.

National Rail Enquiries is provided by ATOC.

The Traveline website says "Traveline Information Ltd is a partnership of transport operators and local authorities formed to provide impartial and comprehensive information about public transport. It operates in Scotland, England and Wales."
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CJT-80
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Re: Consumer Rights Directive: BIS consultation
Reply #35 - Jan 14th, 2014 at 6:01pm
 
Traveline from that link advises to send all post to an address care of CPT which is the Confederation of Passenger Transport.

Perhaps contacting the Department of BIS is a better idea first..

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CJT-80

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Dave
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Re: Consumer Rights Directive: BIS consultation
Reply #36 - Jan 14th, 2014 at 7:18pm
 
CJT-80 wrote on Jan 14th, 2014 at 6:01pm:
Traveline from that link advises to send all post to an address care of CPT which is the Confederation of Passenger Transport.

Perhaps contacting the Department of BIS is a better idea first..

We're going off topic talking about Traveline, so if you think it'll be worthwhile to continue discussion, please start a new thread — I suppose that the Government and Public Sector section is the most appropriate place.
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SilentCallsVictim
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Re: Consumer Rights Directive: BIS consultation
Reply #37 - Jan 14th, 2014 at 9:57pm
 
There are two different issues being raised here with regard to those who are on the borders of the scope of the legislation arising from the CRD:
  • Could action be taken against them through the courts for using non-compliant telephone numbers
     
  • Will they switch to compliant numbers
Our hope is that all will switch because it is the right thing to do, regardless of the risk of being subject to legal action. That is not to say that the latter does not help the decision process, but the decision to switch is the only issue that truly matters.

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« Last Edit: Jan 15th, 2014 at 5:31am by SilentCallsVictim »  
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Barbara
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Re: Consumer Rights Directive: BIS consultation
Reply #38 - Jun 13th, 2014 at 5:15pm
 
Think I'm posting this in the right thread but I've just noticed this on the BBC news website, they STILL don't get that there is no local rate!
http://www.bbc.co.uk/news/business-27833551
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CJT-80
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Re: Consumer Rights Directive: BIS consultation
Reply #39 - Jun 14th, 2014 at 8:48am
 
Barbara wrote on Jun 13th, 2014 at 5:15pm:
Think I'm posting this in the right thread but I've just noticed this on the BBC news website, they STILL don't get that there is no local rate!
http://www.bbc.co.uk/news/business-27833551



You can give them feedback about it here: http://www.bbc.co.uk/news/21012132

It's factually incorrect....

EDIT:

I decided to give them my own feedback:

"The article linked to above contains the following information: "Companies are also prevented from charging more than a local rate for a customer inquiry or complaint call."

This is factually incorrect as calls are to be charged at no more then a "geographic" rate. There is no such thing as a Local Call..

I would of expected the BBC to have checked this information before displaying it on their website.

More information on this is in Section J of the following link: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/310044...

The information is quite clear: Geographic Rate (01/02/03), FreePhone 080* or Mobile numbers. (*Some mobile providers charge for calls to 080 numbers, but this is due to change)

I would kindly ask you to check and then amend this incorrect information.

Kind Regards."

Hopefully it sum's it up enough for them.
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« Last Edit: Jun 14th, 2014 at 9:42am by CJT-80 »  

Regards,

CJT-80

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derrick
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Re: Consumer Rights Directive: BIS consultation
Reply #40 - Jun 15th, 2014 at 5:04pm
 
How does this affect private individuals who obtained 0844 numbers to give to companies who only offered 0844 numbers?


.
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Ian G
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Re: Consumer Rights Directive: BIS consultation
Reply #41 - Jun 15th, 2014 at 5:47pm
 
My guess is...

Not at all.
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Barbara
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Re: Consumer Rights Directive: BIS consultation
Reply #42 - Jul 11th, 2014 at 12:16pm
 
I see there have been posts re compliance in a number of threads but I thought it best to use this one.  I have noticed that a number of NGN users are providing a mix of numbers, eg Eurotunnel where an 03 number is provided but buried fairly deep among a load of 084 numbers!  I find it significant that their "latest travel information" section only shows the 084 numbers, even earlier this week when they had major problems.   I have noticed that a free catalogue company give an 084 number for orders but, less prominently, an 03 number for queries.   A card protection company (not sure if this counts as financial services or is exempt but they are selling something) still only give an 084 number, except for overseas customers (it does work for the UK, have use it previously). 

To me, it seems that many organisations are paying lip service to the regulations in that, buried deep or on less relevant webpages, is an 03 number but the number(s) given greatest prominence are still the 084/087 numbers.   While great strides forward have been made with this directive, I do think OFCOM will have to keep a close eye on the situation & it might be a good idea if the regs could be slightly amended to state that 01, 02 & 03 numbers should be give equal prominence or, even better, that companies should have to use just 01, 02, 03 (or Freephone with geo alternatives for mobile users).  The current situation is going to cause further confusion to consumers and lead to them still being exploited by the unscrupulous.

(I know what will be said in reply about the unbundled tariff & also accept it is early days but it is something to watch.)
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Ian G
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Re: Consumer Rights Directive: BIS consultation
Reply #43 - Jul 11th, 2014 at 12:38pm
 
You're right that a number of companies appear to have done the bare minimum they think they can get away with. In some cases what they have done falls short of what they are legally required to do. Those cases should be reported to the Consumer Helpline on 0345 404 0506.

The BIS guidelines do state (on page 23 or so) that the "basic rate" number must have no less prominence.

I would hope that BIS are keeping an eye on the situation. Ofcom are not involved. Presumably BIS get to see what action Trading Standards has taken.
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SilentCallsVictim
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Re: Consumer Rights Directive: BIS consultation
Reply #44 - Jul 11th, 2014 at 1:34pm
 
Barbara wrote on Jul 11th, 2014 at 12:16pm:
… While great strides forward have been made with this directive, I do think OFCOM will have to keep a close eye on the situation & it might be a good idea if the regs could be slightly amended to state that 01, 02 & 03 numbers should be give equal prominence or, even better, that companies should have to use just 01, 02, 03 (or Freephone with geo alternatives for mobile users).  The current situation is going to cause further confusion to consumers and lead to them still being exploited by the unscrupulous.

I agree with the points that are made, but would add the following comments.

Enforcement of these regulations has nothing to do with Ofcom. Those who incur additional cost in having to call a non-basic rate number are entitled to recover it, if necessary through the courts. The Citizens Advice Consumer Service will advise consumers and potentially pass cases through to the relevant Trading Standards department. Trading Standards offices have powers to intervene, although in the vast majority of cases they would do little more than speak with the organisation to make them aware of their responsibilities under the law. (Their resources are very limited and must be focussed on very serious cases.)

The BIS Guidance that accompanies the regulations states Quote:
the ‘basic rate’ compliant telephone number should be communicated as prominently as one that is not.
(see point #8 at this link.)

No regulation will ever prevent exploitation by the unscrupulous. Limited enforcement resources must be focussed on the most serious cases. The fair telecoms campaign is doing all it can to clear up some areas of confusion around the fringes of the regulations. Once this has been done, we will seek greater publicity for the clarified terms of the regulations to both traders and consumers.

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