The Jersey Consumer Council was established by the States in 1995 to ‘seek information, investigate, highlight and publicise anomalies and irregularities in consumer affairs and to encourage good trading practices by local business'. In addition, the Consumer Council seeks to promote good trading practices, the ability to exercise individual rights, value for money and adequate compensation. A regular newsletter is published to inform the public about the work of the Council and also any news which is of interest to consumers.
Please note: "The Great Motoring Rip Off" - The price listed for the Kia Magentis in the UK is for a vehicle that has been pre-registered but has had no previous owner and has less than 20 miles on the clock, but the motor industry would view that as "used" and not "new" therefore the price comparison is not like for like. The Consumer Council regrets this error but still believes that the UK deal offers excellent value for money. Please also note if you are going to buy a car in the UK - check to find out if the warranty is valid in Jersey.
Community Mediation Service
Disputes between neighbours and friends could soon be resolved with the help of a new Community Mediation Service.
A six-month trial service is being launched on 1 April 2009 by the Jersey Legal Information Board with administrative support from the Citizens Advice Bureau.
Each party will pay just £20 for a confidential session of up to two hours in which a trained mediator will help people involved in small scale disputes – who agree to enter mediation – to discuss their problems and reach an agreement of their own making.
“Being locked into a dispute that you want to end, but can’t, can affect people’s lives and happiness,” said Advocate David Cadin. “Private mediation gives people the option to resolve a dispute without a court process or having to pay a lawyer. Mediators don’t decide the outcome of the mediation; their role is to help the parties reach their own agreement.”
Neighbours who disagree over boundaries, parking spots or overhanging trees could all be helped by this service, which potentially offers a cheaper, quicker and more mutually satisfactory outcome to their dispute than many alternatives.
Disputes between landlords and tenants, for example over tenancy agreements and deposits, could also be resolved using the Community Mediation Service, although some disputes might be referred elsewhere, for example, to the Jersey Advisory and Conciliation Service or the Jersey Family Mediation Service.
The service will also be open to people who do business together, but if the dispute involves a sum of money it must be less than £10,000.
If an agreement is reached, the mediator writes a legally binding agreement for both parties to sign. If the dispute cannot be resolved, then participants can use the court process to settle their dispute if they wish.
Community Mediation will take place on Tuesdays, Wednesdays and Thursdays between 3.30pm – 5.30pm at CAB in St Paul’s Community Centre, St Helier.
The Consumer Council is happy to learn that the UK Court of Appeal's has clearly confirmed that the unarranged overdraft charging terms for personal current accounts can be assessed for fairness.
The Court found that these terms are not part of the core or essential bargain between a consumer and their bank, and therefore consumers do have protection under the Unfair Terms in Consumer Contract Regulations (UTCCRs) for these terms. Jersey is not covered by these regulations but banks promised to treat Jersey client's the same as their UK clients on this matter, meaning we also will gain from this recent ruling.
The Office of Fair Trading (UK) are now analysing the implications of the judgment for their ongoing investigation. The OFT has already written to the banks with its provisional view on the fairness of the terms, setting out its concerns that they may be unfair. They expect to reach a final decision on fairness later this year.
This means that although the Court ruling is a huge positive step forward, reclaiming bank charges is still on hold.
VOLUNTEERS WANTED
The Jersey Consumer Council needs some volunteers to increase its Membership. We currently have a number of vacancies so that we continue to build and strengthen our representation.
For full details please see below
Please note that these positions are voluntary but there may be, in the future, money available to cover basic expenses.
