Unit LA47 First Line Consumer Legal Advice

Unit LA47: First Line Consumer Legal Advice Unit Summary This Unit is designed to equip you with a broad understanding of the knowledge required to provide clients with information and advice on consumer and contract law at the point of initial contact with the service and to decide when to refer a client on to alternative or more specialist sources of advice The Unit supports the generic National Occupational Standards for Legal Advice. It is an optional unit in the NVQ Level 3 in Legal Advice. To meet the National Standard you must be able to: a) Identify and explain the legislative framework in your country relating to consumer and contract law and explain the difference between goods and services b) Describe the common elements of contract law as it applies in your country c) Explain the relevant statutory rights and associated remedies in relation to consumer and contract legislation as they apply in your country d) Describe criminal issues and discrimination within the provision of goods, services and credit as they apply in your country e) Describe the role of relevant consumer organisations and agencies in your country f) Explain appropriate methods and relevant legal proceedings for taking action to resolve issues, including the critical time limits that apply g) Explain how to recognise and challenge unfair terms and conditions h) Explain how to differentiate between the range of transactions in order to recognise the relevant legislation i) Describe how to identify relevant social policy issues and take appropriate action Knowledge and Understanding You must show that you know and understand: 1. The legislative framework relating to consumer and contract law in your country covering:      The sale of goods The supply of goods and services Consumer credit Limitations Protection from unfair trading 2. The key differences between goods and services 3. The common elements of contract law:     The basic principles of a contract Express and implied terms Who the relevant parties may be to any contract Which contractual terms can be challenged NOS for Advice: Consumer Advice: consultation draft 01.12,08 -1-  The issues of jurisdiction in your country relating to where a contract is formed, including distance selling and holiday clubs  Breach of contract and available remedies 4. The statutory rights and remedies available to clients:      Those regarding delivery, price and quality Cancellation rights and the consequences of exercising such rights The six-month reverse burden of proof under sale of goods legislation The right to acceptance/rejection of goods The practical difficulties involved in enforcing rights 5. How to identify when cancellation rights apply relating to contracts concluded in the home and the relevant action to take 6. Criminal and regulatory issues and discrimination within the provision of goods, services and credit 7. The role of national and local consumer organisations and agencies:      Office of Fair Trading (OFT) Trading Standards European Consumer Centre Ombudsman schemes Consumer Focus 8. Common arbitration and alternative dispute resolution schemes, including the related critical time limits 9. Relevant small claims methods, legal proceedings and forms in your country, including the critical time limits 10. Unfair terms trading practices including unfair contract terms and how to challenge them 11. The different kinds of transactions in order to recognise the relevant legislation in your country, including:  Trader to consumer  Trader to trader  Private to private 12. Relevant social policy issues such as unfair trading or vulnerable clients, and the action required by their own organisation NOS for Advice: Consumer Advice: consultation draft 01.12,08 -2- Unit LA48: Consumer Legal Advice and Casework Unit Summary This Unit is designed for you if you specialise in the provision of legal advice in relation to a broad range of consumer and contract issues. This includes advising clients on more complex areas of consumer law. You will also know how to prepare and present cases in formal or informal hearings. The Unit supports the generic National Occupational Standards for Legal Advice. It is an optional Unit in the NVQ Level 4 in Legal Advice To meet the National Standard you must be able to: a) Interpret and explain the relevant legislation, case law and guidance in your country relating to consumer law b) Explain how to recognise the situations in which disability discrimination legislation applies to consumer advice c) Describe the different types of credit and the distinctive nature of hire purchase, together with the relevant implications for clients d) Describe the proper execution of credit agreements, including licensing, the consequences for enforceability and the statutory rights attached to such agreements e) Explain how to follow the pre-action procedures and relevant civil procedure rules in your country f) Explain how to use relevant sources to identify unfair contract terms and describe the tactics and arguments that can be used to challenge such terms g) Describe the problems, trade practices and fraudulent activities (scams) amongst the range of common trading areas and list the appropriate regulators for referral h) Describe the appropriate strategies to choose when negotiating for clients and explain how to assess the potential forms and amount of redress i) Describe the appropriate next steps where a negotiated settlement is not possible, including appropriate agencies who may be involved j) Explain how to assess the risks and costs in taking action to resolve cases via court or arbitration, the prospects for success and the circumstances when a case may not be allocated to a small claims process k) Describe how to complete the court forms appropriate to relevant proceedings l) Describe the procedures and costs of enforcement of judgements in your country and the practicability of enforcement m) Describe the rules for and the risks of appealing a judgement Knowledge and Understanding You must show that you know and understand: 1. The relevant legislation, case law and guidance in your country relating to consumer law:  The sale of goods  The supply of goods and services  Consumer credit NOS for Advice: Consumer Advice: consultation draft 01.12,08 -3-     Distance selling and marketing, e-commerce Unfair terms and exclusion clauses Doorstep selling (cash and credit) Package holidays and time shares 2. The Disability Discrimination Act or relevant up-to-date legislation and how it applies to consumer advice 3. The different types of credit, the distinctive nature of hire purchase and the implications in each case for:        Liability Title Cancellation rights Pre-disclosure Early settlement Breach Right to terminate regulated credit agreements 4. The proper execution of credit agreements, including licensing, the consequences for enforceability and the associated statutory rights 5. The relevant rules in your country relating to civil procedures, including the preaction procedure 6. The relevant sources and how to use them to identify unfair contract terms, precedents and tactics 7. The types of tactics and arguments that can be used to challenge unfair contract terms and other unfair trading practices 8. The types of common problems and trade practices for:         Cars Domestic electrical appliances, including computers and contracts for Internet access Building and double glazing Furniture Dry-cleaning Insurance Transfer of utility supply contracts Telecommunications 9. The types of commonly occurring fraudulent practice (scams) and the appropriate regulator for referral 10. The range of strategies when negotiating for clients and how to assess the forms and amounts of redress NOS for Advice: Consumer Advice: consultation draft 01.12,08 -4- 11. The appropriate next steps in your country when it is not possible to reach a negotiated settlement, including alternative dispute resolution (ADR) fora, court procedures or relevant agencies, such as the appropriate Ombudsman 12. How to judge the appropriateness of ADR, taking account of the risks and costs involved and the likelihood of it being worthwhile 13. The criteria for evaluating the strength of a case to be brought via court or arbitration, including the risks and costs involved and the prospects for success 14. The circumstances when a case may not be allocated to a small claims process 15. How to complete the court forms appropriate to relevant proceedings in your country 16. The procedures and costs of enforcement of judgements in your country and the practicability of enforcement 17. The rules in your country for appealing a judgement and the risks and costs involved NOS for Advice: Consumer Advice: consultation draft 01.12,08 -5-