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Alex J.
Alex J., Solicitor
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Experience:  Solicitors 2 years plus PQE
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To say that a person is operating his business as a Rouge trader

Resolved Question:

To say that a person is operating his business as a Rouge trader with not having a cash till or providing receipts at point of sale
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Not having a cash machine and not giving out receipts is not in my opinion a pre requisite of a rogue trader.
A rogue trader in my opinion some one who deliberately avoids/ignores and/or contravenes legislation designed to protect consumers by:
- Being Dishonest;
- Deliberate misleading them;
- Refusing to comply with obligations in favour of a consumer after the point of sale.
Do you have any more details you can provide me?
Kind regards
AJ
Customer: replied 2 years ago.

this person has operated in a manner with not having a cash register for fifteen years and has not provided a receipt for goods sold within this shop that is on a golf club which is allowing him to operate in my opinion as a rouge trader, having no regard for his employer and does not operate within the rules of todays business practices. All cash monies go into a drawer without any record of sale, and most items in the golf shop has little or no price tag, and items years old being sold at top price. this is his own doings but nothing bothers him as being protected being within the club boundary.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Unless he has specifically refused to honour your consumer rights for example right to return damage or faulty or breach of Sale of Goods Act 1979 - what you have described is not a specific consumer breach.
There may be an issue that he is not paying VAT if he is collecting every thing in cash and not labeling items with prices - this would be a matter for the HMRC.
If you are concerned about his trading practice, the only thing I can suggest you do is contact www.scotss.org.uk/ - trading standards.
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 2 years ago.

If we the members actually called him a rouge trader within a letter or email could we be accused of slander.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Potentially yes it would be defamatory to call him a "rogue trader" because it has very negative connotations.
If you want to make accusations you are much better off putting your concerns in writing as questions for him to answer. Give him an opportunity to make a rod for his own back.
Is he even a member of the golf club? Does he own the shop?
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3519
Experience: Solicitors 2 years plus PQE
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