Have you had a few too many at lunchtime?

one doesn't drink it clouds the mind.

The preamble to the Human Rights Act 1998 (HRA) describes it as ‘an Act to give greater effect to rights and freedoms guaranteed under the European Convention on Human Rights’ (the Convention). To understand the HRA you need to know something about the history of the Convention. The Convention was drafted after the Second World War. British lawyers and civil servants were heavily involved in its drafting. The United Kingdom (UK) signed up to the Convention in 1953 and was one of the first countries to do so. In all, 47 countries have now signed up to the Convention including most of the east European, former communist countries and several countries that were once part of the Soviet Union. The countries that have signed up to the Convention make up the Council of Europe. The Council of Europe is quite separate from the European Union. The Convention is divided into ‘articles’. Articles 2 to 14 set out the rights that are protected by the Convention. Over the years the Convention has been supplemented by a number of protocols that have been agreed by the Council of Europe. Some of the protocols just deal with procedural issues but some guarantee rights in addition to those included in the Convention. The UK has signed up to two of the protocols that guarantee additional rights (the First and Sixth Protocols) but not to the others (the Fourth, Seventh and Twelfth Protocols). The European Court of Human Rights (ECHR) is the international court set up to interpret and apply the Convention. It is based in Strasbourg, France and is made up of judges nominated by each of the countries that are members of the Council of Europe. Since 1966 people have had the right to bring cases against the British Government in the ECHR. Over the years there have been many cases in which the ECHR has found that the UK has breached the Convention. One reason that there have been so many findings against the British Government is that there was no way that people could get redress for a breach of their rights under the Convention in the British courts. This and the fact that taking a case to the ECHR can take several years were major factors in persuading the Labour Government to pass the HRA shortly after they came to power in 1997. Many people believe that the HRA is one of the major achievements of that Labour government. Because the Convention is now over 50 years old some of the language that it uses is quite outdated. However, the ECHR has often stressed that the Convention is a ‘living instrument’. This means that as society and attitudes change, the ECHR will change and develop the way in which it interprets the Convention. The ECHR will, however, still tend to follow the precedents set by earlier cases - where it does not it will make clear why it is not doing so. It is therefore important to look at past decisions of the ECHR. Moreover, the HRA requires the courts in this country to take the ECHR’s past decisions into account when deciding cases under the HRA. These decisions are now posted on the Internet in the website of the ECHR (www.echr.coe.int/echr/). Print this pageBack to to topAbout this siteContributorsFeedback and ComplaintsSitemapLiberty WebsiteThis page was last updated on 18 January 2012

The preamble to the Human Rights Act 1998 (HRA) describes it as ‘an Act to give greater effect to rights and freedoms guaranteed under the European Convention on Human Rights’ (the Convention). To understand the HRA you need to know something about the history of the Convention. The Convention was drafted after the Second World War. British lawyers and civil servants were heavily involved in its drafting. The United Kingdom (UK) signed up to the Convention in 1953 and was one of the first countries to do so. In all, 47 countries have now signed up to the Convention including most of the east European, former communist countries and several countries that were once part of the Soviet Union. The countries that have signed up to the Convention make up the Council of Europe. The Council of Europe is quite separate from the European Union. The Convention is divided into ‘articles’. Articles 2 to 14 set out the rights that are protected by the Convention. Over the years the Convention has been supplemented by a number of protocols that have been agreed by the Council of Europe. Some of the protocols just deal with procedural issues but some guarantee rights in addition to those included in the Convention. The UK has signed up to two of the protocols that guarantee additional rights (the First and Sixth Protocols) but not to the others (the Fourth, Seventh and Twelfth Protocols). The European Court of Human Rights (ECHR) is the international court set up to interpret and apply the Convention. It is based in Strasbourg, France and is made up of judges nominated by each of the countries that are members of the Council of Europe. Since 1966 people have had the right to bring cases against the British Government in the ECHR. Over the years there have been many cases in which the ECHR has found that the UK has breached the Convention. One reason that there have been so many findings against the British Government is that there was no way that people could get redress for a breach of their rights under the Convention in the British courts. This and the fact that taking a case to the ECHR can take several years were major factors in persuading the Labour Government to pass the HRA shortly after they came to power in 1997. Many people believe that the HRA is one of the major achievements of that Labour government. Because the Convention is now over 50 years old some of the language that it uses is quite outdated. However, the ECHR has often stressed that the Convention is a ‘living instrument’. This means that as society and attitudes change, the ECHR will change and develop the way in which it interprets the Convention. The ECHR will, however, still tend to follow the precedents set by earlier cases - where it does not it will make clear why it is not doing so. It is therefore important to look at past decisions of the ECHR. Moreover, the HRA requires the courts in this country to take the ECHR’s past decisions into account when deciding cases under the HRA. These decisions are now posted on the Internet in the website of the ECHR (www.echr.coe.int/echr/). Print this pageBack to to topAbout this siteContributorsFeedback and ComplaintsSitemapLiberty WebsiteThis page was last updated on 18 January 2012

Although I didn't lock the said thread (why am I justifying it??) the tickets were sold so I assume it was then
locked as there wasnt any point keeping it open.

Unless you have a hidden agenda, if you do, please tell!

It's all getting a bit deep on here this aft'!!!

Modgate

You little devil !!!!!!

what the bejaysus you on about

New Regulations have introduced greater consumer protection measures for the increasing number of people buying online and by mail order. Although the practice is still not without its problems due to the anonymity of the web and the regularity of card fraud.

The purchase of goods and services over the internet, by phone or by mail order generally is subject to the same consumer rights as if you had bought the item on the high street. However because you have not been physically face to face with the supplier, these types of purchases are also subject to the Distance Selling Regulations. If you have met the seller at any point (such as to test drive or agree the sale of a car), or if it is with a shop which doesn’t make a habit of selling in this way, you won’t be covered and should look to Sale of Goods legislation instead.

The supplier’s obligations
If you’ve ever ordered a product or commissioned a service over the internet, via email or by phone, then you are doing so under a Distance Selling contract. The supplier must provide you with specific information related to your rights and their obligations under a distance selling contract. This ‘pre-contractual’ information should include: identity of the supplier, description of the main characteristics of the product or service, price, delivery costs, arrangements for delivery, performance and payment, cancellation rights, cost of communication (for e.g. premium rate telephone line), period of validity of offer, information regarding substitute products. This information must be communicated clearly, but not necessarily in writing, before your order is confirmed so that you can be in possession of all the facts should you wish to change your mind. Remember also that the price you see when you ‘add to cart’ is often not the price you end up paying. Any additional costs such as VAT, shipping, handling or administrative fees, customs duties etc that you are responsible for should be clearly set out before you confirm payment.

if you have not received any pre-contractual information (outlining, among other things, your cooling off rights) before you buy, then you should do so before the goods have been delivered. if you haven’t been presented with this information at any time, then this will have important implications for your cooling off period. See our Distance Selling Regulations and your right to cancel section for more on this.

Your right to cancel
One of the most important implications of the distance selling regulations is a cooling off period of 7 working days during which you have the right to cancel and get a full refund. The supplier must provide you with details of your cancellation rights, any duty to return the goods should you cancel, and whether you will have to pay for this. In return, you must provide notice of cancellation in writing, which this must be posted, left at, faxed or emailed to the business address of the supplier no later than 7 working days after receipt of goods.

The supplier must then reimburse you within 30 days without charge (unless you have been expressly informed that you will be liable for a charge) and if you have any related credit agreements, these will also be cancelled.

The work started before the 7 day cancellation period was up!
Unless you have agreed otherwise, goods must be delivered, or services performed within 30 days from the date you submitted your order. If you have commissioned a service under a distance selling contract and the supplier offers to start the work before the end of the 7 day cooling off period, then you can give up your right to cancel, but you must be notified of this and your express permission sought. If the work started with your permission and the supplier has not provided you with the compulsory pre-contractual information prior to their starting, you may still have your right to cancel and get a full refund even though the work has been completed!

Does the right to cancel apply for all goods bought by mail order?
There are obvious exceptions and you will not have the right to cancel with the purchase of the following goods:

Goods made to a personalised specification
Perishable goods, such as foodstuffs and flowers
Audio/video recordings or software where the seal has been broken
Newspapers, magazines or other reading material (not books)
Gaming, betting, lotteries
Getting your money back
Under the distance selling regulations, you are quite within your rights to change your mind at any time, return the goods and get a full refund. This means without financial penalty of any kind – such as a cancellation charge or a ‘restocking’ fee. The supplier must also refund any delivery charges paid by you, and any other costs related to the contract. Refunds must be made within 30 days from cancellation, whether or not the goods have been sent back. Any related credit agreements will also cease to exist.

You may be required to pay to return the goods, but you must have been informed of this as part of the pre-contractual information. if the goods are faulty, then under Sale of Goods, the supplier will always bear the cost of returning them.

Returning the goods
Unless you are required to return the goods, and you were informed of this, your only obligations are to make the goods available for collection and to take reasonable care of them while they are in your possession. This is called a duty of care. Where the supplier has made provision to collect the goods, this duty of care expires after 21 days, but where you have agreed to return the goods, your duty of care continues until you do this and could be for as long as 6 months.

Packaging
Under a distance selling contract, a supplier cannot make refunds subject to the goods being returned unopened in their original packaging. One of the principles of the distance selling regulations is to give you a chance to examine the goods at home, not having had a chance to do so in the shop. It would be impossible for you to do this without opening the packaging and trying the product out. Having said this, you will still be under a duty to take reasonable care of the goods while in your possession, and may be subject to certain instructions such as not to wear shoes outdoors, or remove hygiene seals. But you can never be penalised simply because you did not return the goods in their original packaging.

Card protection
For amounts of money over £100 it is always advisable to pay by credit card. This is because if you run into problems and you can’t get recompense from the supplier, the credit card company has equal liability. However for goods and services paid for specifically in a distance selling context, you are automatically protected against fraudulent use of your payment card – whether this is a credit or debit card. If you ever find an entry on your bank statement for a sum of money that you did not authorise, in relation to something you bought online, over the phone or by mail order generally, you are entitled to 100% of the fraudulent amount to be recredited to you by the card issuer.

Do take care however with advance or pre-payments as these are not protected against fraudulent use, and in any case, the supplier may become insolvent before your goods or services are delivered, leaving you with nothing, and little recourse.

crikey i only bought a ticket for a mate and his lad who are coming to see wakey for 1st time, didn't want to start WW3

Holy Whatnots, it's getting a bit heavy on this subject.

Ken Dodd knows is stuff

First off 2.2. Public criticism of the moderation process is prohibited.
* Any member who has a question about the decision of a moderator should ask them via the Private Message system.
* If you are dissatisfied with their response then you should contact the Admin Team as detailed below.

2nd off, its quite clear he locked it because the tickets have been sold.


3rd off Human rights mean nothing on this forum

4 off i suggest you apologise to Wildthing or will exercise my abuse of human rights and ban you.

HTH.

Oh stop whining, sweetheart.