Did you know that you have no legal rights to cancel a contract made in the home? I had assumed there was an automatic cooling off period of seven days but it isn't quite as simple as that.If you receive an unsolicited visit .i.e. a cold caller then by law you do have a seven day right of cancellation.However,if you invite a salesperson into your home for a quote and end up signing a contract without credit terms then you are bound by that contract.

I was shocked and appalled to discover this in relation to my elderly mom (bless),who signed up to large contract for home repairs. Fortunately,after a lot of heartache,I have managed to persuade the company concerned that it is not in anyone's best interests to enforce the contract. There were other factors which I won't detail here which I feel made the contract unenforceable anyway.Thankfully due to common sense no one will be burdened with legal process.

Nevertheless,I wanted to make other people aware of this situation and warn them to carefully consider what they are letting themselves into by being persuaded by 'clever' salespersons to sign up there and then.

Am I alone in thinking that there should be a compulsory cooling off period for all purchases made away from business premises ?

Hi bf --- In reply to your last part, no you are not alone in thinking there should be the same protection at home for everyone, especially the elderly and vulnerable.

The Government has received a, "super complaint" from the Citizens advice and fresh legislation may be on it's way to address this injustice, by giving people a cooling off period of 14 days on doorstep sales solicited or not, which in my opinion is long overdue. I have been of the opinion for a long time that doorstep sellers should be accredited, vetted and licenced by law,  to even be allowed to knock on doors to carry out these types of sales.

http://www.citizensadvice

.org.uk/index/pressoffice

/press_index/press

-051101b.htm

As it stands at the moment these are the main doorstep selling contract laws.

2. Cancellation rights applying to doorstep sales vary:

• Where a purchase arises from an unsolicited visit there is a cancellation period of seven days starting from the day after the purchase. 

• If the consumer did something to invite the trader to their home, such as responding to an advertisement, they are not entitled to any cancellation rights under the Doorstep Selling Regulations

• If you agree to purchase goods or services with a linked credit agreement you have five days in which to cancel, starting on the day after you receive a cancellations notice – this could be included with your copy of the credit agreement or be sent separately. 

• Where cancellation rights do exist they must be given in writing at the time the contract is made.  If these cancellation rights are not given, a criminal offence has been committed and the contract is not valid. 

ck,

Thanks for that link.I had researched the topic at length over the weekend but hadn't found that article.Disappointingly,it was dated Novemeber 2005. You know there is so much interference by this Government through legislation in people lives,yet in a case like this where all of us would benefit,in my opinion,it takes forever to get things moving.

I can tell you it has been a very stressful episode and is why I haven't had much time to post over the weekend.Happily the individual case is resolved but it is something I want to pursue on the general level.

Do you have any thoughts how I might best direct my experience and thoughts?

Agreed, this Government can rush through new laws when it suits their needs, it is preposterous that our elderly and vulnerable are left exposed and out on a limb, to the actions of some unscrupulous doorstep sellers.

All I can suggest is put all the circumstances of your Mother's unfortunate plight which you have had to sort out for her, into a well written letter and send all the facts to the likes of the OFT, DTI, and Citizens advice, a copy to Age concern would probably help also, the more facts they have to arm themselves with the better.

ck,

I will do that. I had already written to the OFT's Consumer Helpline,so that can form the basis of the content to the others.It really was the stuff of nightmares. Mom was in the process of getting at least four quotes. One potential supplier had surveyed and was preparing a written quote,when this second caller managed to persuade her to sign up there and then.When later challenged, he had the gall to threaten my mom and myself with legal enforcement action including a charge on her property.

The problem faced that was that the contract in law appears to be binding and despite the horrendous exploitation evident,I didn't want to put mom to anymore distress by running the finer details of the case in law.The other quote arrived today at exactly half of the first one, showing the extent of the exploitation.Needless to say,I bet we can probably halve that again by shopping around.

The trouble is,there and then,it's all to easy and tempting for any of us to say,oh what the hell,I can't be bothered,they sound good I'll sign up.Almost as soon as they have left, reality returns and you face the consequences of your haste.As you say,the elderly and vulnerable seem to attract them.Shameful !!

Just to add to this for anyone who may need the information: 

Remember that all contract law applies to these contracts so they can fail on the grounds of uncertainty, misrepresentation mistake etc etc.  If no other course (or cause!) of action presents itself, then try to see if the contract per se, regardless of where it was created, is invalid in any way.

Cat

I believe there was a huge weakness in enforcement on two grounds and would would welcome any views (albeit academic because they have conceded).

1. If we point blank refused to allow the work to be done,what could they sue for? As no survey work had been done,no materials ordered,no plans drawn up,what was their loss? Surely they couldn't claim loss of profit?

2. The salesperson said that work to the rear of the property was needed (another supplier had said it was ok) and the original intention was to exclude it. I felt that by introducing new goods and services beyond that requested,the visit actually became an unsolicited call and consequently the seven day statutory right of cancellation was permissable.Indeed,if it was an unsolicited visit,the salesperson failed to inform of the seven day cooling off period and was therefore guilty of a criminal offence with a possible fine of up to £2500.

What do you think?

bf -- Have a good read of this article from the DTI on what constitutes a solicited call or not and your rights, also info on what they could sue you for if you back out, if it's a legal contract, there is a bit that mentions building work.

http://www.dti.gov.uk/

consumers/buying-selling

/Doorstep-selling/FAQs/

page29175.html

If you refused to allow the work to be done you would be intentionally frustrating the contract.

Cat

Damages or specific performanace, i believe, but don't quote me on that as I am somewhat rusty.

SP means that they get a court order to compel you to allow the contract to be completed.  Unlikely, I believe, they would be more likely to go for damages to the tune of their lost profits.  If that were the case, then I would say check their figures and dispute them. 

But I feel it would be unlikley as it wouldn't be good publicity for the company concerned.  Better to be understanding, I feel.

Cat