Doorstep Selling: Your Right to Cancel
Until recently, the Doorstep Selling Regulations only covered contracts which were made in the consumer’s home or place of work as a result of a cold call or an unsolicited visit. New Regulations (The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008) have recently come into force which extend these rights for all contracts over £35.00, irrespective of whether they were made through unsolicited or pre-arranged visits with the trader or rep. The Regulations aim to protect anyone who may have entered into an agreement as a result of undue pressure, by allowing you a cooling off period of 7 calendar days during which time you have the right to cancel. Although, there is another advantage in that it also enables you to go away and compare alternatives.
You may also invoke your rights under these regulations if you have offered to buy something or commission a service from at a presentation of some kind, where business is taking place away from the organisation’s usual business premises. Incidentally, this includes signing up for a timeshare in the resort itself, where this is away from the offices of the timeshare company. It is also the case even when contracts are concluded at a later date, back at the trader’s shop of office – the fact that you have made your offer away from here is the important thing.
The Seller’s Obligations
With any contract or sale made in this way, you must be sure you have been presented with clear written notice of your 7 day right to cancel, at or before the time the contract is made. If you have not, the contract is legally unenforceable, even if a deposit has been paid. This notice, which cannot be in the form of small print, or otherwise disguised, must also provide a cancellation form and advise you on how and to whom a notice of cancellation is to be made. Any related credit agreements will also be cancelled. .
Where you have no cooling off period
If you are commissioning a service and work starts before the end of the 7 days, your cooling off period also comes to an end. But (and this is a very big but!), you must have been advised in writing and you must have agreed to it before the work commenced. If no notice was provided, the company may have acted unlawfully.
Contracts for certain goods and services do not have a cooling off period, even though they were concluded at your home or place of work.
- Goods and services relating to a funeral
- Goods which are personalised or made to a personal specification
- Perishable goods, or those which are consumer buy their use and cannot be returned
- Goods supplied to meet an emergency
- Newspapers, periodicals or magazines
- Advertising
- Goods whose price is dependent on fluctuations in financial markets
- The supply of goods to meet an emergency
How to cancel
Similar to the Distance Selling Regulations, you are able to cancel the contract at any time within 7 days from the time the written notice (of your right to cancel) was given to you by the trader. You can either use the cancellation form which should have been provided, or a simple written notice, as long as it is clear of your intentions. Emails are now recognised forms of written notice. With regard to sending your notice to cancel by post, as long as it has been posted before the end of the 7 days, it doesn’t matter when it is actually received. For this reason, it is always advisable to send it recorded delivery.
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this article is very helpful but please could you tell me if this includes a right to claim back deposit i have already paid?
thank you
Alison, You have the right to claim back 100% of the monies paid
Does this include contracts with estate agents to sell my house? I’ve read that these new regulations do not apply to contracts for the sale of property?
Thanks
I paid deposit on barclaycard – i cancelled with the 7 day cooling off period – i notifed barclaycard also but todate the deposit has not been returned. Barclaycard have place the amount in dispute can you confirm I am no longer liable if all parties were notified by phone and in writing within 7 days from visit date?
Hannah, you are correct, this legislation does not apply to the sale of property, although there is lots of other legislation which applies to estate agents.
Chris, if this is a doorstep selling contract? If it is, and the work has not been carried out, you can cancel at any time within 7 days and get back all monies paid – including your deposit. Are Barclaycard aware that this is a doorstep selling contract?
yes barclaycard are aware it was a cold call doorstep sale but the customer service people dont seem to know consumer law. also i rang the solar panel co. involved who told me they would send ME a cheque in theNew Year I said no (in case it bounces) and that my contract is with Barclaycard and they must refund to barclaycard. This enquiry is on behalf of my father who is 86 and I found the paperwork. Also he was never given a cancellation form with contract, neither does contract say anywhere right to cancel in 7 days – all things i believe designed to mislead the customer who may not be aware of their rights.
i challenged the co. who said the salesman had used an old contract???I have e mailed also watchdog about the co.
What should i tell barclaycard they must do?
Chris, you are right, although you would expect Barclaycard to know. Under the regs you must have your money back within 30 days. The fact that you were not presented with the requisite information during the visit renders the contract legally unenforceable. Therefore you could actually get the work done, not pay them a penny and there would be nothing they could do about it.
Do these regulations cover Conditional Fee Agreements with Solicitors (signed at home)?
The perceived wisdom is that they probably do, although lawyers have only just appreciated that.
The standard CFA does not have a “cooling off” period. Given that the purpose of the agreement is that the consumer does not pay for the service rendered, and that there are considerable controls on solicitors, one wonders what the point is.
Aaron, not 100% sure, although one of the clauses in schedule 3 (excepted contracts) says:
Any agreement the making or performance of which by either party constitutes a relevant regulated activity.
A cancellable agreement means any contract which has its own separate cooling off period, such as financial products, credit etc. I’m not sure which legislation covers CFAs I’m afraid.
If I have paid a deposit but was never given notice of my right to cancel, and I signed the contract and handed over the deposit 3 weeks ago, how can I claim back my deposit? (I have missed the 7 day cooling off period obviously, but was never given the notice)
Shrub, If your cooling off information has not been delivered to you, then not only is the trader guilty of an offence but the agreement is also unenforceable. Therefore you have the right to your deposit back. You are within your rights to take this matter to the enforcement authorities if the trader does not comply – this might give you some leverage.
Hi i had a guy come around from GKR Karate last night and after a 30 min chat i agreed to pay £49 for my 2 children to start lessons for 4 months. Since then my wife has found out that we can get them cheaper closer with another club.
I paid by cheque and understand it will cost me £10 to cancel it but i have emailled the guy and asked for the cheque to be returned. Am i covered by law I have looke but cannot find a cooling off period mentioned in the pack.
Thanks in advance
Dino
Dino, Under the new doorstep selling regs you have a cooling off period of 7 days, and the Karate club cannot charge you a cancellation fee. By law you must be supplied with your cancellation rights (including a cancellation form). Failure to do is not only unlawful but makes the transaction legally unenforceable.
In the thread above from Catriaon on 23 December, it says money must be refunded under the regs within 30 days. Please can you quote the specific clause and regualtion you are referring to, as I cannot find this timescale anywhere. Thanks