Cancelling an order

loopylu

New Member
Dec 12, 2008
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Hi - I have cancelled an order to a company, within 10 days of signing an order form (on November 25th) and paying a 25% deposit. When I called them to say I had to cancel (because I've got to have some expensive and unexpected dental surgery) I was told to email in the cancellation, which I duly did. I did ask for my deposit back and was not told on the phone that I couldn't have it, but in a letter I received today, dated December 9th, the MD says the deposit is not returnable. Please can someone tell me if I am entitled to the statutory cooling off period as this service was sold to me in my home by an agent?
 

GlasgowGirl

Facilitator
Jul 22, 2008
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Hi, have a look at the What Consumer guide to cancellations. My reading of it would be that the Doorstep Selling Regulations would apply because you were sold the goods at your home, but that only allows you a 7 day cooling off period, which wouldn't apply in your case. This would be different if it was a financial product or service you were sold, in which case you'd have a 14 day period to cancel.

Also, check the contract: what does it say about cancellations, and specifically about whether the deposit is returnable?
 

Tony

What Consumer Founder
Apr 7, 2008
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Bolton
That's spot on Glasgow Girl. If the work starts before the seven days is up the cooling off period stops as long as the trader makes this explicitly clear and probably ask for a signature. Many will not know this and leave themselves exposed to rogue consumers i.e. you could cancel after the work is done. They actually got this wrong on BBC Watchdog the other night
 

loopylu

New Member
Dec 12, 2008
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paperwork

Thanks Tony & Glasgow Girl. The small print on the reverse of the order form doesn't refer to cancellation by the customer whatsoever. Sounds like I'm probably out of luck though, from what Glasgow Girl says. :(
 

loopylu

New Member
Dec 12, 2008
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Are we talking 7 working days?

Does the 7 day cooling off period mean 7 consecutive days or 7 working days?
 

Tony

What Consumer Founder
Apr 7, 2008
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Bolton
The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc

Hi,

In this case The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008 applies rather than the Distance Selling Regulations. The former provides a seven calendar days cooling off and the latter is seven working days. It is confusing for consumers that these are different.

Doorstep selling and your consumer rights | Consumer Information

Note this:

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.
 
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