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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I paid by credit card and have been paying the increasing timeshare maintenance fees which I cannot afford anymore as I am 73yrs old with some health problems and looking after a mother of 91yrs. I have witeen letters and sent emails to the timeshare in Portugal with little or no response. How can I get out of this painful situation & get compensation for the way I was pressurised to buy this timeshare by two young guys who did not explain the situation to me fully.
Can i claim back a” set up fee”
for double glazing after cancelling within 48 hrs of signing up. After cancellation (which I was not told about )in the small print on the order forms it says any administration fees are non refundable .
Hi If I pre-booked a company and they visited me. I agreed a purchase of some carpet and paid a £30 deposit. I was informed very clearly that the deposit was non refundable. Would I have 7 days cooling of or would this fall under either of the following…
-Goods which are personalised or made to a personal specification
-Perishable goods, or those which are consumer buy their use and cannot be returned
Thankyou.
I had a card dropped through my door about gutter cleaning. I contacted the man and agreed to have the cleaning done on my day off. He phoned me then the previous day whist i was at work and told me he had cleaned the gutters. I was a bit shocked as i wanted him it to do it whilst i was at home. I have no proof whether he did the job or not. Do i have to pay him?
Could I please suggest that you update this web page or remove it. The legislation referred to in your article (including the Distance Selling Regulations) were revoked and replaced in 2013 by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the cooling off periods given in your article are no longer accurate.
My elderly neighbour had a double glazing cold caller, quoted £970 for 6 panes of glass and a window handle and they paid a deposit of £200. One of the windows she has been quoted for does not require replacing. The cooling off period has passed, she was admitted to hospital for surgery shortly after the callers has been. Is there anything we can do – a) the quote us far too excessive, and b) one window is sound and doesn’t need replacing?
Hi..my mum in law was sold windows by a company… she was not told there was a £149 non refundable admin charge and not told that the £9000 loan would cost £19000 over 10 yrs. Obviously she cancelled within 24 hrs but the company has took £149 out of her account…where does she stand please…the salesman came back next day trying to get her to change her mind.