Elderly, confused person's signature

Arthurian

An elderly, frail, slightly confused, stroke-victim lady I know has, in the past, agreed to sign up for a regular purchase of books, once a month, following a telephone cold call. Her eyesight is failing and so is her hearing, and she lives in sheltered, warden-controlled accommodation. She only complained to me about the books which kept arriving a few weeks later, so past the 7 day cooling-off period. I think she probably only registered that she had been lucky enough to be selected for a free gift, not realising that she had to buy a book a month. The company was extremely reluctant to release her from the deal, but eventually agreed to cancel the contract if she paid for one book and returned the rest. I have registered her with the Telephone Preference Service, but some sales calls still get through, and she always listens politely, considering whether or not to take up the offer. The trouble is, what she hears is not always what's been said.

My question is: in cases like these, is a verbal or written contract still valid?

Barneysmom

I didn't want to read and run, hopefully bumping and someone can see it and advise you.

downshifter

I can't help in terms of the legality of it but I just have to sympathise. My mother is in her mid eighties and really loves advertising, cold calls and junk mail, she says it helps her to know what's available and what she can buy - I think she even views it all as a sort of consumer social service. She's bought a number of items in this way, some of them we've just written off, others, like a really expensive music system, we've managed to return. So far, like you, we've found on the whole that companies are fairly reasonable when faced with this situation, but it is so hard to keep tabs on. Every week I find myself wondering what's new this week! Explaining about how marketing and advertising works cuts no ice with her, she doesn't share my cynism at all, and still likes to be told that various things are available and to be told to go and buy them, or to sign up over the phone or those leaflets that fall out of newspapers. Her friends are similar, they were talking the other day about a wonderful new vacuum cleaner that is very expensive but must be worth it. They've all got little houses or flats with cleaners and home helps - I'm watching this one very carefully!!!

I really hope some knowledgeable person comes on to tell us about this, though I should think a call to CAB or trading standards would give us the same info.

DS

Krasnoludek

Hi there

There is some legislation about taking out agreements when you are not really capable of understanding them, its an policy for mental health but if the lady you know has had a stroke you may be able to claim she didnt have sound judgement at the time - sorry I dont mean to be harsh but I dont know how else to put it

See link below

http://www.moneyadvicetrust.org/section.asp?sid=12

I would post your message also, on the Debt Free Wannabe forum as well, you will get some excellent advice on there, I know she isnt it in debt but they may be able to give you useful pointers with this tricky situation

Good luck to you both

K x

Arthurian

Thanks, all! Following a trail of links from your suggestions, I found the Mental Capacity Act 2005.

http://webarchive.nationalarchives.gov.uk/+/http://www.justice.gov.uk/docs/mca-cp.pdf
has all the info in chapter 4 "How does the Act define a person’s capacity to make a decision and how should capacity be assessed?"

Isn't the internet a wonderful thing? I'll try to broach the subject next time I visit, and see if we can get some professional evidence in place with a note on the lady's care package notes, just in case it's useful for reference in the future, but I would hope that a letter to any seller quoting the Mental Health Act 2005 with particular reference to the case of Boughton v Knight 1873 might be enough to make them relent.

Hailz86

good luck with this all x