Waived right to cooling off period

Suzykd

My central heating boiler broke down last week. I was pretty sure it was dead, and it was due for replacement anyway, so I called a company who originally quoted me last summer. Within 20 minutes, their rep called me to say they could install a new boiler within the week, he would just have to call round with the contract and check the job spec as the rep who had originally quoted me had left the company. The price would only go up by the increase in VAT.
Fair enough, I thought.
Then the rep turned up, and told me that prices had gone up since I was last quoted. The difference was only about £50, and I had no heating or hot water, so I agreed to the increase.
The contract/quote was drawn up, with a note saying I would waive my right to the 28 day cooling off period, for quick installation.

I found out this morning that the quote I have signed and accepted is not the same as the original one. There was no provision for hiding the pipes behind the boiler (more money), a power flush is now going to be a chemical flush, and the rep has admitted that he re-quoted the job based on what he was looking at, like for like.

What I need to know is - does the fact that I was mis-led over price and quotation mean that I can still back out of this deal despite having waived my right to a cooling off period?

wealdroam

Sorry, can't help with your question, but if you did not waive that right then the company would not start work until the 28 days had passed.
They really don't want you cancelling after work has started.

Can you actually waive that right?

I didn't think you could sign away statutory rights?

shaun_from_Africa

I didn't think you could sign away statutory rights?

That's correct. A statutory right is one which as its name describes, is part of a statute (ie, a written law).
No ordinary person can simply waive how a law or act or parliament applies to them or a contract that they have signed.

The_Pedant

I thought the statutory cooling off period was 7 days (see the The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008). This states:

“cancellation period” means the period of 7 days starting with the date of receipt by the consumer of a notice of the right to cancel;

Under this statute, it is perfectly acceptable for the cancellation period to be waived if the consumer wishes the work to start before the end of the cancellation period:

9.—(1) Where the consumer enters into a specified contract and he wishes the performance of the contract to begin before the end of the cancellation period, he must request this in writing.

I am only highlighting these however can cannot say whether or not simply signing a contract stating words to the effect that you waive the right is sufficient or not.:think: Even if you fell outside the notice period or you had waived the rights, then I believe you could only be liable for any costs incurred in supplying any part of the contract (such as already buying parts in etc).

As an additional question, what information was provided regarding cancellation?
Normally they would be required to provide you with information on your rights to cancel, along with (I believe) a copy of a cancellation form. I'm uncertain whether simply signing a contract with a note to the effect that you waive you right would be enforceable or not, as I believe you should also receive information stating that if you waive your rights you can be liable for goods/services that are started before the end of the normal cancellation window (anyone care to comment?)

mo786uk

Hi

If you agreed to contract in your home and it was for over £35 then the above legislation will apply - The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008 - i suggest you look for a leaflet on it online.

You shoudl be given the paperwork in a certain way that is laid out in the legislation.

It gives you 7 days to cancel and those rights cannot be taken away - HOWEVER - you can agree for the work to start immediatley - and if you sign papers agreeing to do so then you are liable for the costs they have incurred up until you cancel fully

so here are 3 possible scenarios assuming you signed the contract today

- you cancel before they do ANY work - pay nothing
- you cancel when they have done half the work - pay for what they have done
- they do all the work within 7 days - you have to pay it all if you agreeed for them to start within 7 days

As I say, you cannot lose your 7 days but you can end up having to pay if they do all the work within 7 days.

Suzykd

Thank you all for your responses.
I also spoke to a legal advisor today, who said I was pretty much stuck with it.
I decided to go ahead with the job anyway, as no-one else I spoke to could do the work within a month, and it's too cole to wait that long.
Suzy