cancel credit agreement after cooling off period

slimfastshady

Hi i signed a credit agreement and paid a £50 deposit for new guttering and sofits at the end of january, a week later the salesman came back as something was missing from the paperwork and had to be changed.
After two weeks i heard nothing and i rang them they told me that they took the wrong colour form and had to come and collect correct copy,another two weeks passed and nothing so rang them again and they said some one would come out and collect the right paper work and send me my copy another week later the salesman turned up took the paper work and said mine would be in post now another two weeks later no paper work and no date to do work were do i stand to cancel credit agreement as past cooling of period now?

wealdroam

Has the guttering been done?

mo786uk

Consumer Credit is a complex business.

I believe the cancellation period on starts when the final signed copy comes back from the creditors. It sounds as though this has not happened yet

What copy do you have and what does it say? there is usually 2x customer rcopy, a copy for the guttering business and a credit company one.

[Deleted User]

Contact Consumer Direct (google search) they will log your complaint against the trader and pass details of the case to your local trading standards as this could be a wider problem with this trader. Did the trader provide you with cancellation rights?

slimfastshady

No work has been carried out as yet,I have the credit agreement with direct debit details on and recived letter from finance company saying everything has been approved

slimfastshady

I was told I had 14 day cooling off period no other information on cancelling

zppp

The Consumer Credit Act 1974 provides an automatic 14 day cooling off period (except in very exceptional circumstances). The 14 day cooling off period will start from when you signed and handed the agreement to the salesman. My understanding though is that you are saying there was something wrong or incorrect on the agreement, causing him to go away to obtain new paperwork.

I would suggest you ask them to send you confirmation of their cancellation of the older consumer credit agreement, which will absolve your liability under this agreement. They will probably also send you the new documentation with it - I would suggest don't sign or return it to them.

fthl

The Consumer Credit Act 1974 provides an automatic 14 day cooling off perio

I don't think that this is right. There are a few different mechanisms in place - in some cases you have a right to cancel and in others you have a right to withdraw. For some the cancellation period is basically 7 days, in other the withdrawal period is 14. The consequences of each are different and it depends on when the agreement was signed. Then there are other potential bits of legislation giving rights to cancel in certain circumstances.

To the OP - was this a contract concluded in the home?
When did you sign the agreement?

zppp

fthl wrote: »

For some the cancellation period is basically 7 days, in other the withdrawal period is 14.

Agreements regulated by the Hire Purchase Act state that you have seven days to cancel if the contract is concluded off premises.

Agreements regulated by the Consumer Credit Act state that you have fourteen days to cancel a credit agreement.
http://whatconsumer.co.uk/consumer-credit-act-rights/

The OP will have entered a standard consumer credit contract, which wll be regulated by CCA1974.

mo786uk

the 14 days is for DISTANCE contracts

If someone comes to your house you have 5 days after you get the second copy if you signed off trade premises.

The CCA is quite specific so you need to read more into it and see if it applies to your situation.

slimfastshady

I signed the contact in the home I was happy for the work to be done but after there mistakes and failure to contact me at any point leaving me to keep ringing them if this is what the company is like before they do the job what would they be like if there were a problem just wanna get my facts right before I ring and try and cancel the work