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Signed Contract with SafeStyle & want to CANCEL

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  • keystone
    keystone Posts: 10,916 Forumite
    Very quickly because I have to go out but you should try a different tack altogether IMO.

    Irrespective of what it says in the contract under the Doorstep Selling Regulations 2008 they specifically MUST give you an additional SEPARATE document which states your right to cancel under those Regs. This is required at the time of the visit/contract signature. If they do not they are in breach of those regulations and that is the angle you have against them if they did not do it. If they did not tell them they are in breach, therefore any contract is null and void and if they persist you will report them to Trading Standards who can force them to comply with your wishes. However as this one is slightly complicated (I almost suspect deliberately so) in the way the paperwork was prepared I suggest you contact TS first to get their guidance.

    Sorry but the only way to deal with these people is to be proactive. They are a PITA in the extreme and always want to do things their way not yours. They forget that you are the customer and they have no right where to tell you where or when to spend your money.

    Cheers
    The difference between genius and stupidity is that genius has it's limits. - Einstein
  • what is TS?

    We arrange an appointment, so it wasn't a door salesman
  • the cancelation notice is on the reverse of the contract and simply needs filling in with customer details and sending off to their address it does not have to be a separate document this we have agreed with the trading standards on our contracts .They have actually told us this is better because all the terms to the contract are in one place and the customer has signed the document with all the product details ,conditions and cancellation notice on the same form .trading standards
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  • keystone
    keystone Posts: 10,916 Forumite
    Marie27lol wrote: »
    what is TS?
    Trading Standards
    We arrange an appointment, so it wasn't a door salesman
    Doesn't matter. The contract was made in your home therefore the regulations apply.

    Cheers
    The difference between genius and stupidity is that genius has it's limits. - Einstein
  • keystone
    keystone Posts: 10,916 Forumite
    a6windows wrote: »
    ................... it does not have to be a separate document this we have agreed with the trading standards on our contracts.
    Well actually the regulations say it does IMO and it needs to be in writing separately from the contract.
    They have actually told us this is better because all the terms to the contract are in one place and the customer has signed the document with all the product details ,conditions and cancellation notice on the same form .trading standards
    With all due respect your interpretation of the regulations and whatever you have agreed with your local TS office is a matter for you and your contracts not SafeStyle and theirs. It may well be that SS's contracts are unclear and do not fully comply with the regs. We do not know that. The OP has a potential way out (although their circumstances are a little complicated) so they should discuss it with their own Trading Standards as already advised. Even if their TS people agree with you to some small measure then there is more than a whiff of sharp practice (14 days vs 7 days and making one contract into two) about this and all it might take is a slap on the wrist from TS in that respect for SS to back off. I'm biased though. I think this firm are parasites and deserve what ever is coming to them - allegedly :D. This is what the OP wants and this is what we should, surely, be helping them to achieve.

    Cheers
    The difference between genius and stupidity is that genius has it's limits. - Einstein
  • Marie27lol
    Marie27lol Posts: 254 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    edited 21 November 2012 at 1:05AM
    TY Keystone

    I will certainly make a phone call 1st thing tomorrow am.



    What we have thought is to:
    • Cancel the order for the front door immediately - grounds of incapbility
    • Ask for delay "we would like until Friday COP to make our decision, and we can call you on Saturday to discuss it further, if not sooner.
    • Ask for "please do NOT go ahead and start building these windows".
    This will allow us time to contact Leeds' TS office, carry on getting some great feedback from you guys

    I thank you once again for all your responses.

    M

    Please cross all your fingers and toes as this will work. TBH, I can't see them taking us to court for £1800-£600 (scaffolding), as it can't be economically viable - and we cancelled with the "told" 14 days to cancel.
  • As you have told them of your intention to cancel (assuming they have not made the windows yet) you should still be able to cancel

    Contact trading standards. But MAKE SURE you cancel via email / post (get proof of postage)

    If you call their bluff the only option for enforcement is to take you to court. For this they will have to prove they notified you of your right to cancel within 7 day - and more importantly they should have provided you the cancellation notification in the format laid out by the act
    baldly going on...
  • Okay spoken to them, and this is what we have currently agreed and confirmed by email (sent directly to the main contact for our contract):

    As per the discussion you had with my husband Roy yesterday evening, and this morning's with myself; we will go ahead and cancel the contract for the front door as a composite door is not suitable for our doorway.

    In relation to the windows' contract, and the follow-up phone call this morning; we would like until Friday COP to make our decision,to discuss it further, if not sooner.

    In the meantime, as the windows have not started on the production, please do NOT go ahead and start building these windows.

    I hope you will accept this and your voice improves.

    Thanks for all the great advice so far folks. TS will call me back as they already had a waiting list ofpeople to speak to.

    Type anon
    Marie
  • Enter your postcode in the field at the bottom of this page to see if your local authority trading standards department has the full leaflet version available on its website.

    The Cancellation of Contracts made in a Consumer's Home or Place of Work etc Regulations 2008 give you the right to cancel most types of agreements over £35 that have been signed in your home.

    Where the regulations apply, you have a minimum of seven calendar days after you sign an agreement when you are able to cancel without any penalty. You should always receive a copy of your cancellation rights in writing.

    please can you tell me where you got your information saying that the right to cancel MUST be a separate form trading standards and citizens advice websites quote this


    Q2. What are the main requirements on business?
    • The trader must give the consumer a right to cancel a contract to
    which the Regulations apply;
    • The trader must give the consumer a cooling-off period of at least
    seven calendar days in which to exercise the right to cancel the
    contract starting from the date of receipt of the notice of the right to
    cancel;
    • The trader must give the consumer written notice of his right to
    cancel the contract (whether the contract is a written contract or an
    verbal contract);
    • The ‘Notice of the Right to Cancel’ must be given at the same time
    the contract is made; • Where the contract is wholly or partly in writing, the ‘Notice of the
    Right to Cancel’ must be incorporated in the same document;
    • If incorporated in the written contract (or other document) the notice
    must be set out in a separate box with the heading “Notice of the
    Right to Cancel”, and be as prominent as any other information in the
    contract or document (apart from the heading and the names of the
    parties to the contract and any other information inserted in
    handwriting);
    • The ‘Notice of the Right to Cancel’ must contain the information set
    out in the Regulations (see Q3) and a cancellation form (see Q4)
    provided as a detachable slip (for use by the consumer if he wishes to
    cancel the contract);
    • For ‘specified’ contracts listed in Regulation 9 (see Q6), the trader
    must include, in the ‘Notice of the Right to Cancel’, information that
    the consumer may be required to pay for goods or services received
    before the end of the cancellation period; and
    • Where applicable, the trader must include information that a related
    credit agreement will be automatically cancelled if the contract for
    goods or services is cancelled.
    Q3. What information must be included in the ‘Notice of the
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  • i have found this on citizens advice website maybee there members of direct selling association
    Some contracts might give you a longer cooling-off period than the seven days required by law. If you have a written contract, you should check what it says. Traders who are members of the Direct Selling Association, for example, should give you 14 days to cancel instead of seven.
    if you think peoples advice is helpfull please take the time to clicking the thank you button it gives great satisfaction
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