Signed up to home improvements, now I want to cancel

ScaniaV8

Hi all. I'm new to these boards, and I'm in a sticky situation.
Last week I did the daft thing of giving my details to a cold calling canvasser for a roof renovation company. A day or two later we recieved a call and agreed for a salesman to visit, only because it was 'no obligation'. The man took pics of my roof and said that work needs doing, (ok, the ridge tiles do look a bit rough). He was pleasant enough, but gave us the hard sell with the usual stories, gap in the schedule etc...
We wanted more time to ponder it, but it was a there and then price and for that price i would lose my cancellation rights, and reluctantly I paid a deposit on my credit card and set up a finance plan.

Since then I've done some digging. he told me the company had been established since the 70's. Companies House website says 2008.
He said the company is BSI Kitemarked. It isn't, only the company that makes the roof coating is.
He said I had watermarks on my rafters. I haven't, it's just the colour of the wood.

Can I get my money back, and have I actually lost my cancellation rights? Is that legal, as I though it was 7 or 14 days?
I feel such a prat, as I watch the consumer programmes and like to think of myself as savvy.
Thanks in advance.

mo786uk

You have a 7 day cooling off period if it was over £35 and the agreement was made whilst the person was in your home.

They should have given you a NOTICE OF RIGHT TO CANCEL which tells you that you have 7 days - if you have a written contract then it should be incorporated into that.

You cannot lose your cancellation rights so it sounds dodgy.

When was the contract made - you only have 7 days to cancel which you must do in writing but you can send a letter if they haven't given you a form

arcon5

mo786uk wrote: »

You have a 7 day cooling off period if it was over £35 and the agreement was made whilst the person was in your home.

They should have given you a NOTICE OF RIGHT TO CANCEL which tells you that you have 7 days - if you have a written contract then it should be incorporated into that.

You cannot lose your cancellation rights so it sounds dodgy.

When was the contract made - you only have 7 days to cancel which you must do in writing but you can send a letter if they haven't given you a form

[STRIKE]I'm not sure that's correct though where the salesman visits by way of a booked appointment..... could be wrong though?[/STRIKE]
Scrap that, don't think it's correct anymore. Reading from the Which website it says the right to cancel is irrespective of whether the appointment was booked or not.

The finance itself though should carry a 14 day cooling off period.

What was the value of the deposit left?

According to Which? though:

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

[STRIKE]Could this be a get out clause ?[/STRIKE]

EDIT 2: I don't think this counts, looking at the regulations it would appear this clause only applies where the service has begun.

So the statutory cooling off period should apply

mo786uk

The Regs apply to solicited and solicited visits as they aim to protect consumers from making decisions when they are put on the spot by a trader when they are in the consumers home.

ScaniaV8

Thanks for info, all.
I paid £171.
First thing on Monday I'll get in touch with Trading Standards and send a template cancellation to them.

Although I have spotted this on the Which website, which worries me a little.

"If you want the service to begin straight away, you waive any cooling off rights."

Lomast

ScaniaV8 wrote: »

Although I have spotted this on the Which website, which worries me a little.

"If you want the service to begin straight away, you waive any cooling off rights."

Thats usually when you call someone on an emergency and literally want them to start as soon as you have signed the paperwork - Think burst pipe etc

mo786uk

The distance selling regulations allow you to waive your cancellation rights as soon as the service starts - the distance selling regulations apply when you call someone out without having met them and have already agreed a contract for them to come and do something.

The Doorstep Regulations apply when the contract is made at your home - they allow you to SIGN to say you want the work to start but you still keep the 7 day period but you will have to pay for any work done if you cancel midway through - the reason you keep the 7 day period is to allow you to cancel when a rogue trader has ruined your drive or something!

These are the Regulations that apply

http://www.tradingstandards.gov.uk/cgi-bin/glos/bus1item.cgi?file=BADV0036.txt

But you need to be clear - did the contract get made when the guy was at your house or afterwards?

Also you need to make sure you cancel within the deadline.

ScaniaV8

The contract was signed whilst the salesman was at my house. So I'll be OK then I think. I have until Thursday to cancel, but I'll get on to it first thing Monday.

Thanks again

unholyangel

I'm sure unfair contract terms state that where a contract is complex/lengthy, a 7 day cooling off period is mandatory. Unfortunately OFT's site is down so I cant check whether I have a great memory or whether I'm imagining things!

However, several of the things you mention are covered by unfair trading regulations under banned practices.

If i get time tomorrow (unless someone else beats me to it) and the sites back up, i'll link the articles for you to have a look at. Might be worth contacting your local TS though, if the company are in the habit of this practice rather than it being a one off.....they'll likely be well known to TS.

Dont call them to cancel though, you want a paper trail to cover yourself just in case.

arcon5

What has op mentioned that would be seen as an unfair trading practice?

unholyangel

arcon5 wrote: »

What has op mentioned that would be seen as an unfair trading practice?

Didnt you read the OP?

ScaniaV8 wrote: »

We wanted more time to ponder it, but it was a there and then price and for that price i would lose my cancellation rights, and reluctantly I paid a deposit on my credit card and set up a finance plan.

Since then I've done some digging. he told me the company had been established since the 70's. Companies House website says 2008.
He said the company is BSI Kitemarked. It isn't, only the company that makes the roof coating is.
He said I had watermarks on my rafters. I haven't, it's just the colour of the wood.

oUTRIGhT PRohIBITIoNs
6.1 Schedule 1 to the CPRs lists 31 commercial practices
which are considered unfair in all circumstances and which
are prohibited.......
(2) Displaying a trust mark, quality mark or equivalent without
having obtained the necessary authorisation.....
(7) Falsely stating that a product will only be available for
a very limited time, or that it will only be available on
particular terms for a very limited time, in order to elicit an
immediate decision and deprive consumers of sufficient
opportunity or time to make an informed choice.

8.8 For example, coercion might cause consumers to purchase
the product at a much higher price or on disadvantageous
terms. Breaches of the CPRs could occur even if:
• consumers might still have bought the product from the
same trader, but on different terms
• consumers might still have bought the product, but from
a different trader.

8.6 Significant impairment might occur when, for example, a
trader stays in a consumer’s home for so long that they feel
compelled to sign a contract for a product.
28

http://www.oft.gov.uk/shared_oft/business_leaflets/cpregs/oft1008.pdf

Cooling off periods. If important details of the agreement cannot be
communicated, a 'cooling off' period needs to be allowed.

So I suppose it depends whether they could be communicated or not.
http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft311.pdf


Oh not to mention the misleading info. Forgot that part.