? Cooling off period on purchase

backpack

I have been given a demonstration on a Willowbrook Aqualift bath aid. I told the representative that I wished to discuss purchase with my family, I was quoted a price of £1,756 this was with discount and vat free (as I have a disability). I signed an order form and one part that meant that I would ? Waiver their cooling off period so that it could be fitted quicker. I refused to give a deposit or give any of my banking details, so no money whatsoever has been paid. The representative wants me to phone him next week, after my discussing with family, with my bank card details, to finalise the purchase of aqualift bath aid.

My family think the aqua lift is far too expensive and I have looked at some unfavourable reviews and I now feel I don't want to proceed with purchase.

Will I be bound to purchase because I signed 'cooling off' period part of order form even if I have not paid any money or given bank card details?

I am now really worried and would appreciate advice.

Thank you.

societys_child

Will I be bound to purchase because I signed 'cooling off' period part of order form

In my opinion, no, it's bit of a con and they can't overnight statutory law , doubt they'd dare try to take that to court but do make sure you cancel correctly.

backpack

Thank you for your reply, what do I need to do to cancel correctly?

societys_child

Did they not give you any info on your rights and how to cancel?
Probably not as it seems they have tried to take away your cancellation rights.

I'm guessing you signed at home (not in store)?

Think it would be better to re-post this on the consumer rights board where you should get far more response.

Start a new thread here:
http://forums.moneysavingexpert.com/forumdisplay.php?f=173

cyclonebri1

Regardless of where it's posted the OP, who I detect(hopefully without offense) is possibly old and frail or disabled?, has been stitched up like a kipper.

The OP may well have signed a document that could even be legally binding, but I don't think any company would stand up against the stink that the OP's family should now create:A

backpack

Thank you for replies. Yes, I did sign at home and was not left any paperwork at all, rep took paperwork with him because I am supposed to ring him and give details of bank card for them to obtain deposit and then payment from me.

Yes, I am 72 yrs old and do have a disability.

Thank you for help.

because

Hi this might help,I would write to cancel and get a certificate of postage or similar. "If you have bought something costing more than £35.00 from a trader as a result of a visit to your home or place of work (whether or not the visit was requested by you), you will be protected by the Doorstep selling Regulations – or to give it its proper title: The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008. These regulations give you a cooling off period of 7 calendar days during which time you have the right to cancel and get a full refund. Just as with the Distance Selling Regulations, you must have been provided with a notice of your cancellation rights "

backpack

Many thanks, will try that. Feeling such an idiot, I never normally would be caught like that:huh::huh:

browneyedbazzi

To add to the post from because, if you have signed something to say that you want to start the work before the end of the 7 day cancellation period then that doesn't mean you can't cancel (which a lot of traders will claim it does!) that simply means that you agree to pay for any work that has been done before the expiry of the cancellation period. If they haven't done any work on your contract then they are not entitled to any payment whether you have agreed to have the work start early or not.

There are also legal questions about whether a form supplied by the trader is acceptable for a consumer to agree the start of works before the expiry of the cancellation period. I don't think this has been properly tested in court yet, but I've seen very good arguments to say that they are not acceptable. Cancel the contract in writing, then come back for more advice if the trader tries to get money from you.

backpack

Thank you. Will do

macman

Since there has been no consideration paid for the purchase (i.e. no deposit), it could be argued that no contract exists.
But incredibly foolish to sign anything that attempts to void your cooling off period-why on earth did you agree that? Any company trying to remove such rights is clearly not to be trusted. I'm not anyway convinced that you can sign away such rights, such a term may not be enforceable at law.
Cancel in writing by recorded delivery (this is crucial) and then see what their next move is.