Tricked by a Salesman

ps124

Good point frugal mike. Thanks.

So tomorrow...i'll give them a call and ask them to cancel. Should I be looking to get something in writing from them? Shall I send them an email or write a letter? I don't trust them anymore. Also, shall I just cancel the deposit cheque anyway? My bank tells me that once they submit the cheque, the bank have to pay it.

PS...I've just found the Consumer Contracts Regulations online and here is what it says...Sounds like i can quote this when i talk to them?

right to cancel
29.
—(1) The consumer may cancel a distance or off-premises contract at any time in the
cancellation period without giving any reason, and without incurring any liability except under these
provisions—
(a) regulation 34(3) (where enhanced delivery chosen by consumer);
(b) regulation 34(9) (where value of goods diminished by consumer handling);
(c) regulation 35(5) (where goods returned by consumer);
(d) regulation 36(4) (where consumer requests early supply of service).
(2) The cancellation period begins when the contract is entered into and ends in accordance with
regulation 30 or 31.
(3) Paragraph (1) does not affect the consumer’s right to withdraw an offer made by the
consumer to enter into a distance or off-premises contract, at any time before the contract is
entered into, without giving any reason and without incurring any liability.
Normal cancellation period
30.
—(1) The cancellation period ends as follows, unless regulation 31 applies.
(2) If the contract is—
(a) a service contract, or
(b) a contract for the supply of digital content which is not supplied on a tangible medium,
the cancellation period ends at the end of 14 days after the day on which the contract is entered
into.
(3) If the contract is a sales contract and none of paragraphs (4) to (6) applies, the cancellation
period ends at the end of 14 days after the day on which the goods come into the physical
possession of—
(a) the consumer, or
(b) a person, other than the carrier, identified by the consumer to take possession of them.
(4) If the contract is a sales contract under which multiple goods are ordered by the consumer in
one order but some are delivered on different days, the cancellation period ends at the end of 14
days after the day on which the last of the goods come into the physical possession of—
(a) the consumer, or
(b) a person, other than the carrier, identified by the consumer to take possession of them.
(5) If the contract is a sales contract under which goods consisting of multiple lots or pieces of
something are delivered on different days, the cancellation period ends at the end of 14 days after
the day on which the last of the lots or pieces come into the physical possession of—
(a) the consumer, or
(b) a person, other than the carrier, identified by the consumer to take possession of them.
Certified copy from legislation.gov.uk Publishing
15
(6) If the contract is a sales contract for regular delivery of goods during a defined period of
more than one day, the cancellation period ends at the end of 14 days after the day on which the
first of the goods come into the physical possession of—
(a) the consumer, or
(b) a person, other than the carrier, identified by the consumer to take possession of them

ps124

Off premises definition....

“off-premises contract” means a contract between a trader and a consumer which is any of
these—
(a) a contract concluded in the simultaneous physical presence of the trader and the
consumer, in a place which is not the business premises of the trader;
(b) a contract for which an offer was made by the consumer in the simultaneous physical
presence of the trader and the consumer, in a place which is not the business premises of
the trader;
(c) a contract concluded on the business premises of the trader or through any means of
distance communication immediately after the consumer was personally and individually
addressed in a place which is not the business premises of the trader in the simultaneous
physical presence of the trader and the consumer;
(d) a contract concluded during an excursion organised by the trader with the aim or effect of
promoting and selling goods or services to the consumer;

frugal_mike

ps124 wrote: »

Good point frugal mike. Thanks.

So tomorrow...i'll give them a call and ask them to cancel. Should I be looking to get something in writing from them?

No, you need to get something in writing to them.

ps124 wrote: »

Shall I send them an email or write a letter?

Either a letter or an email is fine. Just make sure you send it within 2 weeks of when you signed. And if you send a letter, make sure you get proof of postage.

ps124 wrote: »

PS...I've just found the Consumer Contracts Regulations online and here is what it says...Sounds like i can quote this when i talk to them?

Yes, those are the regulations. They're pretty new and we don't get too many people with situations like this so there may be a subtlety somewhere that we haven't spotted, but it looks to me like you can cancel.

antrobus

bod1467 wrote: »

As far as I am aware, a pre-arranged visit does NOT change the fact that the doorstep selling regulations (or whatever they are called these days) still apply - i.e. OP can still cancel the contract.

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
http://www.legislation.gov.uk/uksi/2013/3134/made

As far as I can see, there is a distinction between 'off premises' and 'on premises' contracts; it doesn't seem to matter how you get to being off premises.

More to the point however, would be that the right to cancel does not apply to the "supply of goods that are made to the consumer’s specifications". That might cover (for example) the supply of a new door.

ps124 wrote: »

... He clearly stated to me I could cancel and that there would be a cooling off period. Having looked at the contract now, its like they are binding me to it.

Then you would argue that the contact is voidable by virtue of misrepresentation. Translation; you can cancel the contract because the salesman told you porky-pies in order to get you to sign it.

bod1467

But the retailer must also supply the cancellation notice/terms in writing (durable means) ... unless these were written on paperwork the OP signed (and a copy of which was left with the OP) then such notice has not been given.

antrobus

ps124 wrote: »

.....PS...I've just found the Consumer Contracts Regulations online and here is what it says...Sounds like i can quote this when i talk to them?
...

You need to look at the previous section as well; regulation 28 Limits of application: circumstances excluding cancellation, specifically regulation 28(b).

ps124

bod...the cancellation terms were on the back of a piece of paper he got me to sign and left a copy with me. I can post up what it says if it helps.

But he clearly told me lies about the cancellation...which I've now learnt a valuable lesson from that to never trust these guys.

The bottom line is, the salesman told me lies, he didn't mention i was entering into a contract and that I would be bound to it which is what it seems to read.

The problem is, how do I prove it?

bod1467

But note also regulation 10 ...

Information to be provided before making an off-premises contract

10. (1) Before the consumer is bound by an off-premises contract, the trader—

(a)must give the consumer the information listed in Schedule 2 in a clear and comprehensible manner, and

(b)if a right to cancel exists, must give the consumer a cancellation form as set out in part B of Schedule 3.

antrobus

ps124 wrote: »

bod...the cancellation terms were on the back of a piece of paper he got me to sign and left a copy with me. I can post up what it says if it helps.....

I think that would help.

ps124

Hi...

See the attached link

http://i1377.photobucket.com/albums/ah50/ps124uk/Contract/contractcancellation_zps8369d5c1.jpg