Right to Cancel Telephone Sale?

MMCG_2

After a long, pressurised weekend, I admit I have acted in haste. I am enquiring what my rights are with regards to a recent telephone sale from a holiday company. I was tempted last January to purchase a cruise from this company via telephone, then reconsidered and had my deposit refunded. They telephoned me again at the weekend and I again purchased in haste. This time after considering our finances, we realise we cannot afford to pay over 12 months. When I asked to cancel they said I cannot as I have purchased it a second time and offered to let me purchase over 18 months which I have refused. The manager is to contact me tomorrow, but I need to know if I'm within my rights. I have cancelled the recurrent payments from my card, but need to recoup my deposit. As far as I am aware, I believe I still am entitled to a cooling-off period on this new telephone purchase. Can anyone clarify my rights please given that the original purchase was 5 months ago? It's driving me to distraction, as I don't know if it's considered a contract. I admit it, I was stupid in the first place, so don't judge me too harshly.

wealdroam

MMCG wrote: »

After a long, pressurised weekend, I admit I have acted in haste. I am enquiring what my rights are with regards to a recent telephone sale from a holiday company. I was tempted last January to purchase a cruise from this company via telephone, then reconsidered and had my deposit refunded. They telephoned me again at the weekend and I again purchased in haste. This time after considering our finances, we realise we cannot afford to pay over 12 months. When I asked to cancel they said I cannot as I have purchased it a second time and offered to let me purchase over 18 months which I have refused. The manager is to contact me tomorrow, but I need to know if I'm within my rights. I have cancelled the recurrent payments from my card, but need to recoup my deposit. As far as I am aware, I believe I still am entitled to a cooling-off period on this new telephone purchase. Can anyone clarify my rights please given that the original purchase was 5 months ago? It's driving me to distraction, as I don't know if it's considered a contract. I admit it, I was stupid in the first place, so don't judge me too harshly.

Yes, it is considered a contract.

I fear you may struggle to cancel this.

Regulation 28 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 states that (h) the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance is excluded from the right of cancellation.

Stopping paying the instalments without cancelling the contract may also lead to trouble, e.g. a black mark on credit reference agencies.

Who is supplying the credit? An external company?
There may be an escape route here.

MMCG_2

Wealdroam, thank you for taking the time to answer. please explain further what you mean by an external company supplying the credit?

wealdroam

MMCG wrote: »

Wealdroam, thank you for taking the time to answer. please explain further what you mean by an external company supplying the credit?

I mean a third party, other than the holiday provider.

My understanding is that credit agreements usually do have a statutory cooling off period, but my experience in that area is somewhat limited, so I'll leave further comment on that aspect to others.

MMCG_2

Thank you. I had initially taken it out with a credit card company. How can that provide an escape route pls?

Nearlyold

Are you simply paying monthly instalments on your credit card to the holiday company (travel agent?)towards the total cost of the cruise and will not take the cruise until the total cost has been paid. OR have you already paid the total cost of the cruise on your card and will be taking the cruise before you have finished paying for it. Although you probably can't cancel and get your deposit back you should just be able to cancel the cruise and lose the deposit.


NB Wealdroam is partially correct You have 14 days to cancel a Consumer Credit Agreement under the European Consumer Credit Legislation BUT this DOES NOT cancel the associated purchase.

wealdroam

MMCG wrote: »

Thank you. I had initially taken it out with a credit card company. How can that provide an escape route pls? Wealdroam pm sent.

That method of credit can't provide the solution you are looking for.

Sorry but I'll only offer opinions in the thread.
For two reasons:
1) if I am wrong, others will notice and correct me, and
2) if I am right, others may be able to benefit.

MMCG_2

NB Wealdroam is partially correct You have 14 days to cancel a Consumer Credit Agreement under the European Consumer Credit Legislation BUT this DOES NOT cancel the associated purchase.

Nearly old, I don't understand this. Can you explain please.

Nearlyold

MMCG wrote: »

Nearly old, I don't understand this. Can you explain please.

Yes no problem:-


There is a Statutory Right under the European Consumer Credit Directive introduced 1st February 2011 that allows Consumers to change their minds over a Consumer Credit Agreement they have entered into. The consumer has 14 days to inform the finance company that they wish to withdraw from the finance agreement, the finance company will charge interest from the date the monies were drawn down, the consumer has 30 days after informing the finance company of their wish to cancel to repay the amount borrowed plus the accrued interest.


As an example - You agree to buy a car from a dealer, the dealer arranges the finance, you take delivery of the car, you subsequently decide you want to cancel the whole deal. You can of course cancel the finance agreement but the legislation does not confer any right to cancel the purchase of the car - in other words you are still committed to buying the car. The finance is cancelled by you paying back the amount you borrowed to the finance company not by the dealer taking the car back. Hope this makes sense

MMCG_2

Nearly old, how does this apply to a travel company though who is providing the service, ie booking the various parts of a holiday etc. but not immediately? To date I have not booked anything. Sorry, but I'm so confused by all this.

MMCG_2

This is what the fine print States. Does anyone know what the part Customer acknowledgement .... Validation process means pls?

This Certificate is sold in combination with other certificates and/or services as part of a *** package sale. A Redeemer may cancel the *** package purchase within a period of fourteen days of the date of receipt of the Certificate (“Cancellation Period”) by giving written notice to *** at the address set out above or by email to ********** After expiration of the Cancellation Period, the purchase of the Holiday is final and the entire purchase price is nonrefundable. Customer acknowledgment of the non-refundable purchase price is recorded during the sales validation process. If you redeem within the Cancellation Period, subject to receipt of the certificate, your cancellation rights will terminate on the date of redemption. This certificate is valid for redemption only when payment for the purchase price including any applicable fees and taxes has been receive by *** in full.