Doorstep selling and Cooling off period

Dabo_2

I bought some garden furniture today from a couple of guys calling door to door. I paid by cheque. Having time to think about it now (and a very mad other half), I would like to return the goods. I have called and spoken to someone who said that I can't return the furniture.

I read about a 14 day cooling off period for doorstep selling. It was over £42. Does anyone know if this applies to my circumstances please?

Can I cancel my cheque?

unholyangel

It would (I believe) be covered as an off-premises contract under the Consumer Contract (Informations, Cancellation & Additional Charges) Regulations 2013.

They should have given you certain information required by law in a durable medium as per the following 2 links:
Information to be provided before making an off-premises contract and also Provision of copy or confirmation of off-premises contracts

Part of that information should have included your right to cancel, the procedure/time limit etc for exercising that right.

However, what contact details do you have for them? If all you have is their personal name (ie "billy") and a phone number, you're not going to get very far if they decide to ignore you.

Regardless of circumstances, would be worthwhile reporting to your local Trading Standards as it appears the trader may be acting criminally.

Dabo_2

Thank you, unholyangel, for your response. You've pretty much summed it up.

The address doesn't seem to pan out and I only have a name, mobile and email address.

I thought my recourse would be to cancel the cheque and hope that they would come back for the furniture.

[Deleted User]

Dabo wrote: »

I thought my recourse would be to cancel the cheque and hope that they would come back for the furniture.

I wouldn't do that, it's not as if you don't have the merchandise...

bris

Doesn't the cooling off period end when you accept the furniture, I think it does, you better look into it first.

unholyangel

bris wrote: »

Doesn't the cooling off period end when you accept the furniture, I think it does, you better look into it first.

No :huh: Why would you think that?

Even where the contract is for the provision of services and the provision began (at the consumers request) before the 14 days is over, the cancellation period doesnt end unless the service has been performed in full.

hollydays

Who did you make the cheque out to?
Have you tried googling the email?

Dabo_2

It was a name of a person, not a company.

Yes, but nothing comes up. I haven't emailed them.



Called CAB as recommended on Trading Standards website and they have advised against cancelling the cheque. Although the 'company' are in breach of contract, I would also be in breach of contract. They suggested speaking to my bank about the cheque so am hanging on the phone now.

CAB also advised that as I was not given any terms and conditions, info about cancellation etc that I have 1 year and 14 day cancellation. (I hope I have understood that correctly! Please feel free to correct)

By ringing CAB a referral has been made to Trading Standards.

I'm waiting for my local Trading Standards contact me.

bod1467

Dabo wrote: »

CAB also advised that as I was not given any terms and conditions, info about cancellation etc that I have 1 year and 14 day cancellation. (I hope I have understood that correctly! Please feel free to correct).

I think that is correct. It used to be 3 months and 7 days (from memory) under the DSRs, but this changed under the new regs.

unholyangel

Dabo wrote: »

It was a name of a person, not a company.

Yes, but nothing comes up. I haven't emailed them.



Called CAB as recommended on Trading Standards website and they have advised against cancelling the cheque. Although the 'company' are in breach of contract, I would also be in breach of contract. They suggested speaking to my bank about the cheque so am hanging on the phone now.

CAB also advised that as I was not given any terms and conditions, info about cancellation etc that I have 1 year and 14 day cancellation. (I hope I have understood that correctly! Please feel free to correct)

By ringing CAB a referral has been made to Trading Standards.

I'm waiting for my local Trading Standards contact me.

Yes its correct - kind of anyway. This page is the relevant section of the legislation.

Basically if they provide you with the necesary info at the time of entering the contract, you have 14 days (starting day after you receive the goods) to cancel. If they dont provide the info at the time of entering the contract but provide it at any point in the next 12 months, you have 14 days (starting the day after you receive the information). If they dont provide it at all, you have 12 months and 14 days (starting day after receiving the goods).

Regarding the cheque - the reason they're advising against cancelling it is because really, theres no defence to a cancelled cheque except fraud or misrepresentation (ie that you didnt sign the cheque or you didnt realise what you were paying for) and even those aren't guaranteed as they can be difficult to prove.

However, I think you might be better getting a free half hour consultation with an actual solicitor and possibly ask them what they think about cancelling the cheque in the circumstances. You might have no defence to the claim of the cancelled cheque - but I'm wondering whether a counter claim would be possible rather than pleading a defence. Plus they'd have to write to you with details of their address and then also disclose their details when filing a claim against you.

In the meantime, send an email making it clear you want to cancel. By law (providing they delivered the goods to your home and the goods cannot be returned by normal post - which i'm sure garden furniture cant) they are supposed to refund within 14 days of receiving your notice of cancellation.

Question: In your earlier post, you said the address didn't pan out, what exactly does that mean?

[Deleted User]

I don't think anyone should be cancelling cheques which are payment for items which have already been received.

I think it would be a case of two wrongs not making a right- both sides would be breaching contract.

It would be different if the items had not already been delivered.