Doorstep selling and Cooling off period

Dabo_2

Thank you for your replies.

After looking on the internet I found that the address given is an office service. The company managing the offices has been dissolved. After a second search I found the offices again but run by another company.

The landline phone number on the invoice just keeps going to voicemail but the couple of times I've called mobile and someone answers.

Autumnella

Is it even a genuine company and not just some bloke selling stolen/dodgy goods? And do you mean over £420 or £42?

shaun_from_Africa

Autumnella wrote: »

Is it even a genuine company and not just some bloke selling stolen/dodgy goods? And do you mean over £420 or £42?

The OP would have meant "over £42".
This is because contracts below this £42 figure don't have full protection under the "Consumer contracts (Information, Cancellation and Additional Charges) Regulations" and there is no right of cancellation under that legislation.

[Deleted User]

Autumnella wrote: »

Is it even a genuine company and not just some bloke selling stolen/dodgy goods?

...and accepting payment by cheque?? I sincerely doubt it..

unholyangel

shaun_from_Africa wrote: »

The OP would have meant "over £42".
This is because contracts below this £42 figure don't have full protection under the "Consumer contracts (Information, Cancellation and Additional Charges) Regulations" and there is no right of cancellation under that legislation.

off-premises contracts for less than £42 are exempt from the information requirements but I dont think its exempt from cancellation. Or at least, its not listed under contracts exempt from cancellation.

shaun_from_Africa

unholyangel wrote: »

off-premises contracts for less than £42 are exempt from the information requirements but I dont think its exempt from cancellation. Or at least, its not listed under contracts exempt from cancellation.

It's covered by Part 3.3 of the CCR's

PART 3

Right to cancel

Application of Part 3

27.—(1) This Part applies to distance and off-premises contracts between a trader and a consumer, subject to paragraphs (2) and (3) and regulations 6 and 28.
(2) This Part does not apply to contracts to the extent that they are—

(a) for the supply of a medicinal product by administration by a prescriber, or under a prescription or directions given by a prescriber;
(b) (3) This Part does not apply to off-premises contracts under which the payment to be made by the consumer is not more than £42.

Otherwise it wouldn't make any sense to say that contracts valued at below £42 are covered by the right of cancellation but there is no requirement for the trader to inform the consumer of this right.

The consumer advice given by the government confirms this:

Contracts you can't cancel

There are certain contracts that you do not have the right to cancel under these Regulations. You should check the list below before assuming you have cancellation rights:
•NHS medicinal products or services
•passenger transport services
•contracts for not more than £42

http://www3.hants.gov.uk/tradingstandards/tradingstandards-consumer/goodsandservices-consumers/tsguide-buying-at-home.htm

unholyangel

shaun_from_Africa wrote: »

It's covered by Part 3.3 of the CCR's

Otherwise it wouldn't make any sense to say that contracts valued at below £42 are covered by the right of cancellation but there is no requirement for the trader to inform the consumer of this right.

The consumer advice given by the government confirms this:


http://www3.hants.gov.uk/tradingstandards/tradingstandards-consumer/goodsandservices-consumers/tsguide-buying-at-home.htm

My mistake, I only looked under the section after that, the "Limits of application: circumstances excluding cancellation" rather than application in general.

Thanks for that

forestlands

Hi, I had the same problem last May. The company concerned is in Epping Essex. They were selling teak garden furniture from their van, had company name and address on the side, I'm persueing them to get my money back.

The company is called Bespoke Garden Supplies Ltd, they are registered as wholesale flower sellers. Beside the heavy sales technique they defrauded me by over charging on the agreed price - watch out for chip and pin machines, make sure you can and do read the amount being paid. It's easy to hide the amount on these machines. I was not given details of return policy and other info. which should be in writing- learned about that afterwards.

I'm keen to make people aware of this company and information I gained from Citizens Advice and Trading Standards. I'm sure more rogue traders are knocking on doors and the garden furniture selling is quite common.