Anglian cancellation rights

DaniPal

Hi all, I recently placed an order with Anglian windows and conservatories which less than 14 days later I decided to cancel,  only to find out that their cancellation terms were are 7 days. I didn't check the cancellation terms on the contract (yes I know...) at the time when the contract was issued and signed, so now the company is saying that I'm liable to pay a percentage of the order because my request falls outside of their 7 days cooling off period.
I invoked my consumer rights which I think were not fully protected at point of sale as I was not clearly informed that the cancellation terms were not the usual 14 days.
I logged a complaint which I'm waiting to hear on but I'm concerned they will reject my claim. 
Interested to know if anyone has had a similar experience?

Thank you for any advice you may have for me.

Thank you

Sandtree

How did you order them? End to end? Did anyone visit the home? Was the order done in your home or online or? Did you invite them to your home or was it a cold call?

DaniPal

A sales rep visited (we had an appointment) and we went through the process with measurements, costing and finance etc. 

Sandtree

DaniPal said:

A sales rep visited (we had an appointment) and we went through the process with measurements, costing and finance etc. 

Did you initiate the appointment? Did you buy when he was there?

Generally when its a purchase in person you have no statutory right for cancellation unless its a cold caller type to your home but that doesnt appear to be the case and therefore what cancellation terms they give you is what they are.

For you to break the contract the amount they charge must be proportional to the costs they incur for you breaking it. This will naturally depend on what they've done in the background between you signing on the line and then saying you want to cancel. If they've already started making the windows to your specification then the fee can consider those wasted materials/effort etc.

See what the outcome of the complaint is, would also be worth checking what the cancellation fee will be in both percentage and absolute terms. If its significant then ask for them to justify it. 

DaniPal

Thank you, I'll wait for the outcome and thanks for your suggestions. We agreed for the work to commence in June and I cancelled before the surveyor's appointment. My main argument was about the lack of clarify around the 7 days cancellation period which was not mentioned. I decided to proceed with the order based on what th sales rep told me. If he had mentioned the 7 days, this would have given me a different angle altogether. Fingers crossed!

Diamandis

But he didnt mention anything about a cancellation period so why did you assume there was one at all? I don't see any reasons they shouldn't be charging you for cancellation providing the charge is reasonable. 

DaniPal

Diamandis said:

But he didnt mention anything about a cancellation period so why did you assume there was one at all? I don't see any reasons they shouldn't be charging you for cancellation providing the charge is reasonable. 

The right to cancel exists in law and it's usually 14 calendar days. There are some exceptions so if this was an exception he failed to disclose it at point of sale, that would have given me a different angle. So I acted within the 14 days (thinking that standard cancellation rights applied) but if I had known about the 7 days I would have given myself that timeframe (not 14 days) to evaluate whether to proceed or not.  

TELLIT01

I know there is a right to cancel for goods purchased 'at a distance' but I'm not aware that applied to any purchase.  Can you provide a link to the relevant law?  As Sandtree says, any charge for cancellation must be proportionate to the cost incurred and if the surveyor hasn't been out those costs will be minimal.

the_lunatic_is_in_my_head

There is the right to cancel a contract formed at a distance or off premises so if the contract is formed in the consumer's home the cancellation rights apply.

As much as I'm not keen on their guidance Which says you don't have the right to cancel if:

The trader or salesman has discussed the contract with you at your home, and you agreed to enter into it some time later. This is also classified as an 'on-premises' contract and you do not have a right to cancel.

However most widows would be classed as made to the consumer's specification, unless you a buying set sizes, meaning the right to cancel doesn't exist if communicated as part of the durable information. 

Sandtree

DaniPal said:

Diamandis said:

But he didnt mention anything about a cancellation period so why did you assume there was one at all? I don't see any reasons they shouldn't be charging you for cancellation providing the charge is reasonable. 

The right to cancel exists in law and it's usually 14 calendar days. There are some exceptions so if this was an exception he failed to disclose it at point of sale, that would have given me a different angle.

You have it the wrong way round, there is no right to cancel in law except for some exceptions, the main ones being orders made at a distance (for which there are exceptions to the exception), regulated industries like financial services and cold callers to your home.

The majority of goods and service continue to be bought in person and in those no statutory cancellation rights exist.

Even where a right to cancel exists it doesnt have to be cost free, insurers have to give you 14 days cooling off from the date of policy inception but are entitled to charge both a cancellation fee and for time on cover before the cancellation.

Its always best to assume no free cancellation rights and validate the T&Cs before signing.

the_lunatic_is_in_my_head

Sandtree said:

DaniPal said:

Diamandis said:

But he didnt mention anything about a cancellation period so why did you assume there was one at all? I don't see any reasons they shouldn't be charging you for cancellation providing the charge is reasonable. 

The right to cancel exists in law and it's usually 14 calendar days. There are some exceptions so if this was an exception he failed to disclose it at point of sale, that would have given me a different angle.

You have it the wrong way round, there is no right to cancel in law except for some exceptions, the main ones being orders made at a distance (for which there are exceptions to the exception), regulated industries like financial services and cold callers to your home.

The majority of goods and service continue to be bought in person and in those no statutory cancellation rights exist.

Even where a right to cancel exists it doesnt have to be cost free, insurers have to give you 14 days cooling off from the date of policy inception but are entitled to charge both a cancellation fee and for time on cover before the cancellation.

Its always best to assume no free cancellation rights and validate the T&Cs before signing.

It's worth a note to expand on this as consumer's have the right to cancel contracts (excluding certain situations) at a distance but also off premises, so when a trader visits your home to sell windows you have the right to cancel (excluding made to measure or not signing there and then). 


www.legislation.gov.uk/uksi/2013/3134/regulation/29/made

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—

https://www.hants.gov.uk/business/tradingstandards/consumeradvice/goodsandservices/offpremisescontracts

What is an off-premises contract?

An off-premises contract is a contract between you and a trader when any of the following occur:

• you buy goods, services or digital content away from a trader's business premises but with the trader present such as at your home or place of work (for example, if a double glazing salesperson visits your home and you sign a contract)
• the trader organises an excursion to promote and sell their goods or services. The regulations do not explain what 'excursion' means but it is likely to include a trip arranged by a trader for you and possibly others, to attend a venue for the purpose of selling particular goods and services
• you make an offer to buy with the trader present, but that offer is not made on the trader's business premises
• a contract is concluded on business premises or by distance means immediately after the trader has met with you in a place that is not their business premises

'Business premises' include the trader's permanent place of business as well as temporary sites where they normally operate, such as market stalls.

It is important to note that if a trader visits you at home and leaves a quotation with you, or sends you one later and you do not immediately agree to go ahead with the contract, it becomes an on-premises contract rather than an off-premises or distance contract.