Cold Call Sale to Elderly Relative - Cancelling the order

Moonwolf

I have financial lasting power of attorney for my 90 year old uncle. He is able to make decisions but he struggles with computers and gathering information to make decisions.  He is also disabled and struggles to get out.  He is regularly sold things that he can’t use as for example he doesn’t have and feels unable to use a smartphone or a computer but Barclays sold him a Smart Investor account that can only be managed by smartphone.

He is TPS registered and ex-directory.

He called me yesterday in a panic as he had received a phone call, then a second one ”to confirm the deal” and he was persuaded to hand over his sort code and account number.  He didn’t have an details, just a number and knew it was some sort of emergency beep.

I googled the number and it came up with the website for Safeguard Protection UK and appears to be an emergency call watch that uses the 4G network.  He already has a community alarm at home and never goes out on his own so it doesn’t seem necessary, plus he clearly did not understand what he had signed up for.  

I’m particularly concerned as the website has boiler plate text, for example the returns policy mentions perishable goods like flowers but the site doesn’t sell them.  It also says that orders can only be cancelled by email.  There is a Twitter account set up in July 2022 with no activity. It feels dodgy.

I believe the initial call should not have been made because he is TPS registered, apparently they knew he was 90. Was the second call to get around cold calling and distance selling regulations? Can we cancel this?  Is it legal to block a direct debit if they have set one up? Do distance selling regulations apply.  Although my uncle doesn’t have a computer he does have an email address that I manage on his behalf.

TIA
 

user1977

He can cancel a direct debit whenever he wants to. It won’t necessarily stop demands for payment, but will at least prevent the money being taken from his account. And even if it is debited, he can use the Direct Debit Guarantee to get it back.

Robin9

TPS is toothless and will only stop calls from those companies who comply with the rules. Better to have a BT phone with a call blocker..

email the company and claim cancellation within 14 days

km1500

yes, important that you cancel

Moonwolf

Robin9 said:

TPS is toothless and will only stop calls from those companies who comply with the rules. Better to have a BT phone with a call blocker..

email the company and claim cancellation within 14 days

Thanks, I have sent an email.  I will monitor their response. Fortunately his bank have accepted the POA and I can manage his account online or speak to someone myself.

tightauldgit

If it's a legit business you should be able to cancel the order, if it's a dodgy business then maybe harder but you should have the same rights. 

I'd contact the company ask to cancel and see what they say. If they say do it by email do it but follow up with a phone call.  If you can't get through talk to the bank about the DD.

I'm always loathe to advise people to cancel DDs without resolving the underlying problem but it might be that is what you need to do in this case.  

cannugec5

Robin9 said:

TPS is toothless and will only stop calls from those companies who comply with the rules. Better to have a BT phone with a call blocker..

email the company and claim cancellation within 14 days

I second the advice to get a call blocker phone. 

BT Call Guardian is easy to use. 

We have it ourselves and it prevents the majority of spam calls. Yesterday alone I could see that it had prevented three! 

But legitimate callers can still get through. 

It does not require a subscription nor even a BT landline ( our landline is with Vodafone) but it does require caller display. 

We got this after realising that TPS was not stopping anything. 

user1977

Are you sure it's a direct debit? (i.e. was it only sort code and account number he gave them, rather than debit card details?)

Asking because merchants need to jump through some hoops in order to be allowed to set up paperless direct debits, so a more obvious fraudster would be wanting payment by card (or cash or bank transfer etc).

Keep_pedalling

The company is a real one in as as far as being registering at companies house, but that does not mean much as anyone can register a company and this company was registered less than a year ago and the address on the website is one of those virtual offices with loads of companies registered there so they have no physical presence. 

You have cancelled the contract by email so I would not hesitate to cancel the DD. 

SiliconChip

user1977 said:

Are you sure it's a direct debit? (i.e. was it only sort code and account number he gave them, rather than debit card details?)

Asking because merchants need to jump through some hoops in order to be allowed to set up paperless direct debits, so a more obvious fraudster would be wanting payment by card (or cash or bank transfer etc).

It almost certainly is, their website says "All payments are subject to Direct Debit". This comes immediately after a heading saying "30 day money back guarantee" so hopefully the OP will be able to invoke that.

Moonwolf

SiliconChip said:

user1977 said:

Are you sure it's a direct debit? (i.e. was it only sort code and account number he gave them, rather than debit card details?)

Asking because merchants need to jump through some hoops in order to be allowed to set up paperless direct debits, so a more obvious fraudster would be wanting payment by card (or cash or bank transfer etc).

It almost certainly is, their website says "All payments are subject to Direct Debit". This comes immediately after a heading saying "30 day money back guarantee" so hopefully the OP will be able to invoke that.

It is difficult to be certain, his recollection of the call is poor. However he did say he gave them numbers from his cheque book. There are no pending payments on the account but I’ll check again tomorrow.