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Cancellation of Cash Agreements Signed Off Trade Premises

 

Since 1st July 1988 consumers have had a statutory cooling off period of 7 days on any contract to purchase goods or services signed away from trade premises, provided signing takes place during an unsolicited visit and the method of payment is not via a credit agreement (different legislation applies to credit agreements). 

The Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) Regulations 1987  which sets out these rights has recently been amended. The amendments –

1) redefine what constitutes an unsolicited visit and

2) create a new criminal offence  where  a trader fails to deliver to the consumer a written notice of cancellation rights.

What is an unsolicited visit?
An unsolicited visit is one which does not take place at the express request of the consumer. This includes:-

-A visit by a trader or his agent which takes place after he telephones a customer without being asked to do so and indicates during this call that he is willing to visit the customer. The subsequent visit will be unsolicited  and any agreement entered into will be cancellable within 7 days. 

-A visit  by a trader or his agent which takes place after he visits not at the customers express request and indicates that he or his agent is willing to make a subsequent visit. The subsequent visit will be unsolicited and any agreement entered into will be cancellable within 7 days.

As has been the case since July 1988, the customer is entitled to claim a refund of all monies paid to the trader once the contract is cancelled within the cooling off period.

These amendments came into force on 31st December 1998 and from that date a trader may be committing a criminal offence  should he fail to deliver to the customer a written  notice of their right to cancel and a form  for the customer to complete to exercise this right.

For further advice please contact the Trading Standards Service and ask to speak to a Consumer Advisor.  Traders who wish to discuss the criminal implications of this legislation should ask to speak to the Trading Standards Duty Officer.  Please contact:

Pen Icon Trading Standards, Palmyra House, Palmyra Square North, Warrington. WA1 1JN.
Telephone Icon 01925  442678
Email Icon tradingstandards@warrington.gov.uk