7 DAY RIGHT TO CANCEL LAW

[sparkytim]

Had this bgt to my attention by another sole trader, it appears to be required that anyone entering into a contract for supply of goods or services within the Home or place of work of a customer, "Cold caller" OR INVITED to quote for work, has to provide this Notice of the right to cancel.

If you enter into a contract with your customer and do not supply this then you are tradeing illegally.

If you START work without giving this notice or before 7 days have elapsed without written agreement to do so from the customer then they can refuse to Pay for work done.

Anyone been aware of it?

 

[Sidewinder]

Tim,

Not doubting, but how can this work for say emergency call outs?

 

[sparkytim]

http://www.tradingstandards.gov.uk/wirral/support/support5.htm

---------- AUTO MERGE Post added at 17:53 ---------- Previous post was at 17:50 ----------

Hi sides

It appears that to start work immediatly then they have to agree to waive their right.

I have added to my T&C the required Notice and have 2 versions, one to go with estimates for work and one for callouts.

 

[wozz]

im sure some on here have put up their doorstep contracts, i cant remember who though. Any that belong to the buy with confidence scheme will be well aware of this.

 

[Andy™]

there is a few threads somewhere

 

[Sidewinder]

Quite Tim,

However in the event of cancellation the consumer has to pay within the seven days if the work starts or goods are "consumed" then they cancel.

Thus if the work is complete then IMHO the reasonable cahrge would be the quoted price?

I may actually check with TS this as most of my domestic is short notice stuff.

 

[sparkytim]

As i read it ONLY have to pay IF Notice was issued and they signed agreement for work to START prior to 7 Days.

 

[m4tty]

Has this got anything to do with the FSA?

 

[Andy™]

cant find the other thread, but i dont some looking into a while back

basically you must give customer right to cancel info (mine is on the bottom of contracts). if you dont, then you cannot enforce payment.

if the work is due to start within 7 days, then they must sign to cancel their 7 days. they can still cancel, but they will have to pay for any materials/labour upto that point.

another thing im not too sure about is when a contract is made by them phoning you to accept a quote - i would say the contract has not been 'made' in their home or workplace (since they have phone you and your elsewhere. i.e not in their house), so should not apply. tried to get an answer from trading standards on this, but their response was they didnt know and i would have to speak to 'a more specialist agency or department', and that the exact details 'may ultimately be decided only by a judge'

well thought out and clear, isnt it!

 

[sparkytim]

It also applies to Finance agreements but as we normally agree a contract with customers in their homes then affects us too.

This is my T&C agreement for Call outs;

Please sign below to agree to these terms and conditions, I also agree that work can start prior to the expiry of my 7 day right to cancel and agree to make payment for work carried out and materials used prior to cancellation.

(This must be signed before any work is carried out)

Name:

 

[SPECIAL LOCATION]

It was discussed in this thread...

http://www.talk.electricianforum.co.uk/showthread.php?t=5980&highlight=DAY+CANCEL

(Post #9)

Oct 2009.

and this one...

http://www.talk.electricianforum.co.uk/showthread.php?t=1830&highlight=DAY+CANCEL

(Post #15)

Oct 2008.

Back in the old'n days when all we had to talk about was proper stuff!!!

:Blushing :x :innocent

Guinness

---------- AUTO MERGE Post added at 18:42 ---------- Previous post was at 18:40 ----------

[quote name='Andy

 

[Andy™]

tut tut..

There ARE a few threads somewhere!!!! :^O :tongue in cheek

it was going to be 'there is a thread somewhere', but i change it mid-senstence!

 

[sparkytim]

Thanks, it was before my time on here

Did try a search on this but nothing came up for me, what search words did you use?

:Blushing

 

[SPECIAL LOCATION]

Thanks, it was before my time on hereDid try a search on this but nothing came up for me, what search words did you use?

:Blushing

"7 day cancel"

I did vaguely remember the old threads were there as wel,l which is a help..

and the fact that it isn't actually the main topic of those threads..

it just came up during the discussions as the threads developed...

So TBH not really surprising that you didn't get any search results...

I would have probably given up myself.. unless I (Like Andy) remembered it being previously discussed...

ANYWAY...

as another point for consideration...

I personally would suspect 90%+ of reputable electricians would be hard pushed to actually get a contract moving and started within 7 days anyway!

I normally advise customers its about 2 weeks before I could start anything even if they agreed tomorrow! What with existing workload, booked up diary, and time for collecting any materials etc..

I have NEVER had any customer sign any contract while I am actually at their home...

I generally provide a written agreement detailing work schedule & costs etc..

Then await the customer to sign and return a copy at their convenience.

The agreement has a box where THEY stipulate the earliest possible date for work to commence.

Until I have received this agreement I will not order any materials or commence any work.

So they have had plenty of time to mull over the full schedule, terms & costs & timescale to starting, before agreeing to anything.

I believe this comes under the bit...

You may have to pay a reasonable charge if you agree in writing to work starting or consume goods within the seven day period and then cancel.

From the linked webpage.

Also I do not ask for any deposits or payments until work has commenced at the earliest.

have been doing it like this since I started working for myself approx 12 years ago!

I do think this legislation is more geared toward sales persons getting contracts signed and/or deposits paid during the site visit...

:coffee

 

[batty]

All I can say is lucky most of my work is via builders and the other work is recommended. Now with all the part p and other paperwork this really is getting beyond the joke it could drive you take your own life.

 

[lilman]

I'm registered with Trading Standards and we are given cards to give to customers - I forget more often than not though. It's been a legal requirement for a while.

 

[baldelectrician]

I don't really find this much of a hassle, as I tend to be in a position to pick and choose my customers

Most of my work is word of mouth and I have had only 1 nutter customer last year- took a huff when I did one job and he added another job (

 

[sparkytim]

Only problem is;

"Failure To Give Notice Of Cancellation Rights

If you have signed a contract/credit agreement at home and you have not been given cancellation rights, the agreement may not be enforceable against you and the supplier may have committed an offence."

 

[batty]

WTF is this all about I thought these things are brought in for cold callers surely if somebody rings you to do a job you agree a price what need is there for a right to cancel as said I am really get fed up with all this paperwork brought in by a government creating jobs for the sake of creating jobs.

 

[Badger]

WTF is this all about I thought these things are brought in for cold callers surely if somebody rings you to do a job you agree a price what need is there for a right to cancel as said I am really get fed up with all this paperwork brought in by a government creating jobs for the sake of creating jobs.

i agree with you batty bat :^O :^O entirely