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cooling off period
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When a salesman comes to your home, I know that there is a 7 day cooling off period. Does anyone know if the 7 days includes bank holidays, or should they be counted. Also, does anyone know the law that covers this.
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It depends if it says 7 working days or just 7 days. If its 7 working days then it don't include bank holidays, if it says 7 days then it depends...
1:- You would need to find out somehow if anyone in the company was working or able to be contacted on the bank holidays. If they didn't work on those days - then YES include them as you couldn't have contacted anybody to cancel. Its not your fault they weren't there...
2:- I've covered some contract law, depending upon the product or service you aren't fixed regardless of cancelation period if the products or services were inadequate, poor quality, not as specified.
You haven't gone into any detail as to the purpose of why you wanted to know....
1:- You would need to find out somehow if anyone in the company was working or able to be contacted on the bank holidays. If they didn't work on those days - then YES include them as you couldn't have contacted anybody to cancel. Its not your fault they weren't there...
2:- I've covered some contract law, depending upon the product or service you aren't fixed regardless of cancelation period if the products or services were inadequate, poor quality, not as specified.
You haven't gone into any detail as to the purpose of why you wanted to know....
(2-part post):
You've not stated why the salesman called. If it was a 'cold call' (or a visit following on from a 'cold call' by phone), and if the value of the goods ordered was over �35, then you do, indeed, have a 7 day cooling off period. (This would normally mean 7 days from signing the contract, or otherwise agreeing to the sale. However, if you signed a contract 7 days prior to a bank holiday and were therefore unable to contact the company until after the elapse of 8 days from signing, it's likely that a court would take the view that you were still entitled to cancel).
Where a sale (with a value exceeding �35) is agreed as the result of a 'cold call', the salesman commits a criminal offence if he fails to advise the purchaser of his right to cancel the agreement within 7 days.
The relevant legislation is embodied in three separate sets of regulations which are collectively known as The Doorstep Selling Regulations:
http://www.dti.gov.uk/ccp/topics1/facts/doorst ep.htm
Everything above relates to 'cold calling', either on your doorstep or by initial phone contact. If, however, you invited a salesman to call (e.g. through making a telephone enquiry about a product) then there is NO cooling off period and any contract, in relation to the sale of goods or services, becomes fully binding from the moment that it is signed.
You've not stated why the salesman called. If it was a 'cold call' (or a visit following on from a 'cold call' by phone), and if the value of the goods ordered was over �35, then you do, indeed, have a 7 day cooling off period. (This would normally mean 7 days from signing the contract, or otherwise agreeing to the sale. However, if you signed a contract 7 days prior to a bank holiday and were therefore unable to contact the company until after the elapse of 8 days from signing, it's likely that a court would take the view that you were still entitled to cancel).
Where a sale (with a value exceeding �35) is agreed as the result of a 'cold call', the salesman commits a criminal offence if he fails to advise the purchaser of his right to cancel the agreement within 7 days.
The relevant legislation is embodied in three separate sets of regulations which are collectively known as The Doorstep Selling Regulations:
http://www.dti.gov.uk/ccp/topics1/facts/doorst ep.htm
Everything above relates to 'cold calling', either on your doorstep or by initial phone contact. If, however, you invited a salesman to call (e.g. through making a telephone enquiry about a product) then there is NO cooling off period and any contract, in relation to the sale of goods or services, becomes fully binding from the moment that it is signed.
So, if you've agreed to make a purchase from a salesman whose visit was NOT unsolicited, you CAN'T cancel the agreement. The only thing which you might be able to cancel would be a credit agreement in relation to the purchase. So, if you just noticed that, in addition to agreeing to purchase goods or services, you've also signed a credit agreement with a massive interest rate, it's likely that you could cancel the credit arrangement. (If you have signed a credit arrangement, the company must send you a second copy of the agreement. From the date of receipt you have a further 5 days to cancel. Note, however, that cancelling a credit agreement won't cancel the sale. You'll still have to find the money from elsewhere).
Chris
Chris
We were planning to have some external work done on the house. We signed a contract on the Tues, they wanted to start on the Thursday before Easter. I thought that once they had started, we would be unable to cancel; a fair assumption if they have knocked part of the walls away. On further reading the contract, in small print on the back, it mentioned the 7 day period. As it happens, we are happy with the work, but they got quite snotty with us when they learned that we had cancelled a finance agreement at 19.8%!! I want to write a letter of complaint about their business practice.
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