Major legal changes have given consumers new cancellation rights which affect most contracts that are concluded away from trade premises. The regulations apply to most contracts for the supply of goods or services with a value over £35. These rights extend to many contracts that have not previously been caught by similar legislation and apply to lots of different types of transactions. Some typical examples are double glazing, roofing, gardening work and home repairs.
The important point is that these cancellation rights only apply if the deal is agreed away from the trader’s premises, for example during a sales visit to the purchaser’s home.
The Regulations set the cooling-off period to a minimum of seven days. Written cancellation rights must be prominently displayed in any contract and must also be given even when the original contract was not in writing. Without them the cancellation period is extended indefinitely.
Councillor Craig McLaughlin, spokesperson for Corporate Services said “We want consumers to be aware of an additional legal protection. If a trader pursues a consumer for payment through the Sherriff Court, and the consumer asks the trader to provide evidence that they were given their cancellation rights in writing, then without this evidence the Court should not award in the traders favour as the contract should be deemed unenforceable”.
Liz Hodson, Authorised Officer said “There are some practical exceptions to the regulations such as goods supplied in an emergency; goods and services provided for a funeral; perishable goods; insurance contracts and goods that have become incorporated into land. However the regulations do apply to extensions, patios, conservatories, driveways and property improvements”.
Although the cooling off period is seven days, work can be carried out sooner by agreeing this in writing. If a consumer then cancels they will have to pay for any work done so far. Consumers should also be aware that cancellation is deemed to be given as soon as it is posted or sent.
Trading Standards realise that the changes in legislation may be difficult to fully understand and with this in mind they have been writing to many West Dunbartonshire businesses actively promoting and giving guidance on how to comply with the regulations.
You can get further help by calling Trading Standards on 01389 738519
or by visiting their website at www.west-dunbarton.gov.uk and follow the links to Trading Standards.
