Consumers right to cancel reg 2008

[treefrog]

Had a small issue with one of my clients recently and have been informed that I need to redo my quoting procedure. Just wondering how others are making sure they follow the rules with this regulation notifying people of there rights. As there's a £5000 fine if this procedure is not met think I better get it sorted ASAP.

[TREE-SURGEON-ESSEX]

Yeah as a member of trading standard we adhere strictly to the law, customers have the right to cancel I believe up to 7 days after the written or verbal quote was agreed ( written is best ). Also you must respond to complaints within a reasonable time. The reason is pressure selling people doing on the spot sign ups, 7 days gives people an opt out.

 

But it's also annoying when you book work in and it could be the day before they cancel, but for us that happens so little.

 

If it's emergency work etc to take place within 7 days then it does not apply I believe, but I may need to fresh up on my reading .

[skyhuck]

Yeah as a member of trading standard we adhere strictly to the law, customers have the right to cancel I believe up to 7 days after the written or verbal quote was agreed ( written is best ). Also you must respond to complaints within a reasonable time. The reason is pressure selling people doing on the spot sign ups, 7 days gives people an opt out.

 

But it's also annoying when you book work in and it could be the day before they cancel, but for us that happens so little.

 

If it's emergency work etc to take place within 7 days then it does not apply I believe, but I may need to fresh up on my reading .

 

What does this mean??

[treefrog]

Contracts made at home (or at your workplace)

Since October 2008 there are improved cancellation rights if you agree to buy something during a visit by a trader, whether or not you invited the trader to visit.

If you make a contract for over £35 with a trader in your own home (or someone elses), or at your workplace, for goods and/or services:

 

You have, in most cases, a seven day cooling off period in which you can change your mind and cancel.

The rules only apply if the contract is agreed while the trader is with you.

These cancellation rights do not apply if the trader visits and later sends you a written quotation, which you accept by phone or in writing when he is not present.

The trader must give you a written notice of your cancellation rights, including a cancellation form, which explains how you can cancel. If the trader fails to give you this written information he commits a criminal offence and does not have a legal right to demand payment. Contact Trading Standards if this happens to you.

You must cancel in writing. Cancellation takes effect the day you send the letter, not the day the trader receives it. Keep a copy and get proof of posting.

If you buy something online, by phone, fax, mail order or TV at home without any face-to-face contact with the trader you still usually have a right to change your mind and cancel but the rules are different. The trader must still send you written details of your right to cancel.

If you make a credit or hire agreement at home you still have a cooling off period but the rules are different. Your right to cancel must be set out in the agreement.

Never agree to work being done by a cold caller, however tempting or convenient it seems.

[treefrog]

Going to have to make up a form similar to this to give to customers. Has any one got one similar and more suited to arb work but still meets the legal requirements.

 

 

Cancellation Form

 

If you wish to cancel the contract you MUST DO SO IN WRITING and deliver personally or send (which may be by electronic mail) this to the person named below . You may use this form if you want to, but you do not have to.

 

(Complete, detach and return this form ONLY IF YOU WISH TO CANCEL THE CONTRACT.)

 

To: __________________________________________________________________

 

_____________________________________________________________________

[trader to insert name and address of person to whom notice may be given.]

 

I/We (delete as appropriate) hereby give notice that I/We (delete as appropriate) wish to cancel my/our (delete as appropriate) contract _________________________________ [Trader to insert reference number, code or other details to enable the contract or offer to be identified. He may also insert the name and address of the consumer.]

 

Signed _______________________________________________________________

 

Name and Address: _____________________________________________________

 

_____________________________________________________________________

 

Date: _____________________________

[TREE-SURGEON-ESSEX]

What does this mean??

 

It means we will loose our membership if we don't offer the customer their legal rights when entering into a contract as tree frog stated very nicely.

 

Also that we have been shown by trading standards the rules that apply to us, which most company's don't even know about.

 

[skyhuck]

It means we will loose our membership if we don't offer the customer their legal rights when entering into a contract as tree frog stated very nicely.

 

Also that we have been shown by trading standards the rules that apply to us, which most company's don't even know about.

 

 

You are a member of the Trading Standards Scheme or Trading Standards Approved, you can't be part of Trading Standards, its a government body.

[TREE-SURGEON-ESSEX]

You are a member of the Trading Standards Scheme or Trading Standards Approved, you can't be part of Trading Standards, its a government body.

 

I'm sure I stated membership right above the quoted post ?.

[timmins90]

You can carry out the works sooner, as long as the client has signed to agree to this as is shown in the cancellation notice below

 

 

Seven day right to cancel only if the contract is concluded in a consumers home or place of work

 

In the above circumstance the consumer has the right to cancel the contract if they wish and that right can be exercised by delivering or sending (including by electronic mail) a cancellation notice to the trader at any time within the period of seven days starting on the day the consumer receives this notice. The consumer can cancel by delivering, sending or emailing a cancellation notice to the trader shown below. The consumer can use the cancellation form below if they wish.

 

Traders Name

Traders Address

 

For work commenced prior to the expiry of the 7 day cancellation period:

If the consumer has agreed in writing that work will commence before the seven-day cancellation period expires, and they subsequently cancel in accordance with their rights, they are advised that reasonable payment may be due for any work carried out.

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If the consumer wishes to cancel the contract they MUST DO SO IN WRITING and deliver personally or send (which may be by electronic mail) this notice to the trader shown above. The consumer may use this form if they want to but are not obliged to do so.

 

(Complete, detach and return this portion of the form ONLY IF YOU WISH TO CANCEL THE CONTRACT)

 

To: Traders Name and Address

 

I hereby give notice that I wish to cancel the contract

Quotation ref no………….& (Consumer to Write their Name & Address Here)

 

Signed……………………………………………….. Dated…………………………

 

 

(Complete, this portion of the form ONLY IF YOU WISH WORK TO COMMENCE BEFORE THE 7 DAY CANCELLATION PERIOD HAS EXPIRED)

 

I agree that Traders Name may commence work on ………….. (date), before the cancellation period has expired.

 

I understand that if I decide to cancel within seven days, I may be asked to pay for any work that has been carried out prior to cancellation.

 

Signed………………………………………………………….. Dated………………