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• PRO

  Andy May 8, 2014 at 11:15pm

  "you cannot open a book without learning something" Confucius.
  
  Well worth a read and learn what you have to do dependant on how you recruit new domestic clients.
• PRO

  Robbie May 9, 2014 at 10:08am

  Janet wants a new front door so invites
  salesman John to her home to measure up
  and give her quotes.
  Janet looks through the catalogue and
  orders a door with stained glass bird design.
  It was expensive but she wanted something
  different.
  Janet sees the door fitted, thinks it’s too
  outrageous and no longer wants it, even
  though it’s identical to the catalogue picture.
  Janet calls Citizens Advice Consumer helpline. They tell her that there
  hasn’t been a breach of contract as the door is good quality, is as
  described and has been fitted perfectly. However, John didn’t leave
  Janet information on her right to cancel the contract - this means the
  contract is legally unenforceable so Janet doesn’t have to pay.
  John comes to collect payment, Janet tells him she’s not paying as the
  contract is unenforceable, so she doesn’t have to.
  John calls his local Trading Standards office to see if this is correct, he
  is informed of the Cancellation of Contracts in a Consumer’s Home
  or Place of Work etc. Regulations 2008. John has lost the money, just
  because he didn’t give Janet cancellation rights.
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  Ray McIntosh May 10, 2014 at 11:03am

  Contract Law is varied and complex however this act is relevant to consumer credit cases and the case above is a 'simple' contract whereby new door is fitted and paid in full. Id be tempted to pull out old case law to support the tradesman but todays a day to relax... If i were the tradesman id have originally quoted in writing confirming my t&c's (so the situation didnt arise) and request in writing, phone, final demand, legal letter then bailifs! My suppliers would also be pretty good so unless made to measure a replacemt would be easy to arrange and if made to order a suitable deposit should be arranged when ordered. Happy days :)
• PRO

  Gary RK May 10, 2014 at 11:09am

  Robbie's post above is a "section/example" taken out of the TS guide to highlight a series of situations - so would presume it is techically & legally correct as to what can/can't be done
  
  Could/would you go against Trading Standards/Consumer Law ?
  
  Have I misunderstood your post ?
  
  Ray McIntosh said:

  Contract Law is varied and complex however this act is relevant to consumer credit cases and the case above is a 'simple' contract whereby new door is fitted and paid in full. Id be tempted to pull out old case law to support the tradesman but todays a day to relax... If i were the tradesman id have originally quoted in writing confirming my t&c's (so the situation didnt arise) and request in writing, phone, final demand, legal letter then bailifs! My suppliers would also be pretty good so unless made to measure a replacemt would be easy to arrange and if made to order a suitable deposit should be arranged when ordered. Happy days :)
• 

  Ray McIntosh May 10, 2014 at 12:42pm

  My point being if you agree a verbal contract it is enforceable in law, whether cancelation terms were offered is or itrelative (we always quote in writing with t&c's though!). The legislation referred is specific to consumer credit protection not sale of goods/services which is what landscapers and gardeners undertake. Anybody offer credit where a client pays up over 12 months then fine but to cite legislation such as this is confusing and misleading. And yes if TS tried to suggest this was reason enough for an old lady changing her mind, the sales of goods actcrefers to satisfactory quality, defects etc for refusal, not just changing your mind.
• PRO

  Gary RK May 10, 2014 at 1:08pm

  A verbal agreement can not remove a consumers statuary rights - certainly in England

  Your / a Traders rights comes subsequent to this Act. It has little to do with the Consumer Credit Act - are you confusing the two Acts ?

  If you read it, it states:

  This guide explains the Cancellation of Contracts made  in a Consumer’s Home or Place of Work etc. Regulations 2008, frequently referred to as the Doorstep Selling Regulations, which came into force on 1 October 2008.

  
  The Regulations apply to any contract between consumer and trader, supplying goods or services to the consumer by a trader, made during a visit by the trader.

  This visit can be to: 
  • the consumer’s home or workplace
  • the home of another individual
  • during an excursion organised by the trader away
  from his business premises or after an offer made by the consumer during a visit or excursion.

  The Regulations apply to almost all contracts with a total payment of more than £35. They set out a cooling-off period in which the consumer can cancel the contract, normally with a full refund of any money paid, to a minimum of seven calendar days from making the agreement. The Regulations require cancellation rights to be clearly and prominently displayed in any written contract, or provided in writing if there is no written contract - a sample cancellation notice is provided in this booklet.
• PRO

  Geoffrey King May 10, 2014 at 1:23pm

  As I understand then,

  If someone asks us look at their garden project / job

  We visit, but don't give them price 'there and then'

  But quote / estimate the works by post or email (even if it is the same day)

  Then the regulations don't apply.

  However we always give a right to cancel.
• PRO

  Gary RK May 10, 2014 at 1:31pm

  I would agree, based upon key phrase "The Regulations apply to any contract between consumer and trader, supplying goods or services to the consumer by a trader, made during a visit by the trader."
  
  Geoffrey King North Yorkshire said:

  As I understand then,

  If someone asks us look at their garden project / job

  We visit, but don't give them price 'there and then'

  But quote / estimate the works by post or email (even if it is the same day)

  Then the regulations don't apply.

  However we always give a right to cancel.
• 

  Ray McIntosh May 10, 2014 at 1:53pm

  Hi Gary, i studied contract law part time many years ago and whilst verbal contracts are enforceable, the Doorstep Regs you refer enhance the principles of contract law in order to uphold consumer protection and fairness. As such you are correct that cancelation notice should always be provided and ALL MEMBERS should ensure they have t&c's for all contracts, quotes etc.
  For a nominal sum businesses can buy legal cover (Abbey Legal are ours) who will defend/persue all types of legal disputes including contracts!
• PRO

  Gary RK May 10, 2014 at 1:56pm

  Me too :-) hence why I try to pay particular attention to wording and being Trading Standards approved via BWC, I will always defer to that/their interpretation now.

  If you follow the Acts (and Law) you should not have a problem. Detailed discussions and differences of approaches are best dealt with when a specific situation occurs under which all facts are know.

  The information was provided to help LJNers.