Doorstep Selling and Cold Calling Quick Facts

Relevant or Related Legislation:

• The Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) Regulations 1987.

• The Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) (Amendment) Regulations 1988.

• The Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) (Amendment) Regulations 1998.

These are more commonly known as the 'Doorstep Selling Regulations'.

Proposed Legislation

The Department is consulting on the proposed Cancellation of Contracts Made in a Consumers Home or Place of Work etc Regulations.

Key Facts: The Doorstep Selling Regulations give consumers:

• The right to a seven day cooling-off period during which they may cancel an agreement to buy goods or services worth more than £35 from a trader whose visit is unsolicited.

• The same right to a seven-day cooling of period where a visit by a trader follows an unsolicited doorstep or telephone approach.

The Regulations also provide that:

• Traders who fail to inform consumers in writing of their right to a cooling off period will be committing a criminal offence.

• Door-to-door sellers must provide a notice setting out cancellation rights when any agreement is made. Failure to do so makes the agreement unenforceable. This is the case whether a deposit is paid or not.

Energy Suppliers

• The Office of the Gas and Electricity Markets (OGEM) regulates the gas and electricity industries in Great Britain.

• OFGEM have a licence condition to control the sales and marketing practices of gas and electricity suppliers.

• The EnergySure scheme introduced in 2002 administers training and oversees sales staff by placing them on an approved register. A new code of practice introduced an automatic compensation of £250 for "proven forgery".

Frequently Asked Questions (FAQs)

Q1. What are my rights when purchasing goods or services at the door?
Q2. I have purchased goods or services on the door and I want to cancel my order. What can I do?
Q3. Are my rights affected if the trader did not inform me of a cooling-off period?
Q4. Are my rights affected if the goods I purchased were installed before the cooling-off period elapsed?
Q5. I have had goods I purchased installed in my home (e.g. fitted kitchen units) during the 7 day cooling-off period. Can I still cancel the contract?

-------------------------------------

Q1. & Q2. What are my rights when purchasing goods or services at the door? I have purchased goods or services on the door and I want to cancel my order. What can I do?

You have the legal right to:

• a seven day cooling-off period during which to cancel an agreement more than £35, if the visit from a trader was unsolicited.

• a seven-day cooling of period if the visit by the trader followed an unsolicited doorstep or telephone call.

The Consumer Direct website offers advice for consumers on how to handle doorstep sales tactics and your rights when buying from a doorstep seller.

Q3. Are my rights affected if the trader did not inform me of a cooling-off period?

No. Traders who fail to inform consumers in writing of their right to a cooling off period are committing a criminal offence. Door-to-door traders must provide a notice setting out cancellation rights when any agreement is made. Failure to do so makes the agreement unenforceable, whether a deposit is paid or not.

Q4. Are my rights affected if the goods I purchased were installed before the cooling-off period elapsed?

Cancellation rights and the obligations on the trader still apply. But, under Section 7(2) of the 1987 Regulation, if goods are installed (e.g. a fitted kitchen) before cancellation, the consumer is under a duty to pay in accordance with the contract for the supply of goods and the provision of any services in connection with the supply of goods before cancellation.

Q5. I have had goods I purchased installed in my home (e.g. fitted kitchen units) during the 7 day cooling-off period. Can I still cancel the contract?

You may still cancel the contract within the 7 days but you are liable for the costs of the goods and the associated services. 

Further Enquiries

You should contact Consumer Direct or your local Citizens Advice Bureau (www.nacab.org.uk) who can give you legal advice about your rights under the current law.

Local Trading Standards Departments (www.tradingstandards.gov.uk) are responsible for enforcing the doorstep selling legislation within the UK. You can find the address and telephone numbers of the local office of both these organisations by visiting their respective web sites shown above and then entering your local postcode. Both should also be listed in your local phone book.

Enquiries or complaints about trading practices of energy suppliers should be directed to OFGEM (www.energywatch.org.uk ).