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Doorstep Selling - Frequently Asked Questions

What are the Doorstep Selling Regulations?

These are the rules protecting consumers who buy from sellers who call on consumers in their homes. They apply when the seller makes the first approach, but not when you make the first move. Their proper name is the Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) Regulations 1987 (as amended) and they implement an EU Directive.

What has happened to them?

The Regulations were amended at the end of 1998 in order to give consumers more protection.

Why were the Regulations amended?

There are some traders who have used unscrupulous selling methods involving deception, mainly targeting the elderly and vulnerable. The victims of doorstep selling scams tend to be people who are at home more often such as the elderly, people who are housebound and those with young children. The changes to the Regulations give improved protection for consumers against some bad practices, and also make it a criminal offence not to tell consumers about their rights.

What basic protection does the law give me, as a consumer?

Basically, the Regulations give you the right to a seven day cooling off period in which you can cancel the contract if the goods or services cost more than £35, and if you did not ask the seller to call. If you agree to a visit after an unsolicited phone call from a trader, you still have the right to cancel within seven days. The Regulations also require the seller to give you details in writing of your right to cancel. The Regulations cover most goods and services but there are some general exceptions (such as certain contracts for building and construction) and various other partial exceptions and limitations. If the trader fails to give you written information about your right to cancel, the contract cannot be enforced against you and the seller does not generally have the right to keep your money.

What difference do the amendments make?

There are two main changes which will benefit you.

First, you still have the right to a 7-day cooling off period if the seller calls on you (or sends a representative to call on you) without you asking him or her to do so and you agree to a further visit during which goods or services are sold to you. There have been a number of cases where unscrupulous sellers have attempted to avoid the application of the Regulations by making a preliminary visit of this sort. The trader then claims that the subsequent visit was not "unsolicited" because the consumer agreed to it. This amendment stops this sort of trick. This is consistent with your rights when you agree to a visit after the seller telephones you.

The second change is to introduce a criminal sanction against a trader who does not inform you of your right to a cooling off period. The introduction of a criminal offence gives Trading Standards Departments the duty of enforcing the Regulations, and ensuring that traders who sell oppressively are dealt with under the criminal law. Given that unscrupulous doorstep traders tend to target elderly or vulnerable people, it is important that there is proper protection for consumers. The maximum penalty is a fine of £2,500.

When did the changes come into force?

31 December 1998

How will the changes affect me?

They should give you more protection. The first change will close an apparent loophole that has been used by unscrupulous sellers. The second change will deter unscrupulous traders and will enable Trading Standards Officers to prosecute traders who break the law.

What sort of contracts are covered by the Regulations?

Most contracts for goods or services where the total cost is over £35 and the contract was made following an unsolicited visit to your home by a trader. As an example, contracts for the supply of gas and electricity are covered. Contracts for building repairs and maintenance work such as double glazing, fitting of burglar alarms, building patios, tarmacing drives, repairs to roofing and guttering etc are also generally covered.

Some building contracts however are not covered as the Regulations do not apply generally to contracts "for the construction or extension of a building or other erection on land". So while repairs are, on the whole, subject to the Regulations, new building tends not to be. Contracts for the supply of food and drink and other goods for household consumption by regular roundsmen (eg milk from the milkman) are also not covered.

If in doubt, you should seek advice or go to your local Citizens Advice Bureau.

If I cancel the contract, do I get my money back?

Yes, but there are some exceptions. If you have already received certain sorts of goods like perishables, which you can't return, or if services have already been carried out (such as home improvements made before you cancel), then you will have to pay for what you have already received, even if you cancel the contract.

What if I've received goods which I have to return?

If you cancel the contract and have already received these goods, you must let the seller collect them and look after them in the meantime. But note that you will have certain rights over the goods if the seller does not refund any money you paid for them.

Do the Regulations only cover visits to my home?

No, the Regulations also cover unsolicited visits by traders to your place of work and unsolicited visits to you at other people's homes. In addition, they cover contracts made during an excursion organised by a trader away from his business premises.

What difference will the Regulations make to sellers?

None at all to sellers who abide by the law. Most doorstep sellers are honest people just trying to make a living. But there are some who seek to take advantage of you . Those who attempt to deprive you of your right to a cooling off period by not giving you notice of it will be committing a criminal offence.

What if I invited the seller to my home?

If you contacted the company yourself, you have no legal right to change your mind and cancel the contract once you've agreed to buy. There are two exceptions to this rule. First the contract itself may give you the right to cancel (so check it before you sign). Second, if you bought the goods or services on credit, you will generally have a five day cooling off period. You should look carefully at the agreement you have signed for details of your right to cancel. Cancelling the credit agreement automatically cancels the agreement to buy the goods or services.

Why do I have fewer rights if I invite the seller to call?

The rationale for giving you additional protection when dealing with unsolicited doorstep sellers is that when a seller calls uninvited, you do not have had the opportunity to compare what they are selling with what is available elsewhere (eg in shops, or by mail order). The seller initiates the sale, and you may be unprepared for it. The seven day cooling off period gives you a chance to think about it and, if necessary, change your mind. However, if you have invited a seller to your home , the assumption is that you will have had the opportunity to compare prices and see what is available elsewhere before you made the invitation. You will be prepared for the visit and the element of surprise will be missing. It is important that you take every opportunity to compare prices and quality before inviting a trader to visit you at your home.

Does responding to an advert in a newspaper or a leaflet dropped through my letter-box count as inviting the seller to call?

Yes, it does.

Are there any sectors where there is a lot of bad practice?

The sectors where we have been made aware of bad practice tend to be those where there is substantial doorstep selling of goods of moderate to high value. These include the building industry (e.g. double glazing, tarmacing drives, roof repairs, guttering etc), the security industry (burglar alarms and also fire alarms) and also household products such as vacuum cleaners.

What help and advice is available?

The Department for Business, Enterprise & Regulatory Reform (BERR) website includes a consumer's guide to dealing with doorstep selling. This will give you some handy hints about dealing with doorstep sellers and on your legal rights. For further advice about particular problems with doorstep selling, you should go to your local Citizens Advice Bureau. If you wish to make a complaint about a particular doorstep seller, you should contact Consumer Direct.

What advice would you give to consumers who are put under pressure to buy goods or services from doorstep sellers?

Remember to ask yourself the following key questions:

- do I want it?
- can I afford it?
- would I buy this if I saw it in a shop?
- do I know and trust the seller?
- if there's a problem, can I contact them again?

If the answer to any of these questions is no, then don't buy.

It's not easy refusing doorstep sellers but it's better to be firm and not buy than to buy something you don't want and be stuck with it or have to go to the trouble of cancelling the contract later.