Cancellation rights plus - Discussion

[angry cat]

hi AC

 

many thanks for posting the detail (I couldn't get the link to work)

 

sorry for asking the same question but will I still be able to use this in my case when my defence actually refered to the CCA, not these regulations?

regards

S

 

 

 

The Financial Services (Distance Marketing) Regulations 2004

[Sunshine54]

Thanks AC

 

(Feeling particularly thick now cos it's clearly obvious to you that I can use this arguement regardless of that fact that my defence said something else)

[Peterbard]

Thanks AC

 

(Feeling particularly thick now cos it's clearly obvious to you that I can use this arguement regardless of that fact that my defence said something else)

 

HJi

 

 

They are correct you should be quoting the distance marketing regulations not the distance selling ones which do not relate to creddit and do not apply to the cca .

The distance marketing regs give a fourteen day cancellation period on all qualifying agreements fom the date of the reciept of the last piece of precontractural information section 7 of the act.

 

Peter

[pumpytums]

Hi,

I have a CC agreement, from a CCA request no where on the agreement does it mention cancelling the agreement. The only text I can see is "You can settle this agreement at any time by giving notice in writing and paying off the amout you owe under the agreement". No cooling off period is mentioned etc. This text is not clearly shown.

 

http://i227.photobucket.com/albums/dd74/pumpytums/ge.jpg

 

What does this mean?

 

Pumpytums

[vint1954]

The only time that you should not have cancellation rights, is when the document is completed on their premisses, such as a Bank

[pumpytums]

Signed at home.Thanks again This may come in very useful.

 

On another note the creditor has put the same date as my alleged signature which was a Saturday. Its also impossible, as I would have remembered them coming round to my home. Does this mean anything?

 

Pumpytums

[kurvaface]

So for people that have been suckered into making an arrangement with a door to door debt collector, are there obligations for the debt collector to provide a notice of cancellation rights?

[vint1954]

So for people that have been suckered into making an arrangement with a door to door debt collector, are there obligations for the debt collector to provide a notice of cancellation rights?

Not sure on that one. You are not actually signing a credit agreement in those instances. If it was a credit agreenet, regulated by CCA 1974, then yes, cooling off period required.

[kurvaface]

From Trading standards:

 

 

Know The Law - Cancellation Rights

 

Most contracts will be legally binding and enforceable as soon as they are made. The supplier must deliver the goods or services mentioned in the contract and the customer must pay the purchase price.

 

As a general rule, customers cannot get out of a binding contract simply because they change their mind. This would be considered to be a breach of contract on the customer's part and may mean that the customer will have to pay the innocent party compensation to cover any loss of profit and expenses.

However, there are certain cases when a customer can cancel a contract without incurring a penalty. Consumer Credit Agreements

 

• Withdrawal
  When you sign a credit agreement you may withdraw from the contract at any time before the agreement is signed by the other party on behalf of the lender. There is no contract until all parties have agreed. This applies whether you have signed at home or on business premises.
  
• Cancellation
  If you sign a credit agreement at home following face to face contact with the supplier you must be given written notice of your cancellation rights. These should be written into the agreement you sign and you should be given a copy of this agreement at the time you sign it.
  In addition, you should receive either a second copy of the agreement signed by the finance company through the post, or a separate notice of your cancellation rights. You have five days from when you receive this second copy or notice to cancel the agreement. If you cancel, you are entitled to recover any deposit that you have paid.
  

Doorstep Sales (Off Trade Premises)

 

The Consumer Protection (Cancellation of Contract Concluded Away from Business Premises) Regulations 1987 as amended gives you a 7 day cooling off period under the following circumstances only:-

• The contract is over £35 in value;
  
• The contract is signed at your home or away from the business premises of the supplier;
  
• The visit has not been requested by you, but has been instigated by the supplier, either by telephone canvassing or prior visit;
  
• It is a consumer contract. Business contracts are not covered.
  

You must be given a written notice of your right to cancel. You may cancel within 7 days following the making of the contract and recover any deposit paid. How To Cancel

 

• Cancel within the cooling off period;
  
• Write to the supplier or finance company telling them that you are cancelling the agreement, as you are legally entitled to do. Complete and return any cancellation slip provided.
  
• Obtain a certificate of posting.
  
• Keep a copy of your letter/cancellation slip.
  
• Keep any goods supplied safe until collected.
  

Failure To Give Notice Of Cancellation Rights

 

If you have signed a contract/credit agreement at home and you have not been given cancellation rights, the agreement may not be enforceable against you and the supplier may have committed an offence.

For further advice on any of these issues, contact The Trading Standards Advice Line.

 

 

I don't know whether this applies to DCAs

[vint1954]

No, as they are collecting on an existing contract.

 

If they get you to sign a new credit agreement, then yes.