Tuesday, 23 February 2010

Consumer protection regulations

Gill Drapers case concludes that, as this is a contract not associated with your normal business-as-usual practice it is therefore a consumer contract and not a commercial contract.  Therefore consumer contract law should apply.

Amongst other things, the Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) Regulations 1987 apply to a contract made:-
    during an unsolicited visit by a trader-
          a) to the consumer's home or to the home of another person; or
          b) to the consumer's place of work

So, like a lot of our circumstances, where RTA contacted us via telephone out of the blue and then set up an appointment for their sales representative, this constitutes an unsolicited visit by a trader.

The Regulations state:-
"No contract to which these Regulations apply shall be enforceable against the consumer unless the trader has delivered to the consumer notice in writing in accordance with paragraphs (3) and (4) indicating the right of the consumer to cancel the contract within the period of 7 days"

This means, if RTA did not give you notice in writing of your right to cancel then they cannot enforce the contract.

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