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Default Cancellation of Contracts Made in a Consumer's Home or Place ofWork etc Regulations 2008

Has anyone else heard of this?

http://www.google.com/url?sa=t&sourc...MQp374xBqQ5yMQ

http://docs.google.com/gview?a=v&q=c...xQDzWBNVSxjXZw

Basically, if you ask me to come in to your house and fix the leak that's
causing water to pour down through your ceiling then, unless I
first produce a form explaining your cancellation rights under the above
regulations and get you to sign a waiver to the 7-day cooling-off period,
not only do you not have to pay me for the work I do fixing your problem,
but I'm a criminal liable to a £5,000 fine for doing the paperwork.


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Thesaurus: extinct reptile noted for its wide vocabulary.
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Default Cancellation of Contracts Made in a Consumer's Home or Place of Work etc Regulations 2008

YAPH
wibbled on Sunday 01 November 2009 22:28

Has anyone else heard of this?


http://www.google.com/url?sa=t&sourc...MQp374xBqQ5yMQ


http://docs.google.com/gview?a=v&q=c...xQDzWBNVSxjXZw

Basically, if you ask me to come in to your house and fix the leak that's
causing water to pour down through your ceiling then, unless I
first produce a form explaining your cancellation rights under the above
regulations and get you to sign a waiver to the 7-day cooling-off period,
not only do you not have to pay me for the work I do fixing your problem,
but I'm a criminal liable to a £5,000 fine for doing the paperwork.



Yes, there was some discussion on the IET forum some months back.

IIRC, the conclusion was that you are safe if the customer invites you to do
a job (solicits your work - ie fix the flood as in your example).

6d seems to contain information but it's written in such hideous legalease
(how *does* the and and *or* prioritise?) that you might be better to ask
on u.l.m

I *think* the intention is to sort out the likes of the "tarmac your drive*
pikeys and random cowboy tradesmen, not the honest professional who doesn;t
need to make unsolicited calls. But don't take my word for it...

Cheers

Tim


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This space intentionally left blank...

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Default Cancellation of Contracts Made in a Consumer's Home or Place ofWork etc Regulations 2008

On Sun, 01 Nov 2009 22:44:21 +0000, Tim W wrote:

Yes, there was some discussion on the IET forum some months back.

IIRC, the conclusion was that you are safe if the customer invites you to do
a job (solicits your work - ie fix the flood as in your example).


Hmmn, the NAPIT article I first heard about this in had exactly the
opposite interpretation.

6d seems to contain information but it's written in such hideous legalease
(how *does* the and and *or* prioritise?) that you might be better to ask
on u.l.m


Seems quite clear to me (having to be au fait with the Gas Safety regs,
British Standards etc, one gets used to parsing these things): 6d basically
excepts contracts to do with mortgages and other regulated credit
agreements, so not relevant to Mr Emergency Plumber looking for payment in
cash or cheque.

I *think* the intention is to sort out the likes of the "tarmac your drive*
pikeys and random cowboy tradesmen, not the honest professional who doesn;t
need to make unsolicited calls. But don't take my word for it...


Something in one of those weaselly regulatory impact documents referred to
extending protection for unsolicited contracts to cover 'unscrupulous'
operators who managed to slip in under the 'solicited' heading. They
conveniently didn't give any examples of *how* the boys from the
blackstuff were achieving this Derren-Brown-ery.


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Default Cancellation of Contracts Made in a Consumer's Home or Place of Work etc Regulations 2008

YAPH
wibbled on Sunday 01 November 2009 23:07

On Sun, 01 Nov 2009 22:44:21 +0000, Tim W wrote:

Yes, there was some discussion on the IET forum some months back.

IIRC, the conclusion was that you are safe if the customer invites you to
do a job (solicits your work - ie fix the flood as in your example).


Hmmn, the NAPIT article I first heard about this in had exactly the
opposite interpretation.


Do GasSafe have any advice on the subject?

No-one round here (East Sussex) seems bothered. I've dealt with a plasterer
and a tiler (one self employed and the other a firm) and the subject's not
come up.



--
Tim Watts

This space intentionally left blank...

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Default Cancellation of Contracts Made in a Consumer's Home or Place of Work etc Regulations 2008

In message , Tim W
writes
YAPH
wibbled on Sunday 01 November 2009 22:28

Has anyone else heard of this?


http://www.google.com/url?sa=t&sourc...0CBAQFjAA&url=
http%3A%2F%2Fwww.opsi.gov.uk%2Fsi%2Fsi2008%2Fuksi _20081816_en_1&ei=qr_tS
rOHCczb-Qbsj4X4Cw&usg=AFQjCNGV2VTO2j4fA2fsHCx39qGIMEA-1Q&sig2=dFu5q3rtMQ
p374xBqQ5yMQ


http://docs.google.com/gview?a=v&q=c...pkc.gov.uk/NR/
rdonlyres/9D37DB44-A032-4F78-8B01-48F57B1511B4/0/CANCELLATIONOFCONTRACTS
MADEINACONSUMER.pdf+cancellation+of+contracts+mad e+in+consumers+home+reg
ulations&hl=en&pid=bl&srcid=ADGEESg9ZG9taB1kP9iCi hfm1H5p33BQPxMTeb-jGHXh
9XM2I_nTZWAUlhwdBobpErstse2kRgUNvYzga9capAdHmpSF6 U2dw3peVyuaedKn-uB7fuWD
sE6STvN0ehEpQ32oeTTe6DMw&sig=AFQjCNGkPJyPSBIl0aBq xQDzWBNVSxjXZw

Basically, if you ask me to come in to your house and fix the leak that's
causing water to pour down through your ceiling then, unless I
first produce a form explaining your cancellation rights under the above
regulations and get you to sign a waiver to the 7-day cooling-off period,
not only do you not have to pay me for the work I do fixing your problem,
but I'm a criminal liable to a £5,000 fine for doing the paperwork.



Yes, there was some discussion on the IET forum some months back.

IIRC, the conclusion was that you are safe if the customer invites you to do
a job (solicits your work - ie fix the flood as in your example).

6d seems to contain information but it's written in such hideous legalease
(how *does* the and and *or* prioritise?) that you might be better to ask
on u.l.m

I *think* the intention is to sort out the likes of the "tarmac your drive*
pikeys and random cowboy tradesmen, not the honest professional who doesn;t
need to make unsolicited calls. But don't take my word for it...

Which is pretty useless, as they would have taken the cash, never to be
seen again ...


--
geoff


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Default Cancellation of Contracts Made in a Consumer's Home or Place of Work etc Regulations 2008

In message , Tim W
writes
YAPH
wibbled on Sunday 01 November 2009 23:07

On Sun, 01 Nov 2009 22:44:21 +0000, Tim W wrote:

Yes, there was some discussion on the IET forum some months back.

IIRC, the conclusion was that you are safe if the customer invites you to
do a job (solicits your work - ie fix the flood as in your example).


Hmmn, the NAPIT article I first heard about this in had exactly the
opposite interpretation.


Do GasSafe have any advice on the subject?

No-one round here (East Sussex) seems bothered. I've dealt with a plasterer
and a tiler (one self employed and the other a firm) and the subject's not
come up.




Contact consumer direct (number on website)

http://www.consumerdirect.gov.uk/contact

I've found them fairly useful in the past, whichever seat you're sitting
in

--
geoff
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Default Cancellation of Contracts Made in a Consumer's Home or Place of Work etc Regulations 2008



"Tim W" wrote in message
...


Yes, there was some discussion on the IET forum some months back.

IIRC, the conclusion was that you are safe if the customer invites you to
do
a job (solicits your work - ie fix the flood as in your example).


In writing!
It is important that they ask you to do the work before the cooling off
period and do so in writing.
Just contacting you is not enough.
You need to explain the cooling off period and for them to write it off.

Sounds like there are some traders here that have been doing stuff
illegally, best not make too much of it you never know who is reading this.

AFAICS the only thing it does (besides adding more paper work) is get rid of
call out charges.
You can't get them to sign off in writing before you get there (you will
lose work if you try) unless you limit call outs to FAX requests.
If you then quote a silly price and they say no you are stuffed.

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Default Cancellation of Contracts Made in a Consumer's Home or Placeof Work etc Regulations 2008

dennis@home wrote:

Sounds like there are some traders here that have been doing stuff
illegally, best not make too much of it you never know who is reading this.


Is 'Roger' your sock?

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Default Cancellation of Contracts Made in a Consumer's Home or Place of Work etc Regulations 2008


"Tim W" wrote in message
...
YAPH
wibbled on Sunday 01 November 2009 22:28

Has anyone else heard of this?


http://www.google.com/url?sa=t&sourc...MQp374xBqQ5yMQ


http://docs.google.com/gview?a=v&q=c...xQDzWBNVSxjXZw

Basically, if you ask me to come in to your house and fix the leak that's
causing water to pour down through your ceiling then, unless I
first produce a form explaining your cancellation rights under the above
regulations and get you to sign a waiver to the 7-day cooling-off period,
not only do you not have to pay me for the work I do fixing your problem,
but I'm a criminal liable to a £5,000 fine for doing the paperwork.



Yes, there was some discussion on the IET forum some months back.

IIRC, the conclusion was that you are safe if the customer invites you to
do
a job (solicits your work - ie fix the flood as in your example).


Having read it, I don't think it does that at all.

6d seems to contain information but it's written in such hideous legalease
(how *does* the and and *or* prioritise?) that you might be better to ask
on u.l.m

I *think* the intention is to sort out the likes of the "tarmac your
drive*
pikeys and random cowboy tradesmen, not the honest professional who
doesn;t
need to make unsolicited calls. But don't take my word for it...


No, it's also aimed at people who make solicited calls (i.e certain double
glazing companies), who rely upon the difficulty of the punter "walking
away" to make the sale

tim

..


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Default Cancellation of Contracts Made in a Consumer's Home or Place of Work etc Regulations 2008


"Tim W" wrote in message
...
YAPH
wibbled on Sunday 01 November 2009 23:07

On Sun, 01 Nov 2009 22:44:21 +0000, Tim W wrote:

Yes, there was some discussion on the IET forum some months back.

IIRC, the conclusion was that you are safe if the customer invites you
to
do a job (solicits your work - ie fix the flood as in your example).


Hmmn, the NAPIT article I first heard about this in had exactly the
opposite interpretation.


Do GasSafe have any advice on the subject?

No-one round here (East Sussex) seems bothered. I've dealt with a
plasterer
and a tiler (one self employed and the other a firm) and the subject's not
come up.


Which is most likely because these people don't realise that a rule
affecting their business model has been enacted.

They sole traders, they don't have a legal department constantly looking out
for these things.

tim




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Default Cancellation of Contracts Made in a Consumer's Home or Place ofWork etc Regulations 2008

On Mon, 02 Nov 2009 08:08:53 +0000, dennis@home wrote:

You need to explain the cooling off period and for them to write it off.


I don't just need to explain the cooling-off period, I need to give them
a written explanation, or I am breaking the law.

And my sodding printer's just packed up :-(


--
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Bad artists borrow
Great artists steal
Igor Stravinsky
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Default Cancellation of Contracts Made in a Consumer's Home or Place of Work etc Regulations 2008



"YAPH" wrote in message
...
On Mon, 02 Nov 2009 08:08:53 +0000, dennis@home wrote:

You need to explain the cooling off period and for them to write it off.


I don't just need to explain the cooling-off period, I need to give them
a written explanation, or I am breaking the law.

And my sodding printer's just packed up :-(


Staples will print from memory sticks, cd, etc. if you are near one.

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