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The Electrician & Trading Standards.

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Mornin' All,

                    A potential customer has reported me to the Local Trading Standards Dept.


The local Trading Standards Officer has written to me stating that I need to provide a written leaflet to all of my customers about their "Right to Cancel."


Simply, I went to do an urgent repair and was not allowed to continue. I was asked to leave as it was getting late in the day. I did make some progress on the job and left things working that were not working before. I left without payment but later sent in an invoice for my lost time. That is when the customer contacted the Trading Standard Dept.


The trading Standards officer sent me various emailed documents about Rights to Cancel a Contract. He is not taking any action on this occasion as I have not been reported before.


This mater is covered by The Consumer Contracts (Information, cancellation & Additional Charges) Regulations 2013.


After having read through the document carefully I discovered a get out of jail clause. This applies.


"Contracts where the consumer has specifically requested the trader to call to carry out urgent repairs or maintenance" apply and there is NO RIGHT TO CANCEL.


There I rest my case.


Be warned, have you got a pile of the leaflets for your customers?


Bye.


Z.






Parents
  • 0
    Official gobbledegook sent to me by the Trading Standards Dept.

     

    Supply of service in cancellation period



    36.—(1) The trader must not begin the supply of a service before the end of the cancellation



    period provided for in regulation 30(1) unless the consumer—



    (a) has made an express request, and



    (b) in the case of an off-premises contract, has made the request on a durable medium.



    (2) In the case of a service other than supply of water, gas, electricity or district heating, the



    consumer ceases to have the right to cancel a service contract under regulation 29(1) if the service



    has been fully performed, and performance of the service began—



    (a) after a request by the consumer in accordance with paragraph (1), and



    (b) with the acknowledgement that the consumer would lose that right once the contract had



    been fully performed by the trader.



    (3) Paragraphs (4) to (6) apply where a contract is cancelled under regulation 29(1) and a service



    has been supplied in the cancellation period.



    (4) Where the service is supplied in response to a request in accordance with paragraph (1), the



    consumer must (subject to paragraph (6)) pay to the trader an amount—



    (a) for the supply of the service for the period for which it is supplied, ending with the time



    when the trader is informed of the consumer’s decision to cancel the contract, in



    accordance with regulation 32(2), and



    (b) which is in proportion to what has been supplied, in comparison with the full coverage of



    the contract.



    (5) The amount is to be calculated—



    (a) on the basis of the total price agreed in the contract, or



    (b) if the total price is excessive, on the basis of the market value of the service that has been



    supplied, calculated by comparing prices for equivalent services supplied by other traders.



    (6) The consumer bears no cost for supply of the service, in full or in part, in the cancellation



    period, if—



    (a) the trader has failed to provide the consumer with the information on the right to cancel



    required by paragraph (l) of Schedule 2, or the information on payment of that cost



    required by paragraph (n) of that Schedule, in accordance with Part 2, or



    (b) the service is not supplied in response to a request in accordance with paragraph (1).


    Z.


Reply
  • 0
    Official gobbledegook sent to me by the Trading Standards Dept.

     

    Supply of service in cancellation period



    36.—(1) The trader must not begin the supply of a service before the end of the cancellation



    period provided for in regulation 30(1) unless the consumer—



    (a) has made an express request, and



    (b) in the case of an off-premises contract, has made the request on a durable medium.



    (2) In the case of a service other than supply of water, gas, electricity or district heating, the



    consumer ceases to have the right to cancel a service contract under regulation 29(1) if the service



    has been fully performed, and performance of the service began—



    (a) after a request by the consumer in accordance with paragraph (1), and



    (b) with the acknowledgement that the consumer would lose that right once the contract had



    been fully performed by the trader.



    (3) Paragraphs (4) to (6) apply where a contract is cancelled under regulation 29(1) and a service



    has been supplied in the cancellation period.



    (4) Where the service is supplied in response to a request in accordance with paragraph (1), the



    consumer must (subject to paragraph (6)) pay to the trader an amount—



    (a) for the supply of the service for the period for which it is supplied, ending with the time



    when the trader is informed of the consumer’s decision to cancel the contract, in



    accordance with regulation 32(2), and



    (b) which is in proportion to what has been supplied, in comparison with the full coverage of



    the contract.



    (5) The amount is to be calculated—



    (a) on the basis of the total price agreed in the contract, or



    (b) if the total price is excessive, on the basis of the market value of the service that has been



    supplied, calculated by comparing prices for equivalent services supplied by other traders.



    (6) The consumer bears no cost for supply of the service, in full or in part, in the cancellation



    period, if—



    (a) the trader has failed to provide the consumer with the information on the right to cancel



    required by paragraph (l) of Schedule 2, or the information on payment of that cost



    required by paragraph (n) of that Schedule, in accordance with Part 2, or



    (b) the service is not supplied in response to a request in accordance with paragraph (1).


    Z.


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