A Checklist to Keep Them Out!
Was the work carried out following an unsolicited visit or telephone call from the trader?
Is the cost over £35?
If so, was a written notice given by the trader to the customer? This notice should advise the customer that they have the right to cancel the contract within 7 days.
If the trader failed to do so, he may have committed a criminal offence under the Consumer Protection (Cancellation of Contracts Concluded Away from Business Premises) Regulations 1987.
It is possible that other legislation enforced by Trading Standards has been breached. Consider the following questions:
If the trader gave any documentation did it contain their legal name and address? (Business Names Act 1985)
Does the seller imply that the goods (e.g. dusters, ironing board covers etc.) were produced by blind or disabled people? (Trading Representations (Disabled Persons) Act 1958)
If any claims were made by the trader as to membership of trade associations (e.g. Guild of Master Craftsmen), or if they claim to be employed/sub-contracted by a well-known organisation (e.g. tarmaccers working for the Council), can these claims be substantiated? (Trade Descriptions Act 1968)
Are the goods genuine? Do the goods display a sign which resembles a registered Trade Mark? (Trade Marks Act 1994)
Was the price charged reasonable for the work carried out or the goods supplied? (for gross overcharging - CRIMINAL - section 15, Theft Act 1968
obtaining property (i.e. money) by deception; CIVIL - Supply of Goods and Services Act 1982).
If the answer to any of the questions is 'no'
Try to verify the Trader's name, address, date of birth, vehicle details etc.
Telephone your local Trading Standards Service (TSS) for advice or assistance. TSS will attempt to attend a complaint immediately if assistance is required.
Legislation in BOLD is criminal - therefore if Trading Standards are unable to attend, please try to obtain sufficient name and address details for summons to be served (consider s.25 PACE 1984).
Trading Standards Doorstoppers Hotline for Police Calls HEREFORDSHIRE WORCESTERSHIRE SHROPSHIRE TELFORD 01432 261987 01905 765394 01743 254105 01952 202090
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