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date: Mon, 02 Nov 2009 22:20:11 +0000,    group: uk.legal.moderated        back       
Re: The Cancellation of Contracts made in a Consumer's Home or Place of Work etc. Regulations 2008   
YAPH  wrote in
news:7l8p9uF38624rU3@mid.individual.net: 

> On Mon, 02 Nov 2009 01:00:25 +0000, neverwas wrote:
> 
>> But that seems not apt to cover (say) a boiler fitted within 7
>> days which is not to meet an emergency.  So no short notice jobs
>> when things are quiet unless it is an emergency?
> 
> 
> As I read it it doesn't have to be an emergency, it just has to be
> agreed in writing that the work will start before the 7-day
> cancellation period and that if the customer subsequently cancels
> within the remainder of the 7 day period then they'll be liable to
> pay for goods & services supplied/done up to that point.
> 
> 

I am not an expert, or a lawyer, but I doubt that putting an exclusion 
of the 7 day period in one's standard contract would work.   I expect 
that the agreement in writing has to be a clearly separate agreement to 
start the work before 7 days, probably made after the original contract 
was agreed, and it would probably help to make clear reference to the 
loss of cancellation rights consequent upon it.

-- 
Percy Picacity
date: Mon, 02 Nov 2009 22:20:11 +0000   author:   Percy Picacity lid

Re: The Cancellation of Contracts made in a Consumer's Home or Place of Work etc. Regulations 2008   
On Mon, 02 Nov 2009 22:20:11 +0000, Percy Picacity wrote:

> I am not an expert, or a lawyer, but I doubt that putting an exclusion
> of the 7 day period in one's standard contract would work.   I expect
> that the agreement in writing has to be a clearly separate agreement to
> start the work before 7 days, probably made after the original contract
> was agreed, and it would probably help to make clear reference to the
> loss of cancellation rights consequent upon it.

There are example forms for the notification of the 7-day cooling-off
period, and for the exclusion/waiver, which you can find on, for example,
the Southampton and Perth & Kinross Council websites (the latter which I
quoted, in google doc translation, in my OP)


-- 
John Stumbles

Hypnotising Hypnotists Can Be Tricky
date: Mon, 02 Nov 2009 22:45:19 +0000   author:   John Stumbles

Re: The Cancellation of Contracts made in a Consumer's Home or Place of Work etc. Regulations 2008   
In news:7l95eaF3cn2nbU1@mid.individual.net,
John Stumbles opined:
> On Mon, 02 Nov 2009 22:20:11 +0000, Percy Picacity wrote:
>
>> I am not an expert, or a lawyer, but I doubt that putting an
>> exclusion of the 7 day period in one's standard contract would work.
>> I expect that the agreement in writing has to be a clearly separate
>> agreement to start the work before 7 days, probably made after the
>> original contract was agreed, and it would probably help to make
>> clear reference to the loss of cancellation rights consequent upon
>> it.
>
> There are example forms for the notification of the 7-day cooling-off
> period, and for the exclusion/waiver, which you can find on, for
> example, the Southampton and Perth & Kinross Council websites (the
> latter which I quoted, in google doc translation, in my OP)

I would expect traders - both honest plumbers and dodgy tarmac-layers - to 
incorporate request to start immediately in their standard quotation forms, 
and require a signature before doing the work. I don't see what elase the 
plumber can do.

Chris R
date: Fri, 06 Nov 2009 09:40:10 +0000   author:   Chris R

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