A wide range of goods and services are sold to people at their own home. This type of trading can be useful for many consumers. Many traders are honest and genuine. However, some are not and can be extremely persuasive. There is evidence of bad practices and consumer detriment in this selling practice.

The Doorstep Selling Regulations

The Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) Regulations 1987 which were amended in 1998 and are more commonly known as the "Doorstep Selling Regulations" apply to most doorstep transactions (but note in particular that they do not apply to transactions involving land, mortgages, insurance, consumer credit and most other financial services) The Regulations give consumers:

• The right to a seven day cooling off period, during which they may cancel an agreement to buy goods or services worth more than £35 from a trader whose visit is unsolicited (ie, not requested by the consumer).
• The same right to a seven day cooling off period where a visit by a trader follows an unsolicited doorstep or telephone approach.

Note that these protections do not apply if a consumer acts entirely on his or her own initiative to invite a trader to visit.

The Regulations also provide that:

• Traders who fail to inform consumers in writing of their right to a cooling off period will be committing a criminal offence.
• Door-to-door sellers must provide a notice setting out cancellation rights when any agreement is made. Failure to do so makes the agreement unenforceable. This is the case whether a deposit is paid or not.
• To exercise these cancellation rights, the consumer must write to the trader (or any person specified by the trader in the notice of cancellation rights). Such written cancellation will, if sent by post, take effect at the time of posting.

Note that if goods (eg, a fitted kitchen) are installed during the seven day cooling off period, the consumer may cancel the contract, but may still be liable to costs associated with the installation (eg, delivery and fitting). Any related credit arrangements will remain in force, but no interest will be payable on any money paid within one month of cancellation or before the first instalment is due.

Fraud offences

The new Fraud Act 2006 creates new offences as follows:

• Lying about something using any means, e.g. by stating a roof is in a dangerous condition and needs repair when it is perfectly fine (Fraud by false representation (S.2)
• Not saying something when you have a legal duty to do so, e.g. a cold calling home maintenance trader not providing a proper cancellation notice (Fraud by failing to Disclose (S.3)

All these offences are indictable.

The Consumer Protection from Unfair Trading Regulations 2008 (the CPRs) came into force on 26 May 2008 and implement the Unfair Commercial Practices Directive (UCPD). The aim of the UCPD is to harmonise consumer protection laws across the European Union to prevent business practices that are unfair to consumers, and all Member States are introducing equivalent legislation. The Regulations replace a lot of consumer protection legislation including Part III of the Consumer Protection Act 1987 (which dealt with misleading prices), the majority of the Trade Descriptions Act 1968, and the Control of Misleading Advertising Regulations 1988. Further guidance is available on the Trading Standards Central website. 

For example, a doorstep trader pressures a consumer to pay in cash for home repairs immediately. He insists on giving the consumer a lift to the bank to withdraw the money. This could amount to coercion or undue influence and breach the ‘CPRs’.

Further information is available at:

1. Your Doorstep, Your Decision (PDF 464KB) (Office of Fair Trading)
2. The Doorstep Selling Regulations (Consumer Direct)
3. Doorstoppers (Trading Standards Institute)
4. Doorstep Selling ( BERR ) (new rules from 1 October 2008) 

If anyone would like further information regarding any of the above issues, please contact Redbridge Contact Centre on tel:020 8708 5716, or email public.protection@redbridge.gov.uk.  For anyone wanting a Doorstep Calling Restricted Zone in their area, please contact either the Trading Standards Team on the above or call your local Safer Neighbourhood Team Officers. For more consumer advice please email or call Consumer Direct on 08454 040506.