Your Rights When Dealing With Door to Door Salesmen

How to get your money back if you’ve been swindled

By S Hunt, 2nd June 2010

Door-to-door salesmen can be a real pest - they are brazen creatures who are difficult to shake off once you have opened your door to them. They can talk at a hundred miles an hour and make it impossible for you to get a word in edgeways, making it difficult to simply interject to say that you're not interested. Sometimes they refuse to take no for an answer and the result is that thousands of people are pressurised into buying useless goods that they don't need.

There are measures that can be taken to deter them, such as stickers or notes, but you can't always expect these to be adhered to. No Cold Calling Zones can be established whereby the council assists residents in making a collective effort to deter the parasites. However, these do still not make door to door selling illegal.

Of course, your house is your property and there's no obligation to even talk to the person, let alone let them into your home. In theory a polite rebuttal and shutting of the door should do the trick, but this is easier said than done and door-to-door salesmen employ an arsenal of tricks to try to stop you from doing so.

Often you get so fed up with them that you feel forced into taking the decision to buy their products just to get rid of them. Try to remember that at all times you can just slam the door shut in their face, and avoid letting them into your home at all costs as it will be very difficult to persuade them to leave once they are in.

Indeed, sound advice is to refuse their product at the earliest possible juncture, as once they gain a foothold things can get sticky as they begin to bring out their heavy psychological artillery. Furthermore, the chance of them selling anything you actually need is minimal, and there is a rise in burglars posing as salesman to worm their way into your house, so you are safest sending them on their way as soon as you can.

It is a good idea to make yourself au fait with the laws regarding door-to-door salesmen so that you can act accordingly if you end up encumbered with unwanted products.

The same law applies to pedlars who accost you on the street or in busy town squares as the law is the same for traders doing business anywhere outside of their premises. These people can make you feel as if you are being ill-mannered by ignoring them, when in fact it is they who are guilty of the discourtesy of harassing you.

Read on to find out more.

Getting back your money

Many of us do end up snared by the devious tactics of door to door salesmen and usually we will realise the inutility of the product we have just purchased as soon as the salesman has left the house with our money.  Thankfully it is relatively straightforward to get your money back thanks to doorstep selling regulations.

Anybody attempting to sell goods to you at your home is compelled by law to inform you of your cancellation rights, which are usually included in a contract but can also be given to you in writing by the seller. Failure to give you your cancellation rights is an infringement of the law and you should report this illegal practice to the Trading Standards Office.

What these cancellation rights entitle you to is a 7-day cooling off period. This gives you the right to cancel the product within 7 days of purchase, after which the trader must refund any money you have paid, including deposits.

The seller may have provided you with a cancellation form at the time of purchase - if so just fill this in and make sure it gets to the seller, whether by taking it directly or posting (by either traditional snail mail or email). Whatever option you choose, make sure you send it within 7 days of the transaction.

It is very important when doing this to take the necessary precautions, as naturally these aren't always the most reputable of tradesmen and may do all in their power to avoid giving you back your money. With that in mind, make sure you have some proof of the cancellation - if sending your cancellation by post, use recorded delivery and retain the delivery slip. Also keep a copy of your letter. If you choose to email then it is relatively easy to simply save a copy of it in your email account.

If it transpires that the seller does not cooperate or rejects your cancellation then they are in breach of the regulations and you should report them to the local authorities, who will take the necessary action against them.

Note however that these doorstep selling regulations will only help you if you paid £35 or more. Certain classes of product are also unfortunately not protected. These are land, perishables like food and drink, insurance, and credit or investment agreements.

Sales of Goods Act

Door to door sales are also bound by the Sales of Goods Act. This means that all goods sold must match their description and also be of satisfactory quality. These are the statutory rights of the buyer which, if broken, entitle the buyer to a refund, replacement or repair, depending on the promptness with which the faults are reported.

If the complaint is lodged fairly quickly then there is every chance of a refund, but if not, you will in all likelihood have to settle for a replacement or repair.

Alternatively, if you buy a service from a door to door seller then the law dictates that it must be carried out with reasonable care and skill, finished in a reasonable time (the definition of reasonable will depend on the nature of the work carried out) and provided at a reasonable cost. If the work has not yet begun and one of these conditions has been violated you should be entitled to get back anything you have paid.

If the work has already begun but you deem it to have not been done with reasonable care and skill, you are expected to approach the trader first to resolve the problem, but claiming for compensation may be possible if they refuse to comply.

Claims Financial