Danger of relying on Consumer Contracts Act Extended cooling off period

[benawhile]

I recently lost a case to a builder after being advised by the CAB consumer Helpline that the cooling off period had been extended due to the builder not giving required information at the time of entering contract, and so I was entitled to cancel at any time. In court the judge explained that I had had adequate “thinking time” before entering contract and the CCA 2014 cooling off extension didn’t apply.

The CAB advice was based on the letter of the law, but I was never made clear exactly what method of informing the customer is acceptable and what isn’t, and the result of the case seems to bear this out. I have complained to the CAB but they simply state that their advice was correct.

It seems this law is rather dangerous. Is there a mechanism for improving it?

[R0b]

It seems this law is rather dangerous. Is there a mechanism for improving it?

Lobby the Government to change it but I don't think you will get far, the law is pretty clear to be honest. I think what you have to take into account is that the County Court can be a lottery sometimes and the judges tend to get away with a little too much sometimes than what you might expect from the superior courts. However, they still have obligations and are duty bound to give sufficient reasons why they have come to their decision. Simply saying, for example you have had adequate thinking time would not be sufficient as the judge would need to explain why the regulations don't apply - as a side note, I think you are referring to the CCRs 2014: The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

You also have to appreciate that although judges will have an area of expertise, they are not an expert on all areas of law so you have to treat them like they know absolutely nothing and walk them through it.

That being said, if you are still within time you may be able to appeal the decision if its within 21 days from the date of the judgment if there are grounds that the judge had made an error in the law. You can apply for permission to appeal outside this time but you will need to explain why you didn't make it within the required period.

As far as the CCRs go, the general starting point is that different requirements apply depending on whether the contract was concluded on premises, off premises or distance. For services contracts, cancellation is 14 days from the date the contract entered into but if the trader has failed to give the appropriate information then it can be extended for up to 12 months (not at any time as perhaps CAB have suggested).

I should point out there are some exceptions to complying with the CCRs and based on your initial post the only one that may apply is construction of new buildings or "substantially" new buildings. What I mean by that is, new build constructions, conversion related work like a flat conversion. Works such as extensions, conservatories, garages etc. are not excluded.

This is just a very high level overview of the CCRs but if you're not happy with a decision of the court, the correct process is to appeal.

[Manxman]

I recently lost a case to a builder after being advised by the CAB consumer Helpline that the cooling off period had been extended due to the builder not giving required information at the time of entering contract, and so I was entitled to cancel at any time. In court the judge explained that ...

As suggested by rob , failure to provide the required information regarding your right to cancel only extends the cancellation period either by 12 months or until 14 days after the trader actually does supply the information. Failure to supply the information would not allow you "to cancel at any time" after 12 months.

The law is outlined in s31 here: The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk) and in paragraph (l) of schedule 2 of the same regulations.

[Manxman]

...I should point out there are some exceptions to complying with the CCRs and based on your initial post the only one that may apply is construction of new buildings or "substantially" new buildings. What I mean by that is, new build constructions, conversion related work like a flat conversion. Works such as extensions, conservatories, garages etc. are not excluded....

rob - out of interest, is that exception contained in the regulations or does it come from elsewhere?

[R0b]

rob - out of interest, is that exception contained in the regulations or does it come from elsewhere?

Regulation 6(1)(e) of the CCRs (limits of application).

[Manxman]

Regulation 6(1)(e) of the CCRs (limits of application).

Thanks. I was thinking only of s28