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LEGAL STUFF

Does Your Bank Subscribe to the Banking Code?

Not all financial institutions do. You can bank with additional confidence if you bank with an institution who does. Find out more at www.bankingcode.org.uk . The Banking Code is updated regularly, most recently in March 2005. Copies of the Banking Code may be obtained from www.bba.org.uk. Among other things the Banking Code sets minimum standards of good service you can expect.

 

Facts about Doorstep Selling

Doorstep selling is when someone sells goods or services into your home over your doorstep. It can be a convenienet way to buy but you can be pressured into buying something you might not want or something that is not good value for money. If this happens you are not always protected by the law.

If you do decide to buy get the facts you've agreed with the sales person in writing, ideally on the contract. If you subsequently change your mind about the purchase the legal protection you have depends on whether the visit was 'solicited' or 'unsolicited'. You solicit a call if you respond to an advertisement or ask the seller to call to see you.

If the visit was solicited and you asked the sales person to come you DO NOT have the right to cancel the contract. It is very important therefore that you do not sign anything until you are certain the product or service is what you want and that the price is right for you.

If however the visit was unsolicited and you were cold called (someone who called in person, or they phoned you to make an appointment without you asking them to) you have seven days to change your mind - what is known as the cooling off period. It is possible you might have longer if the sales person did not mention your cancellation rights. In these circumstances you can cancel any contract you have signed above the value of thirty five pounds.

Unless you specifically need the work done urgently never agree for goods to be installed during the cooling off period as you may lose your right to cancel the contract. If you do change your mind, ACT FAST. Cancel your order in writing and obtain proof of cancellation - keep a copy of all emails, fax receipts and recorded delivery slips. If you need more detailed advice your local Citizens Advice Bureau may be able to help you. 

Don't sign anything on the spot. Check with other companies first. Don't be hurried into making a decision even if they are offering a discount, or "this offer must end on Saturday" patter which is very usual.

When doorstep sales people come to your house ask yourself, were you expecting them? If not, be particularly cautious. If you are interested in what they are selling,  you could ask them to call back at another time, perhaps when you have someone else with you. Always ask for an identity card and check it carefully. The important thing is to be sure they are who they say they are. You can check their identity by ringing their company using a number from the telephone book. Don't use a number they supply you with. Be especially wary if more than one person comes to your home. It is very easy to be distracted by one person when the other might be up to all sorts. 

Facts About Bailiffs

For people with council tax or rent arrears the greatest fear is often that bailiffs will be sent round to seize the contents of their homes. Bailiffs have considerable powers and their reputation has not been improved by evidence that some threaten, intimidate and lie their way into people's homes. They have been known to gain entry by asking to use the toilet, or asking a child to let them in. So what are the householders rights when bailiffs turn up on the doorstep?

They can call round at any time but they should arrive at a reasonable hour. First thing in the morning is often their favourite. You DO NOT have to let bailiffs into your home, but you MUST NOT assault the bailiff to prevent entry. If you do the bailiff can arrest you. Bailiffs have a right to enter your home, but only if they do so peacefully. This means they cannot force their way in by breaking a window or door, by pushing past you once you have opened the door, by knocking down fences or gates, or by opening a window which is not already partially open.

But they do have a right to climb through an open window, open a window or door that is already partially open, or open a door that is closed but not locked. They even have the right to reach through an open window to open a lock or climb over a wall or fence from a neighbouring property to gain entry. Bailiffs do have powers to use force under certain cirmcumstances.

They are allowed to break down inner doors that are locked if they first get through an outer door without breaking and entering. Once inside they can break into locked cupboards and wardrobes. They can also break into outbuildings such as garden sheds or detached garages. Once you have let bailiffs in, they have the right to force their way into other parts of the home - even if they told you on the doorstep that they only wanted to discuss the situation.

Having gained access peacefully they can come back later and use force if necessary to get back in. They can also force their way in and remove goods if the householder has signed an agreement in their presence known as  "walking possession" - even if they have not entered your home by peaceful means at an earlier date.

If you have council tax or rent arears and are concerned about bailiffs visisting your home contact the Citizen's Advice Bureau without delay. www.adviceguide.org.uk

 

USEFUL ORGANISATIONS

The Telephone Preference Service

If you are being pestered by telephone sales people there is an easy remedy. The Telephone Preference Service is a free service that ensures your telephone number is not available to organisations who telephone you with offers and infotmation you do not want. This stops unsolicited telephone calls which can in turn lead to an unwanted visit.

You can register with the Telephone Preference Service by calling 020 7291 3320 or go online at www.tpsonline.org.uk/tps

Energywatch

Energywatch van provide you with advice on  a range of energy issues, such as saving money by switching suppliers. Tel 0845 906 0708 or www.energywatch.org.uk

Trading Standards

The Trading Standards office provides a wealth of information for consumers. You can find your local  trading standards office in your telephone book or go online and type in your postcode to obtain the details at  www.tradingstandards.gov.uk

Citizens Advice Bureau

The CAB gives free confidential and impartial advice on all your consumer rights. Details of your nearest bureau can be found at www.adviceguide.org.uk

Inland Revenue:

Don't forget when you start any new business you are responsible for telling the Inland Revenue. You can contact them regarding any tax matter on www.inlandrevenue.gov.uk

Legal Advice:

If you need legal help contact a member of the Community Legal Service. Contact details can be found on www.justask.org.uk

Financial Services Authority:

The Financial Services Authority is an independent body set up by the government to regulate financial services. If something goes wrong with a finacial contract contact www.fsa.gov.uk

 

 

 

 





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