Scammers who invade your home

More of us are being targeted by rogue traders trying to sell us stuff we don't need. Here, we reveal what your rights are...

For most of us, our home is a place of privacy. It’s a place where we can relax, spend time with our loved ones and, most importantly, feel safe.

So what would you think if you were feeling pretty vulnerable, and someone entered your home and started pressurising you into buying something you didn’t want or need? Suddenly, all those feelings of security are likely to turn into feelings of being trapped in your own home – and that’s something no one wants to experience.

Sadly, that’s exactly what’s happening to many elderly and vulnerable people. According to a recent BBC report, rogue traders are visiting people’s homes to try and sell them overpriced mobility aids. In one example, an 80-year-old was bullied into handing over £5,000 for a motor scooter, even though he already had one.

Many of these rogue traders pretend to be care professionals and use hard-sell tactics to convince people they need to buy their products which include mobility scooters, stair lifts and walk-in baths.

According to a YouGov survey last year, nearly three million people had fallen victim to a rogue doorstep trader. 84% of people said they had been approached by cold callers, with 70% approached by energy salesmen and 47% by those offering home repairs or improvements.

What's more, four of the big six UK energy suppliers are now being investigated due to concerns about mis-selling to customers. Npower, Scottish Power, Scottish and Southern Energy and EDF Energy will all be questioned about their method of doorstep selling and telephone sales of energy contracts after it was suggested they may have breached regulations.

So what are your rights when it comes to doorstep selling? And how can you stop scammers invading your home?

Are they reputable?

Before I go any further, it’s important to note that many traders who call at your home are honest and genuine. However, to ensure you don’t get caught out, always make sure you ask to see some personal identification and ask the trader to tell you who he/she represents. If the trader is reputable, he/she will willingly do this.

Reputable traders should also make it clear immediately if they are selling something. They should also provide you with written information about cooling off periods and cancellation rights (more on this later).

And finally, if the trader is reputable, you shouldn’t feel under any pressure to buy something and you shouldn’t be expected to make a decision there and then. What’s more, if you ask the trader to leave, he/she must do so.

What rights do I have?

If you buy something from your local high street shop or online, you probably know that you have various rights if something goes wrong with your purchase.

Thankfully, there are also regulations* that protect you when you buy goods or services from a trader on the doorstep or in the home (yours or someone else’s), at your place of work, or when you buy from a trader on an excursion they have arranged away from their business premises.

These regulations aim to protect anyone who may have entered into an agreement under pressure. Providing your purchase cost more than £35, under the regulations you have seven days to cancel the contract – known as the cooling off period. This applies whether or not you invited a trader into your home.

The trader must advise you in writing that you can cancel the contract within this seven day period. If he/she doesn’t do this, the trader can’t hold you to anything – even if a deposit has been made. This written notice should also provide a cancellation form.

If, once you’ve agreed to a purchase, you decide to cancel during this cooling off period, you can either fill in the cancellation form or write to or email the trader. You must do this within the seven day window – the cancellation is effective on the day you send your letter or email, not the day the trader receives it.

You should also keep proof of the cancellation - so if you are sending a letter, it’s a good idea to send it by recorded delivery and keep the delivery slip as well as a copy of your cancellation. If you’re emailing, keep a copy of the email.

As soon as the contract is cancelled, the trader should return any money you’ve paid, including your deposit. Any credit related agreement will also be cancelled.

Additional steps

If, however, the trader doesn’t respond to your letter or won’t let you cancel your contract, you can contact your local Trading Standards department (in England, Wales or Scotland) or the Department of Enterprise, Trade & Investment (in Northern Ireland) to take things further. They can force the trader to comply.

The exceptions

In some cases, you may decide to have work done or receive goods before the cooling off period comes to an end - if you do so, make sure you agree to this in writing.

However, be warned that if you then decide to cancel within the seven day window, there are certain types of contract which are not covered by the rules mentioned above. This includes all services and certain types of goods:

• Funeral goods or services
• Goods supplied due to an emergency – for example, replacing the locks on your home
• Goods that are personalised or made to a specification
• Goods that are perishable such as food
• Goods that have been incorporated into land
• Insurance contracts
• Investment contracts

In these situations, if you cancel the contract, you will have to pay for the work done so far, or for the goods you’ve received**.

Final tips

Consumer Direct has highlighted a few questions you should ask yourself when someone tries to sell you something on your doorstep:

• Has the caller identified him/herself and the company to your satisfaction? (Make a note of these details so you can check them out later.)
• Has the caller engaged your interest by questionable means (such as claiming to be conducting a survey or representing a charity)?
• Has the caller offered you a ‘once only’ price for agreeing to the transaction on the spot?
• Is the caller offering something you really want or need?
• Has the caller aroused any suspicions about themselves, their methods or their motives?

Remember, don’t let the trader pressurise you into anything. Take time to consider the offer and make sure you exactly how much it will cost you in total – and get this in writing. It’s well worth comparing prices elsewhere before you agree to anything and always check you know fully what your rights are before you sign anything.

If you have an opinion on this topic, why not start a discussion in our Scams and swindles group about it?

*The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008.

**This is only applies if you have given your agreement in writing.

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