Every so often there are threads started by people who have been to some investment property seminar or the other, signed up for something and then wanted to reconsider.
If you go to a seminar, purchase something and then change your mind, then (depending on the circumstances):
1. Any agreement you entered into may be unenforceable by the other party (meaning you won't have to continue to pay any ongoing fees); OR
2. You may have a right to cancel any agreement you entered into (meaning you get back any money you have paid); OR
3. Both.
This is under the Door to Door Sales Act 1967. There are two requirements that must be fulfilled:
1. The seminar must NOT have been held at the place the other party usually carries on their business and also not at any bank, solicitor's office or chartered accountant's office.
2. The first inquiry specifically relating to whatever you purchased must have been made by the other party not you (and advertising does not count as an inquiry). For example, say someone advertises a seminar in which you will be taught various techniques (for a fee) and you choose to attend that seminar. If you are unhappy with what was taught, the Door to Door Sales Act does not help you because you made the first inquiry in relation to those services. However, if while you are at the seminar the other party successfully gets you to purchase some additional services not referred to in the advertising (ie. an "upsell"), then the Door to Door Sales Act may help you if the other party made the first inquiry specifically relating to those services, not you.
If those requirements are fulfilled, then your rights are as follows:
1. You have a right to cancel the agreement within 7 days. If you do so you get any money you have already paid back. It is easy to give that notice because the other party has to give you a form to send back to do so (if they don't, see below).
2. If the other party has NOT have complied with section 6 of the Door to Door Sales Act (including giving you the cancellation form), the agreement is unenforceable (so you don't have to make any ongoing payments). I have put the link there, but the main requirement is that the following statement be included on the same page as you sign the agreement:
3. If the other party has NOT complied with section 6 as described above, then your right of cancellation runs for 1 month rather than 7 days.
Hopefully this is helpful for someone out there. If you are in this situation then you should definitely take legal advice including whether you are covered by the Door to Door Sales Act or not. If you want some free advice initially you could try your local Community Law centre.
If you go to a seminar, purchase something and then change your mind, then (depending on the circumstances):
1. Any agreement you entered into may be unenforceable by the other party (meaning you won't have to continue to pay any ongoing fees); OR
2. You may have a right to cancel any agreement you entered into (meaning you get back any money you have paid); OR
3. Both.
This is under the Door to Door Sales Act 1967. There are two requirements that must be fulfilled:
1. The seminar must NOT have been held at the place the other party usually carries on their business and also not at any bank, solicitor's office or chartered accountant's office.
2. The first inquiry specifically relating to whatever you purchased must have been made by the other party not you (and advertising does not count as an inquiry). For example, say someone advertises a seminar in which you will be taught various techniques (for a fee) and you choose to attend that seminar. If you are unhappy with what was taught, the Door to Door Sales Act does not help you because you made the first inquiry in relation to those services. However, if while you are at the seminar the other party successfully gets you to purchase some additional services not referred to in the advertising (ie. an "upsell"), then the Door to Door Sales Act may help you if the other party made the first inquiry specifically relating to those services, not you.
If those requirements are fulfilled, then your rights are as follows:
1. You have a right to cancel the agreement within 7 days. If you do so you get any money you have already paid back. It is easy to give that notice because the other party has to give you a form to send back to do so (if they don't, see below).
2. If the other party has NOT have complied with section 6 of the Door to Door Sales Act (including giving you the cancellation form), the agreement is unenforceable (so you don't have to make any ongoing payments). I have put the link there, but the main requirement is that the following statement be included on the same page as you sign the agreement:
Originally posted by Door to Door Sales Act 1967, Schedule 1
Hopefully this is helpful for someone out there. If you are in this situation then you should definitely take legal advice including whether you are covered by the Door to Door Sales Act or not. If you want some free advice initially you could try your local Community Law centre.
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