main content Alarm Company fined for Cold Call

Alarms UK (Residential) Ltd, were fined £2000 with £1340 costs at Bromley Magistrates Court on Wednesday. The company was fined after cold calling two elderly consumers in Bromley in June 2005. The company pleaded guilty because they had failed to provide the statutory notice detailing the cooling off period to the consumers which they were entitled to.

“We received a call from one consumer asking whether she had rights to cancel and during the conversation she expressed concerns for a neighbour who had also been contacted by the company and was having the alarm system installed that day. We visited the consumer immediately and prevented the balance of £1300 being paid although she had paid a £500 deposit. This has since been refunded” said Rob Vale, Head of Trading Standards.

Rob added, “Consumers are entitled to a cooling off period when they have entered a contract following a cold call. We are particularly concerned when elderly consumers have not been told their rights and that is why we decided to prosecute in this matter.”

Traders are legally obliged to give a copy of the consumer’s cancellation rights when they sold something as result of a ‘unsolicited’ contact with a customer. This applies equally if contact is made in person or by telephone and applies to goods or services costing over £35. If consumers contact a trader, cancellation rights do not apply.

Consumers are advised by the Council’s Trading Standards team not to: 

• Let a caller into your home if you are at all suspicious.
• Let a seller push you into making a snap decision. 
• Agree to have work done on your home without getting a second opinion. 
• Listen to scare stories as these are often ‘sales tactics'.

Consumers can go online at www.consumerdirect.gov.uk  or call 08454 04 05 06 for consumer advice. Consumer Direct will contact the Council’s Trading Standards team as and when appropriate.

ENDS

Notes to editors: The Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) regulations state:

4A. - (1) A trader is guilty of an offence if he enters into a contract to which these Regulations apply (other than an agreement referred to in regulation 4(2) above) with a consumer but fails (or, in the case mentioned in regulation 3(1)(c) above, has failed) to deliver to the consumer the notice in writing referred to in regulation 4(1) above in accordance with paragraph (2) below.
(2) A notice is delivered in accordance with this paragraph if it:

•  contains what is required by regulation 4(1) above; 
• complies with the requirements of regulation 4(3) above 
• is dated and delivered to the consumer at the time specified in regulation 4(4) above. 
  
• For media enquiries, please contact Susie Clark, Communications Officer, on 020-8461-7911 or Rob Vale, Head of Trading Standards on 020-8313-4785.