No Cold Calling Options

[Simon Kirby]

Cold callers in Wash Common to be prosecuted? How's that then? Knocking on someone's doot is illegal now? Even in Wash Common that seems a tad reactionary.

[Guest_xjay1337_*]

From the article:

These traders can become very aggressive in trying to sell their products and services.

This is very true.

Many people have a sticker or a sign saying that they do not buy and sell at the door yet cold callers still come a'knockin'. Which in itself is illegal. People are often pressured and we all, from young kids to the elderly, via the middle ages, all come acropper from time to time, when we would buckle under the pressure. We al would want to slam a door in their face but most of us, while we want to, find it hard to be mean to people.

Having done one day (3 years ago) of door to door sales (it was work experience) I can say some of the techniques performed are utterly immoral. I even asked "why are you knocking on this door, it says no cold callers" and was told that they ignore them and "most people don't even know they have them".

It's not helped because most door to door sellers are only paid on commission so if they don't sell, they don't get money. It's a very unregulated industry which is why drastic steps need to be taken.

[Jayjay]

Cold callers in Wash Common to be prosecuted? How's that then? Knocking on someone's doot is illegal now? Even in Wash Common that seems a tad reactionary.

It is only three roads, not the whole of Wash Common. These measures have been put in place to protect the many vulnerable people who live there. I wouldn't worry too much Simon, unless you live in one of these three roads, the gas providers, electric companies, duster salesmen, tarmac layers and not forgetting the Jehovah's Witnesses will still knock on your door.

[Nothing Much]

Sorry Simon Kirby, I am not keen on doorstep folks. I don't live in Newbury, but a few years ago after a nice lunch.
Furious rap on the door. We were both taking the afternoon gently. Mrs was offered a various bag of Kango hammers,
When I awoke and appeared the bag was zipped and he was off. It's a game.

[Simon Kirby]

My specific concern was the implication that it is illegal for cold callers to call. How so? What Act makes it illegal?

I don't particularly like cold callers and I've found some of them to be a little less than happy to be told no-thanks, and I can imagine that people would feel quite intimidated by that, but I'm uncomfortable with the idea that a zone could be declared to include my house without my consent which would criminalize the act of walking up to my door.

[Guest_xjay1337_*]

Simon, it's not a criminal act to walk up to your door. It's only when they knock on your door and go "Oh, hi, good afternoon, I was wondering if I could talk to you about energy bills."

Well, now, they can't.

[Simon Kirby]

Simon, it's not a criminal act to walk up to your door. It's only when they knock on your door and go "Oh, hi, good afternoon, I was wondering if I could talk to you about energy bills."

Well, now, they can't.

Not that I don't believe you Jamie, but can you cite the relevant Act for me?

[Nothing Much]

It is not helping, but do some of the Vagrancy Laws cover the casual tinkering type thing.

[Neil]

can you cite the relevant Act for me?

I'm not aware of one. Knocking on someone's door to sell something - irritating though I personally find it - is not a crime in itself.

There's an argument that, if the sign is visible from the road, then the act of approaching the house knowing that the owner does not wish to be cold called would amount to trespass, but that's a tort rather than a crime.

Cold calling is regulated, in the sense that there's a requirement to provide a notice indicating the cooling off period - precisely because of the pressure of the situation - but, again, breach does not amount to a criminal offence.

[Dodgys smarter b...]

Simon, it's not a criminal act to walk up to your door. It's only when they knock on your door and go "Oh, hi, good afternoon, I was wondering if I could talk to you about energy bills."

That's now a criminal offence how? What section of what Act applies?

[JeffG]

At least in this country they are not likely to be shot I wonder if cold calling happens in the US?

[Simon Kirby]

I'm not aware of one. Knocking on someone's door to sell something - irritating though I personally find it - is not a crime in itself.

There's an argument that, if the sign is visible from the road, then the act of approaching the house knowing that the owner does not wish to be cold called would amount to trespass, but that's a tort rather than a crime.

Cold calling is regulated, in the sense that there's a requirement to provide a notice indicating the cooling off period - precisely because of the pressure of the situation - but, again, breach does not amount to a criminal offence.

Thanks Neil. Yes, I figured the same about trespass too.

I found this from here:

Legal Position
There is no law preventing cold calling. However if a contract for goods or services arises from such an uninvited visit and is for more than £35 then the trader is generally obliged to give the householder a cancellation notice, allowing a 7-day cooling off period. If the trader fails to do so he commits a criminal offence for which Trading Standards may be able to take enforcement action (including prosecution).

So there appears to be some legislation requiring a cooling-off period - is that the Distance Selling Regulation or something like that? - but as far as I can tell a "No Cold Calling Zone" has no teeth, it's simply advertising the residents' collective request not to be bothered by door-to-door salepeople.

But that's not what the NWN article says:

AN AREA of Newbury is to become the first 'no cold calling' zone under a new scheme devised by Thames Valley Police, West Berkshire Trading Standards and the local neighbourhood watch group. The zone will be enforced from today (Friday) following a local campaign to stop cold callers from knocking on the doors, in a bid to put an end to aggressive traders preying on vulnerable homeowners. Signs are being put up in Glendale Avenue, Cheviot Close and Holbourne Close in Wash Common today warning doorstep traders they are not welcome. Resident will also be provided with stickers warning traders that they will be prosecuted if they cold call.

But you can't enforce what is unenforceable, and there can't be a prosecution if the caller has done nothing wrong.

The difficulty I see now is that aggressive door-to-door salespeople will know the score, but the vulnerable old biddies that they call on won't, and I'm not sure that completely helpful.

[Guest_xjay1337_*]

That's now a criminal offence how? What section of what Act applies?

Not that I don't believe you Jamie, but can you cite the relevant Act for me?

Well, I'm can't, I was just basing it on the link you provided, the "no cold calling zone". Now if I have mis-interpreted the information then, I apologise for my mistake and any following confusion

I think they are setting it as a "no cold calling area", like a no parking spot. There are areas where you can do it and they've chosen this area as one that you can't, I guess? It's like dogging, they'll do it anyway and just hope they're not caught. Although I think knocking on a pensioners door is probably more socially acceptable.

Many do offer cancellation periods but it's very hard to actually be able to cancel once tied in. Many are 7-14 days and presuming it's a day or two after, worst case scenario is you've only got 5 days to sent a letter, taking into account the weekend and the fact the company can quite easily say "nope, never got that....."

It's all over Watchdog, the cold calling and these cooling off periods. Not that I take watchdogs word as fact but it's a good programme to watch, especially after last weeks cat-fight between Annie and that random woman from the company I can't remember who goes "No, actually, you shut up, I am speaking." I actually choked on my lemsip and the words "Ohhhhhhhhhhh!!!!" could be heard from outside my room. Quality entertainment.

[Bartholomew]

That's now a criminal offence how? What section of what Act applies?

Cold calling isn't illegal. However, selling door to door without a peddlars licence is. Each person selling door to door should have a licence issued by the police. It is illegal to sell door to door without this licence.

[Neil]

So there appears to be some legislation requiring a cooling-off period - is that the Distance Selling Regulation or something like that?

From memory, it's the trips-off-the-tongue Cancellation of Contracts Made In A Consumer’s Home or Place of Work Regulations 2008.

[Nothing Much]

Thanks Bartholomew for the details of the Peddlars.
In the 1960s my mother had a regular caller selling brooms,dusters and such.
It seemed that he was a war veteran. She had lost a brother over Emden.
So she bought brooms.They were good brooms. I was a child.
I hope looking back the caller at the door managed his life.

[dannyboy]

a new scheme devised by Thames Valley Police, West Berkshire Trading Standards and the local neighbourhood watch group. The zone will be enforced from today (Friday)

I'm sure these three bodies know a little bit more about what is legal & what isn't than a bunch of posters on a local forum, and are doing something that is enforcable by law.

[Andy Capp]

a new scheme devised by Thames Valley Police, West Berkshire Trading Standards and the local neighbourhood watch group. The zone will be enforced from today (Friday)

I'm sure these three bodies know a little bit more about what is legal & what isn't than a bunch of posters on a local forum, and are doing something that is enforcable by law.

Being members of these groups is not guarantee they do know the law.

[dannyboy]

Being members of these groups is not guarantee they do know the law.

Yawn.


Yeah. the police are going to waste time on an initiative that is en-enforceable by law.......

.......they are the law........

[Strafin]

Those are three groups of people that I would assume to know less about the law than anyone else. There could be a point in there about peddling goods but otherwise the whole thing sounds like nonsense. Ah the postman's here anyway - I'm off to have him arrested!