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NSW Contract Cancellation - Cooling Off Period?

Discussion in 'Australian Consumer Law Forum' started by Chris89, 2 June 2015.

  1. Chris89

    Chris89 Member

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    Hi, I signed a contract about 3 weeks ago, they didnt disclose or mention a cooling off period. they have not attached it to the contract which states it is. they have only given me blank copies of the contract. They have finalised the contract but have come back and said the amount on the contract is incorrect, and have said I have to sign a new contract. Am I able to cancel it?
     
  2. Sophea

    Sophea Well-Known Member

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    Its difficult to say with any certainty exactly what your rights are without a better understanding of the facts and circumstances, however it would appear that yes you can refuse to resign the new contract, however if they wish to proceed on the basis of the first contract then you are still bound by the one that you signed. You do however have a right to obtain a copy of your signed contract - not blank copies.

    With regard to the cooling off period, different laws apply to different types of contracts, so you will need to specify what type of contract it is and the circumstances in which you signed it. ie. did a telemarketer or telephone sales person sign you up for something?
     
  3. Chris89

    Chris89 Member

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    A salesperson signed me up, and did not disclose the cooling off period at all to me. Its a contract for a membership and loan attached to it. As far as I know, they started direct debiting my account before the contract/loan was settled. That's why they have come back at me and are forcing me to sign the new contract. Thr manager I spoke to stated verbally the contract amount was incorrect. Is that first contract I signed null and void? It also stipulates in the loan agreement, that if the loan is settled. I can withdraw it, as long as I don't use the credit
     

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