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Cancellation rights from 13 June 2014—checklist No. Requirement Compliant 1 Does your new client/matter process identify clients who have cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013? See Practice Note: Different types of cancellation rights—law firmsDecision tree: does my client have cancellation rights (from 14.06.2014) 2 If yes, does that process identify whether the cancellation rights arise out of an off-premises contract or a distance contract? 3 Before the client is bound by the contract, do you give them:—the information required by Schedule 2 of the Regs—this information is covered in our Client care letter 2019—law firms and Terms of business—law firms—notice of cancellation rights—see Instructions for cancellation—Cancellation form?For off-premises contracts, you must give the information on paper or, if the client agrees, a durable medium, eg email.For distance contracts, there is no requirement for paper or even a durable medium—you can simply give or make the information available to the client, but if you do use email or...
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Consumer cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013—Goods—Flowchart This Flowchart sets out the consumer cancellation rights that must be made available to consumers entering on-premises contracts, off-premises contracts and distance contracts for the sale of goods. It should be used where a practitioner wants to check the available cancellation rights for consumers purchasing goods in compliance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013). Further rights available for the return of faulty or damaged goods under the Consumer Rights Act 2015 are beyond the scope of this Flowchart. Note 1—a consumer is an individual acting for purposes which are wholly or mainly outside of their trade, business, craft, or profession. Note 2—there are certain sector contracts that are subject to their own regulation, such as financial services contracts, rental contracts, and package travel contracts, which are excluded in their entirety from the CCR 2013. For more information, see Practice Note: Distance, doorstep...
Consumer cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013—Services—Flowchart This Flowchart sets out the consumer cancellation rights that must be made available to consumers entering on-premises contracts, off-premises contracts and distance contracts for the supply of services. It should be used where a practitioner wants to check the available cancellation rights for consumers purchasing services in compliance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013). Note 1—a consumer is an individual acting for purposes which are wholly or mainly outside of their trade, business, craft, or profession. Note 2—there are certain sector contracts that are subject to their own regulation, such as financial services contracts, rental contracts, and package travel contracts, which are excluded in their entirety from the CCR 2013. For more information, see Practice Note: Distance, doorstep and on-premises sales—Excluded contracts. Note 3—‘Off-premises’ includes the following: • a contract concluded in the simultaneous physical presence of...
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The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and their impact on costs and funding This Practice Note highlights key issues for solicitors arising out of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR 2013), SI 2013/3134 in relation to costs and funding. The Practice Note is intended to highlight the key issues for solicitors arising out of the regulations in relation to costs and funding. It is not intended to review these regulations more generally. It covers three different types of contract being distance, off-premises and on-premises along with issues to be considered. Prior to CCR 2013 coming into force the following regulations applied—Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008 (Cancellation Regulations 2008), SI 2008/1816 and the Consumer Protections (Distance Selling) Regulations 2000, SI 2000/2334. It should be noted that following the UK's departure from the EU, CCR 2013, SI 2013/3134 continue to apply, but the following minor amendments are made to the...
Cancellation and withdrawal provisions for consumer credit and hire agreements This Practice Note considers the various cancellation and withdrawal rights that are available in relation to credit agreements and consumer hire agreements that are regulated by the Consumer Credit Act 1974 (CCA 1974). In both cases, it is assumed such agreements are not secured on land, or used to help buy land. This Practice Note should be read in conjunction with Practice Note: Right of withdrawal from a credit agreement. Three categories of agreements This Practice Note concerns three broad categories of agreements: • a regulated credit agreement where the amount of credit does not exceed £60,260 (a figure introduced as a result of the UK’s implementation of the Consumer Credit Directive (Directive 2008/48/EC) (CCD) in 2011) • a regulated credit agreement where the amount of credit exceeds £60,260, and • a regulated consumer hire agreement The various cancellation or withdrawal rights For the purposes of this Practice Note, an agreement falling into any of the three...
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Post contract letter to client—distance contract [We acknowledge receipt of your request to start work during the cancellation period. We now [enclose OR attach] confirmation of the contract as follows: OR The cancellation period has now passed and we are therefore able to start work on your matter. We [enclose OR attach ] confirmation of the contract as follows:] [specify what documents constitute the contract, which could be a combination of one or more of the following: client care letter / Terms
Model instructions for cancellation and model cancellation form—business-to-consumer Model instructions for cancellation 1 Right to cancel 1.1 You have the right to cancel this contract within 14 days without giving any reason. 1.2 The cancellation period will expire after 14 days from the day [of the conclusion of the contract OR on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods OR on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good OR on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece OR on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good]. 1.3 To exercise the right to cancel, you must inform us [insert trader’s name, geographical address and, where available, telephone...
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Do the cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 apply where a consumer orders a bespoke product using distance communication (ie a distance contract)? The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR 2013), SI 2013/3134, regs 27–38 (Part 3) sets out the consumer’s right to cancel doorstep and distance contracts. Certain exclusions apply. For example, the cancellation rights do not apply to contracts to the extent they are excluded under CCR 2013, SI 2013/3134, reg 28, which includes contracts for bespoke and personalised goods. If the cancellation rights do not apply because the contract falls within the list of contracts excluded from the cancellation rights set out in CCR 2013, SI 2013/3134, reg 28, the trader
Should information about cancellation rights be given in the client care letter or terms of business—law firms? We are not aware of any best practice recommendations to have a separate Terms of Business (TOB) for consumer and commercial clients. The cancellation rights element of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR 2013), SI 2013/3134, apply if you enter into an off-premises (What is an off-premises contract?) or distance (What is a distance contract?) contract with a consumer client (Which clients do the regulations apply to?). See Practice Note: Different types of cancellation rights—law firms. At the heart of CCR 2013 is the duty to give the client: • notice of their right to cancel (Instructions for cancellation), and • a prescribed cancellation form These are separate documents, which can be found in CCR 2013, SI 2013/3134, Sch 3—see Precedents: Instructions for cancellation—non-digital content or Instructions for cancellation—digital content and Cancellation form. CCR 2013 simply require you to convey the information in the following way: Off-premises contract...
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Financial Services analysis: Rachpal K Thind, partner, John M Casanova, partner, Max Savoie, partner, Martin Dowdall, senior managing associate, and Paida Manhambara, associate at Sidley Austin LLP reflect on the UK government’s consultation on the proposed draft legislation that will bring BNPL into FCA regulation.
This week’s edition of Commercial weekly highlights includes: a look at the Spring Statement 2022, analysis of the decision in MUR v RTI considering whether reasonable endeavours require the acceptance of non-contractual currency, analysis of the decision in CCI v CPA (Saudi Arabia) on when a cause of action for breach of contract arises, analysis of the Court of Justice decision in ‘Tiketa’ Uab v M Š,‘Baltic Music’ Všl on intermediary traders and their obligations under the EU Consumer Rights Directive, and an insight into the government’s Online Advertising Program consultation.
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