Bank Notes

C - Cancellation

29/6/15

ALL PROPERTY CLAIMS LTD v ITC COMPLIANCE LTD [2015] EWHC 2198 (QB)

Where a claims management contract was one to which the Cancellation of Contracts made in a Consumer's Home or Place of Work etc. Regulations 2008 (SI 2008/1816) applied, failure of the claimant to give a cancellation notice to the defendant meant the claim failed even if the defendant had in fact known of his right to cancel.

9/9/14

ROBERTSON v SWIFT [2014] UKSC 50

The Court of Appeal had been right to hold that a contract for the removal of goods fell within the Cancellation of Contracts made in Consumer's Home or Place of Work etc Regs 2008 because it had been signed at the consumer's home. It did not matter where the earlier negotiations had taken place or that the trader had first visited the consumer at the consumer's request. But the trader’s failure to give the consumer notice of his right to cancel did not mean the consumer had no such right. The contract was cancellable and the consumer could recover the deposit.

15/1/13

ROBERTSON v SWIFT [2012] EWCA Civ 1794, [2013] Bus LR 479

A contract for the removal of goods fell within the Cancellation of Contracts made in Consumer's Home or Place of Work etc Regs 2008 because it had been signed at the consumer's home. It did not matter where the earlier negotiations had taken place or that the trader had first visited the consumer at the consumer's request. As the trader failed to give the consumer notice of his right to cancel, the contract was unenforceable, the trader had no right to charge the consumer a charge for cancelling it, but the contract was still alive and the consumer had no right to cancel it and recover the deposit.