Missing the deadline for statutory cancellation period but inquiring about it before

Question

Bob has entered into an extended service contract. As is required by the law there must be allowed a 14 day cooling off period.

But how is this figured? In other words, what types of communication are deemed valid “service” of Bob’s exercise of his right to withdraw?

For example, in the simplest instance suppose that he emails customer services but they do not see his message or consider it until after the deadline is past.

To take another scenario to triangulate the limits of the same concept, suppose Bob calls the business and is then told that he is supposed to email a certain department which he perhaps doesn’t have time to do because he had budgeted 5 minutes for the phone call but the rest of his day is too busy to boot up his computer and send off the email and it is the last day he is entitled to exercise his right to cancellation.

Or suppose that he does email them and then they let him know that in fact it is a only a different department that is positioned to handle such requests but by the time they get back to him and he sees their response it is well past the 14 days deadline.

Finally suppose that he attempts to call them in the afternoon of the last day but is left waiting on hold until finally his next appointment comes up and he must hang up the phone so that the next time he might have time to contact the business about his unwinding, it will be past the 14 day time limit.

What is the position ofbob’s right to withdraw from the contract?

Answer 1

The Regulation deals with it

Exercise of the right to withdraw or cancel

32.—(1) To withdraw an offer to enter into a distance or off-premises contract, the consumer must inform the trader of the decision to withdraw it.

(2) To cancel a contract under regulation 29(1), the consumer must inform the trader of the decision to cancel it.

(3) To inform the trader under paragraph (2) the consumer may either—

(a)use a form following the model cancellation form in part B of Schedule 3, or

(b)make any other clear statement setting out the decision to cancel the contract.

(4) If the trader gives the consumer the option of filling in and submitting such a form or other statement on the trader’s website—

(a)the consumer need not use it, but

(b)if the consumer does, the trader must communicate to the consumer an acknowledgement of receipt of the cancellation on a durable medium without delay.

(5) Where the consumer informs the trader under paragraph (2) by sending a communication, the consumer is to be treated as having cancelled the contract in the cancellation period if the communication is sent before the end of the period.

(6) In case of dispute it is for the consumer to show that the contract was cancelled in the cancellation period in accordance with this regulation.

So, for your examples:

... he emails customer services but they do not see his message or consider it until after the deadline is past

Cancelled.

... Bob calls the business and is then told that he is supposed to email a certain department ...

If Bob can prove that he made a clear statement cancelling the contract, then cancelled.

... he does email them and then they let him know that in fact it is a only a different department that is positioned to handle such requests ...

Cancelled.

Finally suppose that he attempts to call them in the afternoon of the last day but is left waiting on hold until finally his next appointment comes up and he must hang up the phone so that the next time he might have time to contact the business about his unwinding, it will be past the 14 day time limit.

Not cancelled.