Have I lost my right to cancel

Dorza

Hi,

I have a TV contract with Sky which came to the end of its 12 month contract back in July. The price after the initial 12 months then doubled in price as expected.

I phoned 2 days ago to to cancel the contract and was taken through the usual "let me get a better deal for you" routine. Now to be fair I decided to take out a new 12 month contract that is close in price to the initial 12 month contract. It's a decent price to be fair but on reflection I would still like to come out of it.

Everything is the same hardware/content wise I've just taken out a new contract which started on the day I phoned them. What I'd like to know is under the Consumer Contract Regulations have I lost my cooling off period if I change my mind. I wasn't made aware that I wouldn't have a chance to cancel or change my mind. Ive read the CCR but I'm not sure if I still have a right to cancel or not.

I phoned Sky to see if I could now cancel and they said because they haven't supplied anything new and the contract has started (I haven't been billed yet) then I've lost any right to cancel the contract. Is this true? I know its totally my fault if I can't. I just want to know what my rights are.

Thanks

[Deleted User]

Dorza wrote: »

. I wasn't made aware that I wouldn't have a chance to cancel or change my mind.

You've agreed to a new minimum term of an existing rolling contract. There is no "cooling off period" and there is no obligation on their part to tell you this.

You phoned to cancel and were persuaded otherwise by a new deal, I don't see you've been treated unfairly in any way.

LazyTyper

I would say you are actually entering into a new contract which replaces your existing, as you are agreeing to a new price.

Check the T&Cs at http://www.sky.com/shop/terms-conditions/broadband/

Also check with Citizen's Advice.

Have you received any email confirming your new contract? That should also state the cooling off period, if any.

teddysmum

I agree with post #2.

[Deleted User]

LazyTyper wrote: »

I would say you are actually entering into a new contract which replaces your existing, as you are agreeing to a new price.

It's the same contract with a new minimum term. Price reductions (or increases) do not start a new contract.

parttimeskint

Because you are not agreeing to a new service, and just continuing your existing service at a discount, there is no cooling off period.


Cooling off periods are there so consumers can in effect "try before they buy" and make sure the product or service is right for them. You bought the service a year ago and have been using it since so know exactly what you are getting for the money. As such, in taking a recontracting discount now, a cooling off period wouldn't apply.


Post #2 is correct.

LazyTyper

parttimeskint wrote: »

Cooling off periods are there so consumers can in effect "try before they buy" and make sure the product or service is right for them.

Actually not quite.

The cooling-off period is there to help with impulse buying and high-pressure sales techniques. Technically the cooling-off period ends as soon as the service begins, if before the cooling off period ends and if agreed by the buyer.... which makes this a tricky one as service is already been provided as part of a previous contract.

However, one example that comes to mind is the Line Rental Saver some of the landline providers offer, which comes with a 14 day cooling-off period. You can pay for this up-front after your landline service has started but you are still entitled to a refund within 14 days if you are not happy.

I read on other forums, as well as on MSE, of cases where people have successfully used the cooling-off period to cancel a broadband renewal. TalkTalk example and BT example.


I would still advise to get some proper advice on this and give it a try, if you are still looking to cancel.

parttimeskint

Sky have also offered to remove the recontract by removing the recontract discounts from someone else on this forum but if they do this, it is a good will thing rather that a right.


The op can ask Sky to remove the recontract and discount, and they may do it, but they are not obliged too and the OP has no right to expect it to happen.

[Deleted User]

Dorza wrote: »

I phoned Sky to see if I could now cancel and they said because they haven't supplied anything new and the contract has started then I've lost any right to cancel the contract.

parttimeskint wrote: »

The op can ask Sky to remove the recontract and discount, and they may do it, but they are not obliged to and the OP has no right to expect it to happen.

From the first post, it looks as if the OP has asked for the re-contract to be removed so that he can cancel completely. I very much doubt Sky will allow this.