Consumer credit rights question

Panjandrum

I paid £120 for motor insurance over the phone by credit card. Confirmatory letter said I had no right to change my mind nor claim a refund if I did. I was not told this when I bought the policy, though I had thought the Consumer Credit Act gave a 'cooling off' period on all purchases over £100.

Is that wrong?

Thanks

p00hsticks

From http://www.adviceguide.org.uk/england/consumer_e/
consumer_different_ways_of_buying_e/
consumer_buying_by_internet_mail_order_or_phone_e/distance_selling_how_the_law_protects_you.htm



When you don't have rights under the regulations




The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not cover any of the following purchases:

• gambling, which includes gaming, betting and taking part in a lottery
• financial services, including banking, credit, insurance, personal pension, investment or payment services, apart from when you buy them as additional contracts
• building, buying or renting property
• package holidays
• etc.......

grumbler

Panjandrum wrote: »

...I had thought the Consumer Credit Act gave a 'cooling off' period on all purchases over £100.

Is that wrong?

Consumer Credit Act regulates credit agreements, including those concluded remotely.

Also section 75 of CCA provides extra protection for items costing £100+ (nothing to do with cooling off period).

Consumer contracts regulations give you 14 days cooling off period for online/phone purchases with certain exclusions.

TBH, I am not sure that insurance is excluded (assuming that you cancel it before it starts) as I see contradicting information online.

I am not sure that what CAB say in the above citation is correct as the exact wording seems to be:

B. Exemptions
Which sectors are not covered?
1. Contracts exempt from the provisions in the regulations:
o gambling as covered by the Gambling Act 2005
construction and sale of immovable property including building of new properties
o residential letting contracts
o package travel contracts
o timeshare contracts
o supply of consumables by regular roundsmen such as milkmen
o purchases from vending machines
o single telecom connections (e.g. payphones and caf! internet connection)
o financial services are generally exempt although warranties, credit agreements and insurance which are offered in conjunction with the sale of a non-financial goods or services, will still need to meet the requirements for cancellation of ancillary contracts and additional payments not being a default option.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/310044/bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf

44smithy

Sorry if this is not in the right place I am new to this but desperately need help:money:


I have an iPhone from EE in 2013 it has been fine up until last week when it stopped working. Took it to apple store and they said the sim reader is not working. This makes the phone faulty they will not replace it as they did not supply it. EE said this is rubbish it is not there responsibility to replace it. DO I have any rights?????

jonesMUFCforever

Would they repair it?

grumbler

44smithy wrote: »

... EE said this is rubbish it is not there responsibility to replace it. DO I have any rights?????

their

How typical! I guess they get special training how to fob customers off.

That said, for a phone older than 6 months it's not that simple as you have to prove that the fault isn't a result of misuse or damage: Consumer Rights

Panjandrum

Thanks for your help, that's clear, though disappointing. Appears my hood has been well and truly winked.

44smithy

how can I do that, apple have given me a copy of the report stating the reader is faulty.?


What about with the contract as I have to keep paying a contract for a further 6 months without a phone surely then goods not fit for purpose???

antrobus

grumbler wrote: »

.....I am not sure that what CAB say in the above citation is correct as the exact wording seems to be....

The exact wording shows that; "financial services are generally exempt" except for those offered "in conjunction with the sale of a non-financial goods or services".

Which is exactly what the CAB said.

The Regulations don't apply to insurance sales, except when you buy that insurance in a bundle with something else.

grumbler

antrobus wrote: »

Which is exactly what the CAB said.

Well, I still am not sure:

UK legislative cancellation rights at a glance
...
Distance selling – financial services including credit - 14 days (30 days for life insurance) - From the day following purchase of the service

Can you cancel it? CAB/ECC clients - Citizens Advice
That said, it's dated 2005 while the first link mentions 2013

DevCoder

44smithy wrote: »

how can I do that, apple have given me a copy of the report stating the reader is faulty.?


What about with the contract as I have to keep paying a contract for a further 6 months without a phone surely then goods not fit for purpose???

The airtime contract is separate to the phone, they are not linked so you still have airtime availability , just not with this phone at present. If you had another phone you could use that airtime. So the airtime part is not in breach.