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The Cancellation of Contracts made in a Consumer's Home or Place of Work etc. Regulations 2008

Consolidated Text As Enacted Cited authorities 39 Cited in Amendments 16 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2008/1816
  • These Regulations may be cited as the Cancellation of Contracts made in a Consumer's Home or Place of Work etc. Regulations 2008 and shall come into force on 1st October 2008.
    • (1) In these Regulations:
    • “the 1974 Act” means the Consumer Credit Act 1974 ;
    • “cancellable agreement” has the same meaning as in section 189(1) of the 1974 Act;
    • “cancellation notice” means a notice in writing given by the consumer which indicates that he wishes to cancel the contract;
    • “cancellation period” means the period of 7 days starting with the date of receipt by the consumer of a notice of the right to cancel;
    • “consumer” means a natural person who in making a contract to which these Regulations apply is acting for purposes which can be regarded as outside his trade or profession;
    • “consumer credit agreement” means an agreement between the consumer and any other person by which the other person provides the consumer with credit of any amount;
    • “credit” includes a cash loan and any other form of financial accommodation, and for this purpose “cash” includes money in any form;
    • “enforcement authority” means any person mentioned in regulation 21;
    • “fixed sum credit” has the same meaning as in section 10(1) of the 1974 Act ;
    • “notice of the right to cancel” means a notice given in accordance with regulation 7;
    • “related credit agreement” means a consumer credit agreement under which fixed sum credit which fully or partly covers the price under a contract which may be cancelled under regulation 7 is granted—
      • (i) by the trader; or
      • (ii) by another person, under an arrangement made between that person and the trader;
    • F16“regulated agreement” has the meaning given by section 189 of the 1974 Act;
    • “solicited visit” has the meaning given in regulation 6(3) ;
    • “specified contract” has the meaning given in regulation 9; and
    • “trader” means a person who, in making a contract to which these Regulations apply, is acting in his commercial or professional capacity and anyone acting in the name or on behalf of a trader.
    (2) Paragraph 8(2) of Schedule 3 has effect for the purposes of paragraphs 7 and 8(1) .
  • Schedule 1 (Consequential Amendments) shall have effect.
    • (1) Schedule 2 (Revocations) shall have effect.(2) The Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) Regulations 1987 (3) These Regulations shall not apply to a contract to which the 1987 Regulations applied before their revocation.
  • during a visit by the trader to the consumer's home or place of work, or to the home of another individual;
  • during an excursion organised by the trader away from his business premises; or
  • after an offer made by the consumer during such a visit or excursion.
    • any contracts listed in Schedule 3 (Excepted Contracts) ;a cancellable agreement;a consumer credit agreement which may be cancelled by the consumer in accordance with the terms of the agreement conferring upon him similar rights as if the agreement were a cancellable agreement; ora consumer credit agreement F17which is a regulated agreement to which the right of withdrawal applies under section 66A of F18the 1974 Acta regulated mortgage, home purchase plan or home reversion plan if the making or performance of such a contract constitutes a regulated activity for the purposes of the Financial Services and Markets Act 2000 a regulated agreement;an exempt agreement (within the meaning given by article 60B of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001) ; orany other regulated agreement.(2) Where any agreement referred to in paragraph (1) (b) , F14(c) , (ca) or (d) (iii) is a related credit agreement the provisions of regulations 11 and 12 shall apply to the cancellation of that agreement.telephones the consumer (otherwise than at the consumer's express request) and indicates during the course of the telephone call (either expressly or by implication) that he, or the trader in whose name or on whose behalf he is acting, is willing to visit the consumer; orvisits the consumer (otherwise than at the consumer's express request) and indicates during the course of that visit (either expressly or by implication) that he, or the trader in whose name or on whose behalf he is acting, is willing to make a subsequent visit to the consumer; ora visit during which the contract which is made relates to goods and services other than those concerning which the consumer requested the visit of the trader, provided that when the visit was requested the consumer did not know, or could not reasonably have known, that the supply of such goods or services formed part of the trader's commercial or professional activities.(1) A consumer has the right to cancel a contract to which these

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