Regulation 27 Delay in exercising right to cancel a contract for breach of implied term

(1)

This regulation applies where, in respect of a subscription contract which has been cancelled, the consumer unreasonably delayed after the relevant date in giving the trader notification under section 263(3) of the DMCCA (exercising the right to cancel by notification).

(2)

Paragraph (1) must be determined by taking into account all the relevant circumstances including—

(a)

that the consumer requires a reasonable period for the purposes of enabling them to—

(i)

become aware of the breach of the relevant implied term,

(ii)

decide whether to cancel the contract, and

(iii)

to take the necessary steps to cancel the contract;

(b)

the nature of the breach;

(c)

the nature of the goods, services or digital content supplied under the contract;

(d)

the timing and frequency of that supply;

(e)

the means used by the consumer to make recurring payments for which they were liable under the contract;

(f)

the amounts, timing and frequency of those payments.

(3)

If this regulation applies, the consumer’s liability under a subscription contract which has been cancelled is extinguished for all payments, other than a hire-excluded amount, that the consumer became liable for during the period—

(a)

beginning with the relevant date, and

(b)

ending with the time from which the contract would have been cancelled if the consumer had not unreasonably delayed in giving the trader the notification mentioned in paragraph (1).

(4)

Where the consumer has made any of those payments to the trader, the trader must refund those payments to the consumer.