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    • Manxman, I have highlighted the relevant bits in bold. The proportion of the services can only be charged if the express consent was given in a durable medium.   (1) The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability except under these provisions— (a)regulation 34(3) (where enhanced delivery chosen by consumer); (b)regulation 34(9) (where value of goods diminished by consumer handling); (c)regulation 35(5) (where goods returned by consumer); (d)regulation 36(4) (where consumer requests early supply of service). (2) The cancellation period begins when the contract is entered into and ends in accordance with regulation 30 or 31.   Cancellation period extended for breach of information requirement 31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2. (2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information. (3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.   Supply of service in cancellation period 36.—(1) The trader must not begin the supply of a service before the end of the cancellation period provided for in regulation 30(1) unless the consumer— (a)has made an express request, and (b)in the case of an off-premises contract, has made the request on a durable medium.     (4) Where the service is supplied in response to a request in accordance with paragraph (1), the consumer must (subject to paragraph (6)) pay to the trader an amount— (a)for the supply of the service for the period for which it is supplied, ending with the time when the trader is informed of the consumer's decision to cancel the contract, in accordance with regulation 32(2), and (b)which is in proportion to what has been supplied, in comparison with the full coverage of the contract.     (6) The consumer bears no cost for supply of the service, in full or in part, in the cancellation period, if— (a)the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, or the information on payment of that cost required by paragraph (n) of that Schedule, in accordance with Part 2, or (b)the service is not supplied in response to a request in accordance with paragraph (1).
    • Hi all   I will dive straight into my scenario.    I have a personal Barclaycard credit card that I defaulted on in first half of 2015.  This debt has been bought out by Hoist in 2019.  I have not made payments since the first half of 2015 to the account. I am pretty sure I have not acknowledged the debt to the DCA that occasionally contacted me since then The six year anniversary of the default will arrive in the first half of 2021. I recently received a 'Letter of Claim' from Howard Cohen Solicitors informing me of Hoists intention to issues proceedings in the County Court for the outstanding amount. The letter states I have 30 days in which to reply.  The letter states that it is written in accordance with the Pre-action Protocol for Debt claims. They have provided a brief summary of the outstanding debt but not the original signed agreement.  My feeling is that the pressure is being ramped up because of the upcoming six year anniversary of the default.   I am not sure whether I should; A). Ignore the letter (if so what are the consequences). B). Stall for a little more time until the six year anniversary of the default arrives, and whether engaging with them too has its own set of consequences. C). Pay too much attention to the six year anniversary of the default  - as I am not sure if a debt becomes automatically statute barred after six years in which I have not acknowledged that debt.    Like many, I have been hit by Covid economically.  I have not worked most of this year.  I am operating at substantial loss with funds fast drying up. The work position doesn't seem to be changing any time soon. I am not claiming benefits or anything.   Any suggestions for plan of action would be gratefully received.   Thank you   Arthur M.                        
    • Hi Manxman, Yes, the contract was signed on-line and I'm relying on s31 of CCR.  I think what you are alluding to is the fact that if the contract started within the first 14days and if it was commenced with the expressed consent of the consumer (on a durable medium such as letter or email not phone call or webforms), then the consumer has to be pay for the portion of the services that was provided. Also, if the service has already been completed (which is not the case here as the service will be completed after 12months from the commencement of the tenancy which never commenced) then, full service fee is payable. In this case, no express consent was given - I have checked all my emails to them so they cannot charge for the portion of the services either i.e. arranging some viewings and finding a prospective tenant. In fact, I offered to pay for the reference check costs but they want it all. There was an implementing guidance on CCR2013 which categorically says that the regulation applies to letting agent's services - I have attached it here. At the end of the day, regulations are regulations and if anything, consumer is recognized as the weaker bargaining party as the contract was created by the business. Please google Robertson vs Swift - case prior to CCR 2013 came in where the supreme court ruled in favour of the consumer and went above and beyond what the regulation said at the time (although it derived some criticism).  bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance (1).pdf
    • No I didn't, in 2018 my laptop was unable to download open office.   I have attached the ci sheet from 2017, with all the charges listed up to then.   StatIntSheet v101 Charges V2.xls
    • According to MCOL,the claim was registered as issued on 23 November so that makes it 12 December by my reckoning-I wasn't sure if you counted the 14 days from the 5th day or the day after so I went for the latest possible date.
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Personally, I wouldn't. The two people I know who tried it were charged straight away and was difficult to get money back. I'm sure others will join in soon on here.

 

Maybe someone who benefits from the service will post.

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I signed up for it last year, you have to provide card details, I didn't cancel in time and they too £79 off my card. The day before I thought the trial period was over - having said that I've watches loads of stuff on it last year but I canceled this years subscription x

scotgal 

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I've been using Amazon Prime for a while now - it's saved me a fortune in postage for various items. It depends on if you watch the TV part of it - I find there is a better selection of the films and shows I like on Prime rather than on Nextflix. I got my Amazon Prime when they had an offer to get it for £59 instead of the usual £79.

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If you use Amazon regularly and want to download lots of films then I understand it is quite a good thing. Savings on postage if you actually buy items.

 

It was no good for me as I only really use it for Kindle downloads and you can only borrow one book a month - unless you take out the kindle unlimited as well.

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As with others, replies :

Do the cost / benefit analysis.

 

Do you want next day delivery often?

Are you currently paying lots in postage (& bear in mind not all items are available on Prime).

 

If your last years orders are representative, look at the postage costs you would have saved if the items were on Prime.

Consider that for the members of your household who would also benefit (if they would contribute to the cost!)

Consider if you (or they) would be eligible for one of the reduced rate Prime's (eg student)

 

Are you in a Prime Now area?

Would you use Prime Now (it is only available to Prime members, but is currently only in London & Birmingham, has a £20 minimum but can be same day, in 2 hour defined slots.

I'm aware of people ordering during the day to be delivered that evening when home from work.

 

Then factor in how much the Prime TV would be worth to you.

You should now have your answer.

I'm not sure anyone can reply for you, as they won't know your circumstances!

 

For my household / home : it makes sense. YMMV.

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I thought it was free for a month, that's how I read it..

 

The general Prime terms allow for a charge pro-rata if you cancel part way through a year.

 

My concern was that some "free trials" commit you once you begin to use them!

The Amazon Prime free trial T's & C's for the .co.uk site don't seem to have this provision : it appears genuinely free PROVIDED one cancels within that first free month, even if you have used it, BUT you must cancel within that first month if you don't want it to continue.

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If you use Amazon regularly and want to download lots of films then I understand it is quite a good thing. Savings on postage if you actually buy items.

 

It was no good for me as I only really use it for Kindle downloads and you can only borrow one book a month - unless you take out the kindle unlimited as well.

I also had kindle unlimited but I wasn't reading enough books to just justify the £7.99 a month subscription- so I cancelled it the other day, Amazon then restricted some of the books I had on my device as my subscription had expired

scotgal 

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