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COBS 15.4 Effects of cancellation

Termination of contract

COBS 15.4.1R

By exercising a right to cancel, the consumer withdraws from the contract and the contract is terminated.

Payment for the service provided before cancellation

COBS 15.4.2R
  1. (1)

    This rule applies in relation to a distance contract that is not a life policy, personal pension scheme, cash deposit ISA or CTF.

  2. (2)

    When the consumer exercises his right to cancel he may be required to pay, without any undue delay, for the service actually provided by the firm in accordance with the contract. The performance of the contract may only begin after the consumer has given his approval. The amount payable must not:

    1. (a)

      exceed an amount which is in proportion to the extent of the service already provided in comparison with the full coverage of the contract;

    2. (b)

      in any case be such that it could be construed as a penalty.

  3. (3)

    The firm may not require the consumer to pay any amount on the basis of this rule unless it can prove that the consumer was duly informed about the amount payable, in conformity with the distance marketing disclosure rules1. However, in no case may the firm require such payment if it has commenced the performance of the contract before the expiry of the cancellation period without the consumer's prior request.

[Note: article 7(1), (2) and (3) of the Distance Marketing Directive]

Shortfall

COBS 15.4.3R

  1. (1)

    The firm may require the consumer to pay for any loss under a contract caused by market movements that the firm would reasonably incur in cancelling it. The period for calculating the loss shall end on the day on which the firm receives the notification of cancellation.

  2. (2)

    This rule:

    1. (a)

      does not apply for a distance contract or for a contract established on a regular or recurring premium or payment basis; and

    2. (b)

      only applies if the firm has complied with its obligations to disclose information concerning the right to cancel.

Obligations on cancellation

COBS 15.4.4R

The firm must, without any undue delay and no later than within 30 calendar days, return to the consumer any sums it has received from him in accordance with the contract2, except for any amount that the consumer may be required to pay under this section. This period shall begin from the day on which the firm receives the notification of cancellation.

2

[Note: article 7(4) of the Distance Marketing Directive]

COBS 15.4.5R

The firm is entitled to receive from the consumer any sums and/or property he has received from the firm without any undue delay and no later than within 30 calendar days. This period shall begin from the day on which the consumer dispatches the notification of cancellation.

[Note: article 7(5) of the Distance Marketing Directive]

COBS 15.4.6R

Any sums payable under this section on cancellation of a contract are owed as simple contract debts and may be set off against each other.