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Account/reference number (if known): ________
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Dear Sir/Madam,
RE: CANCELLATION OF SUBSCRIPTION AND REQUEST FOR REFUND
I am writing to you as a consumer in relation to a subscription that I ordered from you. The subscription was for the following goods, services and/or digital content: ________.
This letter constitutes formal notice in respect of the matters set out below. References to "the CRA 2015" are to the Consumer Rights Act 2015 and references to "the CCRs" are to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
1. Details of my subscription
1.1. I entered into the subscription on ________.
1.2. The subscription term was for a fixed period of ________ months.
1.3. The recurring charge for the subscription was ________ per ________.
1.4. The subscription automatically renewed on ________.
2. The automatic renewal
2.1. I did not receive any adequate reminder or notice about the renewal before the fixed term was renewed. The last correspondence I received from you in relation to the subscription was dated ________ and consisted of the following:
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2.2. In relation to the automatic renewal, I draw your attention to the following:
(a) Section 62 of the CRA 2015 provides that an unfair term of a consumer contract is not binding on the consumer, and that an unfair consumer notice is not binding on the consumer. A term or notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations to the detriment of the consumer.
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(i) the terms of the proposed renewal of the contract; and
(ii) any steps consumers are reasonably required to take to notify the trader of their intention that the contract should not be renewed.
(d) The Competition and Markets Authority's guidance on subscriptions and automatic rollovers further provides that:
(i) the contract should require that a consumer is sent a reminder a reasonable time before the contract is due to be renewed;
(ii) the reminder should include clear information about the terms of the proposed renewal of the contract and the steps consumers need to take to stop the renewal, if they wish to; and
(iii) a term which automatically renews a consumer contract or subscription without requiring a trader to take sufficient steps to inform the consumer before doing so may be unfair.
(e) The Competition and Markets Authority is the United Kingdom's national competition and consumer authority. Whilst it is ultimately for a court to interpret the provisions of the CRA 2015, the guidance provides the authoritative views of the Competition and Markets Authority as to how the legislation is intended to operate.
2.3. As I was not provided with adequate notice prior to the renewal date in accordance with the above, I consider that the automatic renewal term is unfair and not binding on me pursuant to section 62 of the CRA 2015. I should have been provided with sufficient opportunity to cancel the subscription before it automatically renewed.
3. Cancellation rights
3.1. Further and in any event (without prejudice to the above), I am entitled to a 14-day cooling-off period in respect of the renewed contract commencing on ________, and I am entitled to exercise my right to cancel within that period. This right is contained in Part 3 of the CCRs.
3.2. I rely on this right because the Competition and Markets Authority's guidance on subscriptions and automatic rollovers states that such terms are more likely to be fair if they give consumers the right to cancel a contract once it has been renewed, without having to pay a cancellation fee, and where any requirement to provide notice of cancellation is reasonable and does not have the effect of tying the consumer into the contract unfairly.
3.3. Please therefore take this letter as formal notice that I wish to exercise my statutory cancellation right.
4. What I am requesting
4.1. In light of the above, I request that you:
(a) cancel my subscription with immediate effect and confirm in writing that it has been cancelled and that no further payments will be taken from me;
(b) provide a full refund, within 14 days of the date of this letter, of any sums charged to me in connection with the automatic renewal of the subscription, in the sum of ________, the renewal being unfair and I being entitled to cancel within the cooling-off period; and
(c) confirm receipt of this letter and provide your written response within 14 days of the date of this letter.
4.2. I reserve all of my rights, including the right to refer this matter to my bank or card provider, to the relevant alternative dispute resolution body, to the Competition and Markets Authority and/or Trading Standards, and to pursue the matter through the courts, should this matter not be resolved satisfactorily.
This letter is sent without prejudice to any other rights or remedies available to me.
Yours faithfully,
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