Q&As

If an existing pay monthly mobile customer has requested to transfer their current mobile agreement (which is still within term) to another person, is there any requirement to provide the transferee with a cooling off period?

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Published on LexisPSL on 21/10/2020

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • If an existing pay monthly mobile customer has requested to transfer their current mobile agreement (which is still within term) to another person, is there any requirement to provide the transferee with a cooling off period?

For the purpose of this Q&A we have assumed that the contract is a business-to-consumer contract.

This Q&A considers cancellation rights (ie cooling off periods) under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR 2013), SI 2013/3134 only.

CCR 2013, SI 2013/3134 set out consumer cancellation rights in respect of doorstep and distance contracts, among other things. CCR 2013, SI 2013/3134 do not specifically address how cancellation rights are affected or apply in the event a contract is transferred between consumers. However, the European Commission's guidance on Directive 2011/83/EU, Consumer Rights Directive (implemented into UK law for the most part by CCR 2013, SI 2013/3134) provides, at paragraph 2.7 (Transfer of existing contracts between consumers):

'Article 3(5) states that “This Directive shall not affect national general contract law such as the rules on the validity, formation or effect of a contract, in so far as general contract law

aspects are not regulated in this Directive.”

Accordingly, if na

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