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Consumer Contract Regulations

2 replies

wackel · 23/09/2022 15:06

I hope someone might be able to help me please. Earlier on this year I joined an online diet/nutrition programme for 12 weeks. I didn’t really follow it properly and therefore did not want to carry on any further with it. I ended up on a call with the main trader just over 2 weeks ago (7 Sep) where I was “invited” on to the next level for a further fee. I stupidly agreed (I strongly suspect I have ADHD and I am therefore highly prone to stupid and impulsive behaviour). I electronically signed a contract and agreed to a payment plan. Almost as soon as I had finished the call though, I was furious with myself and decided I really didn’t want to be involved. The contract (T&C) I signed stated there is no 14-day cooling off period on offer as the programme is digital and personalised. I sought some advice through a solicitor on justanswer.co.uk who told me that under the Consumer Contract Regulations, if the contact does not state a date from which the personalised aspect of the programme starts, and if I have I not accessed any of the new content, then the 14-day statutory cooling off period still applies. It took me a few days to get this advice but then as soon as I was in a position to draft the main trader an email to request the refund, I sent it.
The main trader emailed me today to say that because he has sent me email content and that it is a digital product, the 14-day cooling off period does not apply. Up until this point I have emailed them 3 times (within the 14 days) stating I do not want to take part. I guess it’s his word against mine now but I have still not accessed any of the new programme content, nor completed/received anything that would constitute personalised content. He is trying to offer me the programme at a reduced price or I could delay it and get 2 months coaching for free. I don’t want either of these options. I understand he is trying to protect his intellectual property but I’m not interested in exploiting that in any way. What can I do now to proceed? Should I offer to pay for the 2 weeks I have effectively been a member for and pay the equivalent amount? Any legal advice is gratefully received! Please and thank you.

OP posts:
underneaththeash · 24/09/2022 10:08

Trading standards have a consumer helpline.
0808 223 1133
they’re very helpful and will talk it through with you and give you a reference number.

then you can return to the person and explain what’s been said to you.

mattyprice4004 · 25/09/2022 10:52

Renewals of an existing service (which this is) are exempt from cooling off periods; regardless if they agreed to start straight away and have worked on your material I don’t think it’s fair to expect a refund.

I would just suck it up an lad not renew next time - and perhaps look at help for your ADHD.
I’ve had mine formally diagnosed and I’m on medication which helps a lot with impulse control.

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