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A few months ago I subscribed to an online service that monthly delivers goods (beers) to my home. I now want to cancel but they ask to call to do so.

I tried for a few days and of course, no one is ever available...

What are my rights? Can I just call my bank to stop the payment?

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Assuming the question relates to a consumer as defined in the Consumer Rights Act 2015.

I quote from Janet O'Sullivan, O'Sullivan & Hilliard's Law of Contract (2020 9 ed), p 207. The 2022 10 ed shall be published in July 2022.

8.27 According to s 61 of the CRA, a ‘consumer contract’ is defined in s 61(1) as a ‘contract between a trader and a consumer’. In turn, ‘trader’ and ‘consumer’ are defined in s 2 of the CRA as follows:

(2) ‘Trader’ means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.

(3) ‘Consumer’ means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.

(4) A trader claiming that an individual was not acting for purposes wholly or mainly outside the individual’s trade, business, craft or profession must prove it.

If it does relate to a consumer, then I suggest the starting point is the CRA 2015, which protects Consumers way more than the Sale of Goods Act 1979.

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    Welcome to Law.SE! Please take the tour. And note that requests for clarification of a question are not answers, but rather comments, and should be posted accordingly. (And beware that the use of the imperative in "you shall start with the CRA..." sounds like legal advice, though I suspect that was not your intention.)
    – feetwet
    May 22, 2022 at 21:43
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You might contact the Citizens Advice in UK who help in cases of such issues. You might look at Cancelling a service you’ve arranged :

Contact the Citizens Advice consumer helpline on 0808 223 1133 if you need more help - a trained adviser can give you advice over the phone. You can also use an online form. If you’re in Northern Ireland, contact Consumerline. An adviser at your nearest Citizens Advice will also be able to help you argue your case or argue for you.

Generally, you have a contract with this business, and if you just stop paying they might keep delivering their goods and send a debt collector. Usually a letter with a written cancellation is always strongly recommended.

Here they argue (for UK) that e.g. a letter of cancellation might be sufficient, see below. On the above referenced Citizens Advice webpage they have some templates for cancellation letters.

There is no specific requirement as to how notification to cancel a contract should be given but in the event of a dispute the burden falls upon the consumer to prove that he did cancel within the cancellation period. So, for example, if he rings you but calls the wrong number, he will have failed to cancel.

As a trader, you have an obligation to provide information about how to cancel as well as the means to do so (a form in a prescribed format that your customer can use to give you notice).

But whilst you must provide the model cancellation form in your system or process, the consumer is not obliged to use it. He can notify you in any way he likes, and in hard or soft copy. That includes, by letter or written note, by e-mail, or even by an SMS text message.

If you offer an online cancellation form on your website then your customer may use that, but if he does, then you must acknowledge receipt of that notice without delay through what the Regulations call a durable medium - e-mail message, written letter, or text message.

Of course, the cancellation is effective only if the communication is sent to you before the end of the cancellation period.

To emphasise, the key time is when the communication was sent, not when you received it.

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  • Please mkw the soruces of quotations more explicit. Are the two quotes form the samw siurc, and if so is it the Citizens Advice page? Also, this doesn't really answer the question what the rights of a person in a situation as described are., It only suggests another place to learn about this. Feb 6, 2022 at 17:24

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