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Motor insurance policy.

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Re: Motor insurance policy.

Postby Hairyloon » Mon Sep 01, 2014 10:07 am

The MSE discussion appears to be about cancellation fees outside of the remit of the distance selling regulations. These would be covered by the contract.
What basis can there be for fees where the contract is cancelled by statute? It cannot be the contract.
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Re: Motor insurance policy.

Postby Slartibartfast » Mon Sep 01, 2014 11:22 am

Hairyloon wrote:What basis can there be for fees where the contract is cancelled by (a process defined by) statute? It cannot be the contract.


Assuming that I have interpreted your question correctly (see clarifying insert above), the answer would be "why not?"

The statute only provides a right to cancel, not a right to cancel without cost.
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Re: Motor insurance policy.

Postby dls » Mon Sep 01, 2014 11:48 am

What basis can there be for fees where the contract is cancelled by statute? It cannot be the contract.


Some remedies are not dependent on the existence of a contract - for example quantum meruit.

There are subtleties about what the Regulation says. UK law happily copes with contracts which are or become voidable or void, or cancelled, but occasional European legislation uses a wholly strange idea, that the contract is treated as never having existed. These different ends to the arrangement will have different consequences, and it is not sensible too try to decide which applies without looking at the exact words and context.
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