Chen Wei v Cambridge Power and Light Ltd (unreported). In the latest credit hire judgment, HHJ Moloney held that the credit hire agreement in this case was unenforceable under the Regulations.
Chen Wei v Cambridge Power and Light Ltd (unreported). In the latest credit hire judgment, HHJ Moloney held that the credit hire agreement in this case was unenforceable under the Regulations. The Regulations apply to contracts for the supply of goods or services to a consumer by a trader made during a visit by the trader to the consumer’s home or place of work. By Reg. 7 a consumer has a seven day cancellation period, and the trader is required to give a written notice of the consumer’s right to cancel at the time the contract is made; failure to do so renders the contract unenforceable.
The Claimant argued that the contract had been concluded by telephone, and not at his home, therefore taking the contract outside of the Regulations. HHJ Moloney stated that this was a mixed question of law and fact, but of importance was the entire agreement clause in the hire agreement, which on its face revoked any prior oral agreement. Nor could a credit hire company rely on the acceptance and use of the car against their own client.
Matthew Winn-Smith / 1st Jun 2013
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