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Can I cancel direct debit for magazine if publisher won't answer the phone? Consumer rights lawyer DEAN DUNHAM replies


I want to cancel a magazine subscription which I took out online. But it’s proving impossible to do as it can’t be cancelled on the website, only via phone. I’ve been calling the number given for days but nobody has answered. What can I do?

E. A., via email.

Dean Dunham replies: as you took out the subscription online it is classed as a ‘distance sale’. This means the Consumer Contracts Regulations (as they are known in short) apply.

While there is no legal obligation for traders always to provide consumers with telephone and email contact details under the regulations, there is a requirement for them to provide a geographical address where consumers can send the likes of letters of cancellation and complaint.

If there is such an address on the trader’s website, you should send a tracked letter of cancellation immediately and, at the same time, cancel your direct debit for the subscription. If there is no address, you should still cancel your direct debit and then wait for the firm to contact you.

When it does contact you, say that the contract has terminated and you cannot be prejudiced by its failure to provide a postal address, as this is a legal requirement under the Consumer Contracts Regulations.

I ordered a 40-inch TV online, which was advertised as being reduced from £499 to £149. Five days later, I took delivery of a 32 in TV. When I notified the retailer that the wrong size had been delivered, it told me it had advertised the wrong price online and the price I paid was in fact that of the 32 in TV.

I’ve since sent more than 40 emails and spent more than three hours on the phone to the firm, and it still has not given me a refund or collected the TV.

D. D., via email.

Dean Dunham replies: first, you are clearly entitled to a refund, as the TV you received was not ‘as described’ on the retailer’s website, which is a breach of the Consumer Rights Act 2015.

In these circumstances, the legislation says the refund must be given without ‘undue delay’ and, in any event, within 14 days, beginning with the day on which the trader agrees that the consumer is entitled to a refund. So if you are still within these 14 days you need to wait a bit longer. If you’re outside this time, you should quote this law to the retailer and demand an immediate refund.

You could also make a chargeback claim (if you paid with your debit or credit card in the past 120 days). To do this, simply contact your bank or card provider and say that you want to make a claim.

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I’m considering having solar panels installed to try to reduce my energy bills. Are there any legal considerations I need to think about before committing to this?

T. M., via email.

Dean Dunham replies: You should make sure that your mortgage provider does not object (as it will have security over your property, so has a right to object) or, if you rent, your landlord consents.

You must then choose a reputable provider, and under no circumstances should you agree to a deal where the solar panel company rents your roof space.

This is not as common as it was, but there are still firms in the market that are doing this and advertising it as a cheaper option for homeowners.

You should also look very closely at the return on investment and the timing for this.

While solar panels are likely to reduce your energy bills, when you factor in the initial cost of installation it will probably be some time before you see any financial benefit. Also, make sure you ask how long the panels will last and what ongoing maintenance is needed, too.

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