Part VU.K. Entry into Credit or Hire Agreements

Cancellation of certain agreements within cooling-off periodU.K.

72 Cancellation: return of goods.U.K.

(1)This section applies where any agreement or transaction relating to goods, being—

(a)a restricted-use debtor-creditor-supplier agreement, a consumer hire agreement, or a linked transaction to which the debtor or hirer under any regulated agreement is a party, or

(b)a linked transaction to which a relative of the debtor or hirer under any regulated agreement is a party,

is cancelled after the debtor or hirer (in a case within paragraph (a)) or the relative (in a case within paragraph (b)) has acquired possession of the goods by virtue of the agreement or transaction.

(2)In this section—

(a) “the possessor ” means the person who has acquired possession of the goods as mentioned in subsection (1),

(b) “the other party ” means the person from whom the possessor acquired possession, and

(c) “the pre-cancellation period ” means the period beginning when the possessor acquired possession and ending with the cancellation.

(3)The possessor shall be treated as having been under a duty throughout the pre-cancellation period—

(a)to retain possession of the goods, and

(b)to take reasonable care of them.

(4)On the cancellation, the possessor shall be under a duty, subject to any lien, to restore the goods to the other party in accordance with this section, and meanwhile to retain possession of the goods and take reasonable care of them.

(5)The possessor shall not be under any duty to deliver the goods except at his own premises and in pursuance of a request in writing signed by or on behalf of the other party and served on the possessor either before, or at the time when, the goods are collected from those premises.

(6)If the possessor—

(a)delivers the goods (whether at his own premises or elsewhere) to any person on whom, under section 69, a notice of cancellation could have been served (other than a person referred to in section 69(6)(b)), or

(b)sends the goods at his own expense to such a person,

he shall be discharged from any duty to retain the goods or deliver them to any person.

(7)Where the possessor delivers the goods as mentioned in subsection (6)(a), his obligation to take care of the goods shall cease; and if he sends the goods as mentioned in subsection (6)(b), he shall be under a duty to take reasonable care to see that they are received by the other party and not damaged in transit, but in other respects his duty to take care of the goods shall cease.

(8)Where, at any time during the period of 21 days following the cancellation, the possessor receives such a request as is mentioned in subsection (5), and unreasonably refuses or unreasonably fails to comply with it, his duty to take reasonable care of the goods shall continue until he delivers or sends the goods as mentioned in subsection (6), but if within that period he does not receive such a request his duty to take reasonable care of the goods shall cease at the end of that period.

(9)The preceding provisions of this section do not apply to—

(a)perishable goods, or

(b)goods which by their nature are consumed by use and which, before the cancellation, were so consumed, or

(c)goods supplied to meet an emergency, or

(d)goods which, before the cancellation, had become incorporated in any land or thing not comprised in the cancelled agreement or a linked transaction.

(10)Where the address of the possessor is specified in the executed agreement, references in this section to his own premises are to that address and no other.

(11)Breach of a duty imposed by this section is actionable as a breach of statutory duty.