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You are viewing the version of the document as on 2023-01-31.

FPCOB 13.2 The right to cancel

FPCOB 13.2.1 R

1A customer has a right within the longer of:

  1. (1)

    30 days; or

  2. (2)

    7 days of being notified of the appointed funeral services provider (FPCOB 10.1.4R); or in the case of an instalment payment funeral plan contract, 30 days or the moratorium period, whichever is longer; or

  3. (3)

    in the case of an instalment payment funeral plan contract, the moratorium period,

to cancel the funeral plan contract, without giving any reason and without being required to pay any amount to do so.

FPCOB 13.2.2 R

1The following events in relation to an instalment payment funeral plan contract must, for the purposes of this chapter, be taken to be a cancellation:

  1. (1)

    the death of the covered individual (other than as a result of an accident) within the moratorium period;

  2. (2)

    the cancellation by the firm, having complied with the payment shortfall rules (FPCOB 2.3), of the funeral plan due to the customer’s failure to settle a payment shortfall.

FPCOB 13.2.3 R

1 FPCOB 13.2.2R does not apply where the customer and firm have agreed that any party may pay sums outstanding under the instalment payment funeral plan and the funeral plan be redeemed.

FPCOB 13.2.4 G

1A firm may provide longer or additional cancellation rights voluntarily, but if it does these should be on terms at least as favourable to the customer as those in this chapter, and any differences should be clearly explained.

Exception to the right to cancel

FPCOB 13.2.5 R

1The right to cancel does not apply to a funeral plan contract under which a redemption request has been made or the funeral has been provided.

Start of the cancellation period

FPCOB 13.2.6 R

1The cancellation period begins either:

  1. (1)

    from the day the customer is informed that the contract has been concluded; or

  2. (2)

    from the day on which the customer receives the contractual terms and conditions and any other pre-contractual information required under this sourcebook, if that is later than the date referred to above.

Exercising a right to cancel

FPCOB 13.2.7 R

1If a customer exercises the right to cancel:

  1. (1)

    they must notify this to the firm before the expiry of the relevant deadline;

  2. (2)

    a firm must enable a customer to make the notification via the same medium by which the customer purchased the funeral plan contract; and

  3. (3)

    the deadline shall be deemed to have been observed if the notification, if on paper or another durable medium, is dispatched before the deadline expires.

FPCOB 13.2.8 G

1A firm may provide additional methods by which the customer can make a notification of cancellation to the firm.

FPCOB 13.3 Effects of cancellation

Termination of contract

FPCOB 13.3.1 R

1By exercising the right to cancel, the customer withdraws from the funeral plan contract and the contract is terminated.

Firm’s obligation on cancellation

FPCOB 13.3.2 R
  1. (1)

    1This rule applies where a funeral plan contract is:

    1. (a)

      cancelled by the customer in accordance with FPCOB 13.2.1R; or

    2. (b)

      deemed cancelled by the funeral plan provider (FPCOB 13.2.2R) during the moratorium period.

  2. (2)

    A firm must, without any undue delay and no later than within 30 days, return to a customer any sums it has received from them in accordance with the contract, except as specified in this section.

  3. (3)

    This period shall begin from the day on which the firm receives the notification of cancellation.