Allproperty Claims Ltd v Pang [2015] EWHC 2198 (QB) (29 June 2015)

Allproperty Claims Ltd v Pang [2015] EWHC 2198 (QB) (29 June 2015)

The contract is unenforceable against Mr Tang because APC failed to provide the cancellation notice at the time of signing, as required by Regulation 7(6) of the Cancellation Regulations; this technical breach renders the agreement irredeemably unenforceable despite Mr Tang's actual knowledge of his cancellation rights.

Citation
[2015] EWHC 2198
Parties
Claimant: All Property Claims Limited; Defendant / Part 20 Claimant: Mr Tang Pang; Part 20 Defendant: ITC Compliance Limited
Jurisdiction
England and Wales
Judgment Date
29 June 2015
Procedural Posture
Commercial Contract Dispute / Final Judgment
Outcome
Claim dismissed
Legal Topics
Cancellation Regulations, Unfair Terms in Consumer Contracts, Insurance Conduct of Business Sourcebook (icobs), Client Asset Rules (cass), Assignment of Claims
Contract Law Consumer Protection Insurance Law Regulatory Law Cancellation Regulations Unfair Terms in Consumer Contracts Insurance Conduct of Business Sourcebook (icobs) Client Asset Rules (cass) +1 more

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Parties

All Property Claims Limited

Claimant

Mr Tang Pang

Defendant / Part 20 Claimant

ITC Compliance Limited

Part 20 Defendant

Procedural Posture

Commercial Contract Dispute / Final Judgment

Legal Issues

  1. 1 Whether the contract between APC and Mr Tang is enforceable given the Cancellation Regulations
  2. 2 Whether APC or ITC breached ICOBS rules
  3. 3 Whether contract terms are unfair under the Unfair Terms in Consumer Contract Regulations 1999

Ratio Decidendi

The contract is unenforceable against Mr Tang because APC failed to provide the cancellation notice at the time of signing, as required by Regulation 7(6) of the Cancellation Regulations; this technical breach renders the agreement irredeemably unenforceable despite Mr Tang's actual knowledge of his cancellation rights.

Court Disposition

Claim dismissed

Orders

  • Claim by All Property Claims Limited against Mr Tang Pang dismissed
  • Part 20 claim against ITC Compliance Limited falls away