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 between APC and Mr Tang was unenforceable because APC failed to provide Mr Tang with a written notice of his right to cancel at the time the contract was made, as required by the Cancellation of Contracts made in a Consumer's Home or Place of Work etc Regulations 2008. This technical breach rendered the contract irredeemably unenforceable, regardless of Mr Tang's actual knowledge of his cancellation rights or the merits of the underlying claim. No waiver, estoppel, or unjust enrichment claim could override this statutory bar.

Citation
[2015] EWHC 2198 (QB)
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
Civil (contract/consumer) / High Court Trial Judgment
Outcome
Claim dismissed
Legal Topics
Cancellation of Contracts in Consumer's Home, Unfair Terms in Consumer Contracts, Insurance Conduct of Business (icobs), Client Asset Rules (cass), Assignment of Insurance Claims
Contract Law Consumer Protection Financial Regulation Cancellation of Contracts in Consumer's Home Unfair Terms in Consumer Contracts Insurance Conduct of Business (icobs) Client Asset Rules (cass) Assignment of Insurance Claims

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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

Civil (contract/consumer) / High Court Trial Judgment

Legal Issues

  1. 1 Whether the claimant's contract is unenforceable for failure to provide cancellation notice under the Cancellation of Contracts made in a Consumer's Home or Place of Work etc Regulations 2008
  2. 2 Whether the contract terms are unfair under the Unfair Terms in Consumer Contracts Regulations 1999
  3. 3 Whether there was a breach of the Insurance Conduct of Business sourcebook (ICOBS) rules

Ratio Decidendi

The contract between APC and Mr Tang was unenforceable because APC failed to provide Mr Tang with a written notice of his right to cancel at the time the contract was made, as required by the Cancellation of Contracts made in a Consumer's Home or Place of Work etc Regulations 2008. This technical breach rendered the contract irredeemably unenforceable, regardless of Mr Tang's actual knowledge of his cancellation rights or the merits of the underlying claim. No waiver, estoppel, or unjust enrichment claim could override this statutory bar.

Court Disposition

Claim dismissed

Orders

  • Claim by All Property Claims Limited against Mr Tang Pang dismissed as unenforceable under the Cancellation Regulations
  • No order for damages or fees against Mr Tang Pang