Change of contract

[Nemo]

How much can a supplier unilaterally change a product to allow a contract to be cancelled?

An elderly relative subscribed for a magazine. She has been told that it will only be available on-line and has written saying that she does not want this on-line product. She has been advised that she must give twelve months notice.

Will the change from paper to on-line allow her to cancel immediately with no notice period. While the content of the publication is the same its form of delivery is quite different. Anyone know of any cases on this?

Thanks

[PinkDalek]

Can you find the original contract, which may have given them such an option and also mention the terms of cancellation?

Obviously a reputable organisation might refund an elderly individual (pro rata subject to reasonable admin. costs) in such a situation and no doubt you'll feel free to name them, if you get nowhere.

[Nemo]

Can you find the original contract, which may have given them such an option and also mention the terms of cancellation?

Nothing I'm afraid

[gilesweb]

Maybe check their current terms and conditions as a start?

One I looked at was no refund during first 12 months, then refund cost of undelivered copies if cancel in writing, which might help depending on when they started

[didds]

IANAL - seems bizarre they can change the method of delivery such that some recipients will no longer be able to actually receive it without enduring extra expense and learning curves to do so?




didds

[MaraMan]

I would say that a fundamental change like this voids the contract so you should have the right to unilateral cancellation. Under contract law a change needs to be agreed by both parties to be valid. If you aren't seeking a refund then just don't pay any more, if you are seeking a refund threaten them with the small claims court.

MM

[Clitheroekid]

Will the change from paper to on-line allow her to cancel immediately with no notice period.

Yes. An online magazine is a totally different creature from a paper magazine, and their failure to continue delivering the paper version is a fundamental breach of contract, allowing her to terminate it with immediate effect.

If she's paid her sub in advance then she is entitled to a refund from the date the magazine stopped arriving.

Maybe check their current terms and conditions as a start?

It doesn't matter what they say. The contract has been breached so that it no longer exists, and any T's and C's died with it.

In any case, any term permitting them to behave like this would be so blatantly unfair as to be void under The Consumer Rights Act 2015.

She should therefore write to them saying it's a fundamental breach of contract so that she is under no further obligation to them, and require that any refund due is paid within 14 days.

It would be helpful to name and shame the magazine involved, so that other readers with elderly relatives can warn them.

[Nemo]

Hi everyone

Thanks for the help

My relative just wrote in cancelling the magazine, without any explanation.

I've rang them and explained that she was elderly and didn't have a computer. That did the trick - I just needed a bit of advice in case they didn't play ball.

Thanks again