Document text
BY E-MAIL [AND BY REGISTERED POST / BY HAND]
Date: [DD/MM/YYYY]
From:
[YOUR FULL NAME]
ID number: [ID NUMBER]
[ADDRESS]
[E-MAIL] · [MOBILE]
To:
[NAME OF SUPPLIER — E.G. CELLPHONE NETWORK, GYM, SECURITY COMPANY, SUBSCRIPTION SERVICE]
Attention: Cancellations / Customer Care
[ADDRESS]
[CANCELLATIONS E-MAIL]
Re: Notice of cancellation — agreement / account number [ACCOUNT OR CONTRACT NUMBER]
Dear Sir / Madam,
1. I have a fixed-term agreement with you on the following terms:
Item Details
Account / contract number [NUMBER]
Service or goods [E.G. CELLPHONE CONTRACT WITH HANDSET / GYM MEMBERSHIP / ALARM MONITORING]
Date signed [DD/MM/YYYY]
Fixed term [NUMBER] months, ending on [DD/MM/YYYY]
Monthly amount R[AMOUNT]
Payment method [DEBIT ORDER / CARD / OTHER]
2. [CHOOSE ONE AND DELETE THE OTHER:]
(a) Cancellation before the end of the term. In terms of section 14(2)(b)(i)(bb) of the Consumer Protection Act 68 of 2008, I hereby give you 20 business days' notice in writing that I cancel the agreement. The cancellation takes effect on [DD/MM/YYYY — 20 BUSINESS DAYS AFTER YOU RECEIVE THIS NOTICE].
(b) Cancellation at the end of the term. In terms of section 14(2)(b)(i)(aa) and section 14(2)(d)(i) of the Act, I direct you to terminate the agreement on its expiry date, [DD/MM/YYYY], without penalty or charge. The agreement must not continue on a month-to-month basis.
3. I accept that I remain liable for amounts owed under the agreement up to the date of cancellation (section 14(3)(a)).
4. Please send me, within [5 (FIVE)] business days of receiving this notice:
(a) written confirmation that you have received this notice and of the date on which the cancellation takes effect;
(b) a final statement of account up to the cancellation date;
(c) if you intend to charge a cancellation penalty, the amount and a written breakdown of how it was calculated. Any penalty must be reasonable, taking into account the factors in regulation 5(2) of the Consumer Protection Act Regulations, 2011 (including the amount already paid, the value of goods I keep or return, the length of notice I gave and the remaining term), and it may not have the effect of negating my right to cancel (regulation 5(3));
(d) confirmation of any amount that remains my property and will be credited to me (section 14(3)(b)(ii));
(e) instructions for returning any equipment that belongs to you [IF APPLICABLE].
5. Please stop all debit orders and other charges on this account after the final amount for the period up to the cancellation date has been collected. No charges after [CANCELLATION DATE] are authorised.
6. If you do not confirm the cancellation, or charge a penalty that is not reasonable, I will refer the matter to the Consumer Goods and Services Ombud or the National Consumer Commission [OR THE OMBUD FOR YOUR INDUSTRY] without further notice.
Yours faithfully,
______________________________
[YOUR FULL NAME]
Enclosures (copies):
1. Agreement / contract dated [DD/MM/YYYY] [IF AVAILABLE]
2. Latest invoice or statement
NOTES BEFORE SENDING — delete this part
Count 20 business days from the day the supplier receives your notice: do not count that day, count the last day, and skip Saturdays, Sundays and public holidays (Consumer Protection Act, s.2(6)).
Send it in a way you can prove: e-mail to the supplier's official cancellations address and keep the sent e-mail; if you also post or deliver it, keep the slip. The Act requires notice "in writing or other recorded manner and form".
At the end of the term you may cancel without any penalty (s.14(2)(b)(i)(aa)). The supplier must remind you 40 to 80 business days before the expiry date; if you do nothing, the agreement continues month to month (s.14(2)(c)–(d)).
Penalty: the supplier may charge a reasonable cancellation penalty for goods supplied, services provided or discounts granted on the basis that the agreement would run its full term (s.14(3)(b)(i)). It must be reasonable (regulation 5(2)) and may not cancel out your right to cancel (regulation 5(3)).
Debit order: if charges continue after the cancellation date, also instruct your bank to stop the debit order.
When section 14 does not apply: agreements between two companies or other juristic persons (s.14(1)); transactions that are credit agreements under the National Credit Act (s.5(2)(d)) — although the goods or services themselves are still covered by the Act.
Field labels in [SQUARE BRACKETS, CAPITALS] must be completed or deleted. Alternatives are separated by a slash. © Layers (layers.md), licensed under CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). Template, not legal advice.
Reply to this document or get a deadline reminder: https://layers.md/za/cpa-section-14-cancellation-letter?from=reply-za-cpa-s14-cancel