Each of these is a refusal this regime lets a counterparty attempt, paired with the answer to it. Reading them before you write is worth more than any amount of polish on the letter itself.
"Your 14 days expired long ago"
high likelihoodThe trader counts 14 days from sign-up and refuses.
What answers it
Article 10(1) extends the period by 12 months where the trader did not give the Article 6(1)(h) information on the right of withdrawal — how to exercise it, the model form, the deadline. Ask the trader to produce the exact text it says it gave you and when. If it cannot, you have 12 months and 14 days, and Article 10(2) restarts a fresh 14 days from the day it finally tells you.
Consumer Rights Directive, Article 10 — Art. 10(1) — where the trader has not provided the Art. 6(1)(h) information on the right of withdrawal, the withdrawal period expires 12 months after the end of the initial 14-day period
"You started using the service, so you lost the right to withdraw"
high likelihoodThe trader relies on Article 16(m) for digital content or Article 16(a) for completed services.
What answers it
Those exceptions are conditional and traders routinely fail the conditions. For digital content not supplied on a tangible medium, Article 16(m) requires performance to have begun with the consumer's prior express consent AND their acknowledgment that the right of withdrawal is thereby lost AND the trader to have provided confirmation under Article 8(7). For services, Article 16(a) requires full performance begun with prior express consent and acknowledgment. A continuing subscription is by definition not fully performed. Ask which condition the trader says was met and when.
Consumer Rights Directive, Article 9 — Art. 9(1) — 14 days to withdraw from a distance or off-premises contract without giving any reason and without incurring any cost; Art. 9(2) — the period runs from conclusion for services and from physical possession for goods
"We will refund the unused portion only"
high likelihoodThe trader offers a pro-rated refund for the period after cancellation.
What answers it
Article 14(4)(a) provides that the consumer bears no cost for services supplied during the withdrawal period where the trader failed to give the Article 6(1)(h) or (j) information or where the consumer did not expressly request performance to begin. Where either applies, the correct reimbursement is the whole of what was paid.
Consumer Rights Directive, Article 14(4) — Art. 14(4)(a) — the consumer bears no cost for services performed during the withdrawal period where the trader failed to give the Art. 6(1)(h) or (j) information, or where the consumer did not expressly request performance to begin; Art. 14(4)(b) for digital content
"You agreed to our terms, which say renewals are non-refundable"
high likelihoodThe trader relies on its own contract terms.
What answers it
Article 25 makes any contractual term waiving or restricting the rights derived from the Directive not binding on the consumer, and the Unfair Contract Terms Directive 93/13/EEC independently strikes down terms that create a significant imbalance to the consumer's detriment. A non-refundability clause cannot displace Article 9.
Directive 2011/83/EU (Consumer Rights Directive)