In another thread I was challenged as to who I worked for. My reponse was that I previously worked for a company that like BASC was regulated by the Financial Conduct Authority.
So reminded of the interventions offered to consumers and customers by the FCA I contacted them and had a interesting telephone conversation. Had I not been reminded of my past connection through the company I previously worked for and the role of the FCA I'd not have remembered such a thing.
Anyway I have been told by the Financial Conduct Authority that a person if they think that they are subject to an "unfair contract term" in relation to a product of service may ask that the FCA's own dedicated Unfair Contract Terms Unit look at the matter.
They, the FCA sent me the relevant link where indeed it says that "They consider every single report of an unfair or unclear term referred to us. We appreciate the time and effort spent by consumers in identifying potentially unfair contract terms in consumer contracts. Past reports of unfair contract terms have led us to: Ask firms to stop using and/or change the terms; Publish some actions; such as undertakings from firms about unfair term; Obtain redress for consumers."
Redress would be usually financial redress such as a payment to the consumer of customer by the firm they have complained about to the FCA Unfair Contract Terms Unit.
The the link the FCA sent me in that email is here:
Financial businesses can't enforce unfair or unclear terms in their contracts with you. If you think that a contract term is unfair or unclear, please report it to us by completing the form below.
www.fca.org.uk
It is a fill in when prompted process and asks for the person using the service to fill in the various boxes as they proceed through the form.
I have written thus on my submission:
What is the name of the firm?
BASC - FCA #311937
What is the title of the contract?
Terms and Conditions - "Rules and Constitution of the Association"
If possible, please send us a copy of the contract.
Can be downloaded by clicking on "Constitution" in this link:
Membership Terms and Conditions | The British Association for Shooting and Conservation
Please give details of the exact term(s) in the contract you believe is unfair.
3. Membership. Section (k) as it applies to section (j). That if a member dies, or resigns and therefore they cease (section (j)) to be a Member of the Association that under section (k) that says that " member shall on ceasing to be a member of this Association for WHATEVER CAUSE forfeit his share
and the sum paid up".
Please explain why you think the term(s) is unfair.
Essentially the Member as they cease to enjoy any benefit on ceasing to be a Member there is no cost to BASC that continues to be incurred. Therefore as many will have joined for an insurance and/or advice then only actual "time on risk" should be allowed to be kept back by the Association from the money paid up front by the member.
Please explain how you or the person you represent have been affected by the term(s).
On 31 July 2020 BASC ceased to offer as a feature and benefit of membership "legal expenses cover". That is cover that if a Member's Gun Licence was revoked by the police authorities, or the police authorities declined to renew that Gun Licence that BASC would if there was merit take that police authority to Court and AS ALLOWED BY THE RELEVANT LAW IN s44 OF THE FIREAMS ACT (
Firearms Act 1968 ) have a Judge decide the matter. The decision of BASC to rescind that feature and benefit of membership (
Important notice regarding firearms licensing legal expenses insurance | The British Association for Shooting and Conservation ) was made without consultation of the Members or membership.
Please give details of any discussions you or the person you represent have had with the firm about this matter.
The persons affected have asked that as this feature and benefit was a major reason...for some the only or sole reason for joining...that they be allowed to cancel and that they be pro-rata refunded the remaining term of months left on their membership. They report that this has been refused to them by BASC. These Members argue that as the "product" the bought is now not the "product" that they are now entitled to make use of that the contract has been altered and therefore they are entitled to a refund.
That's essentially the process that you could use. The form also asks for any correspondence between yourself and BASC to be uploaded if you have any and then will ask for your details so that the FCA can, if they need to, contact you back.
I hope that BASC Members who have cancelled or who are thinking of cancelling now that the legal expenses insurance feature and benefit of membership has been rescinded might find it helpful to use to seek the advice of the FCA? And I'm glad having been directly reminded of this in a response to me in another thread to share what the FCA can offer to consumers and customers.
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