Part IV Seeking Business

Canvassing etc.

49 Prohibition of canvassing debtor-creditor agreements off trade premises.

1

It is an offence to canvass debtor-creditor agreements off trade premises.

2

It is also an offence to solicit the entry of an individual (as debtor) into a debtor-creditor agreement during a visit carried out in response to a request made on a previous occasion, where—

a

the request was not in writing signed by or on behalf of the person making it, and

b

if no request for the visit had been made, the soliciting would have constituted the canvassing of a debtor-creditor agreement off trade premises.

3

Subsections (1) and (2) do not apply to any soliciting for an agreement enabling the debtor to overdraw on a current account of any description kept with the creditor, where—

a

the F1FCA has determined that current accounts of that description kept with the creditor are excluded from subsections (1) and (2), and

b

the debtor already keeps an account with the creditor (whether a current account or not).

4

A determination under subsection (3)(a)—

a

may be made subject to such conditions as the F1FCA thinks fit, and

b

shall be made only where the F1FCA is of opinion that it is not against the interests of debtors.

5

If soliciting is done in breach of a condition imposed under subsection (4)(a), the determination under subsection (3)(a) does not apply to it.