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.