(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.
Textual Amendments
F1Word in s. 49 substituted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services Act 2012 (Consumer Credit) Order 2013 (S.I. 2013/1882), arts. 1(1), 7(2)