Related provisions for CONC 7.2.3
1 - 4 of 4 items.
(1) A firm must not take disproportionate action against a customer in arrears or default.[Note: paragraphs 7.14 (box) of ILG and 3.7t of DCG](2) In accordance with (1) a firm must not, in particular, apply to court for an order for sale or submit a bankruptcy petition, without first having fully explored any more proportionate options.[Note: paragraph 7.14 (box) of ILG]
A firm must not threaten to commence court action, including an application for a charging order or (in Scotland) an inhibition or an order for sale, in order to pressurise a customer in default or arrears difficulties to pay more than they can reasonably afford.[Note: paragraphs 7.14 of ILG and 3.7i (box) of DCG]
Firms seeking to recover debts under regulated credit agreements secured on land in England and Wales should have regard to the requirements of the relevant pre-action protocol (PAP) issued by the Civil Justice Council. The aims of the PAP are to ensure that a firm and a customer act fairly and reasonably with each other in resolving any matter concerning arrears, and to encourage more pre-action contact in an effort to seek agreement between the parties on alternatives to repossession.
A firm must establish and implement clear, effective and appropriate policies and procedures for:(1) dealing with customers whose accounts fall into arrears;[Note: paragraph 7.2 of ILG](2) the fair and appropriate treatment of customers, who the firm understands or reasonably suspects to be particularly vulnerable.[Note: paragraphs 7.2 and 7.2(box) of ILG and 2.2 (box) of DCG]