Related provisions for CONC 7.6.3

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(1) In relation to debt collecting and debt administration, the definition of customer refers to an individual from whom the payment of a debt is sought; this would include where a firm mistakenly treats an individual as the borrower under an agreement and mistakenly or wrongly pursues the individual for a debt.[Note: paragraph 1.12 of DCG](2) In relation to debt collecting and debt administration, the definitions of customer and borrower are given extended meanings to include,
When dealing with customers in default or in arrears difficulties a firm should pay due regard to its obligations under Principle 6 (Customers’ interests) to treat its customers fairly.[Note: paragraphs 7.12 of ILG and 2.2 of DCG]
A firm must treat customers in default or in arrears difficulties with forbearance and due consideration.[Note: paragraphs 7.3 and 7.4 of ILG and 2.2 of DCG]
Where a customer is in default or in arrears difficulties, a firm should allow the customer reasonable time and opportunity to repay the debt.[Note: paragraph 2.2 of DCG]
An example of where a firm is likely to contravene Principle 6 and CONC 7.3.4 R is where the firm does not allow for alternative, affordable payment amounts to repay the debt due in full, where the customer is in default or arrears difficulties and the customer makes a reasonable proposal for repaying the debt or a debt counsellor or another person acting on the customer's behalf makes such a proposal.[Note: paragraphs 7.16 of ILG and 3.7j of DCG]
A firm must not operate a policy of refusing to negotiate with a customer who is developing a repayment plan.[Note: paragraph 3.9d (box) of DCG]
CONC 7.3.10RRP
A firm must not pressurise a customer:(1) to pay a debt in one single or very few repayments or in unreasonably large amounts, when to do so would have an adverse impact on the customer's financial circumstances;[Note: paragraph 7.18 of ILG](2) to pay a debt within an unreasonably short period of time; or[Note: paragraphs 3.7i of DCG and 7.18 of ILG](3) to raise funds to repay the debt by selling their property, borrowing money or increasing existing borrowing.[Note: paragraph
CONC 7.3.15GRP
A firm should not make undue, excessive or otherwise unfair use of statutory demands (within the meaning of section 268 of the Insolvency Act 1986) when seeking to recover a debt from a customer.[Note: paragraphs 7.10 of ILG and 3.7n of DCG]
Whether exercising rights under a continuous payment authority is reasonable, proportionate and not excessive (as regards the frequency or period of collection attempts), will depend on the circumstances, including:(1) whether the firm is aware or has reason to believe that the customer is in actual or potential financial difficulties which the exercise of rights under a continuous payment authority may exacerbate; and(2) whether the customer has been notified of the failure to
When contacting a customer:(1) a firm must ensure that it does not act in a way likely to be publicly embarrassing to the customer; and(2) a firm must take reasonable steps to ensure that third parties do not become aware that the customer is being pursued in respect of a debt[Note: paragraph 3.7q of DCG].
When levying charges for debt recovery on customers in default or arrears difficulties firms should consider their obligation under Principle 6 to pay due regard to the interests of customers and treat them fairly.[Note: paragraphs 3.1 and 3.10 of DCG]
A firm dealing with a customer who is resident in a different jurisdiction to the jurisdiction of the firm's place of business must ensure that it takes appropriate account of any differences in law and court procedure that may have a significant impact on the customer's rights.[Note: paragraph 2.3 of DCG]
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]
CONC 7.12.3GRP
(1) CONC 1.2.2 R requires a firm to ensure its employees and agents comply with CONC and that it takes reasonable steps to ensure other persons who act on its behalf do so. This rule would apply where a debt collector acts as agent or on behalf of a lender.(2) Situations where it may be justified for a firm to refuse to deal with a person acting on behalf of a customer may include, for example, refusing to deal with that person where the firm is able to show that the person has