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    2006-11-06

ENF 10.10 The FSA's policy: applications for orders against debt avoidance

ENF 10.10.1G

When it decides whether to make an application for an order against debt avoidance, the FSA will consider all relevant factors, including the following:

  1. (1)

    the extent to which the relevant transactions involved dealings in consumers' funds;

  2. (2)

    whether it would be appropriate to petition for a winding-up order, bankruptcy order, or sequestration award, in relation to the debtor and the extent to which the transaction could properly be dealt with in that winding up, bankruptcy or sequestration;

  3. (3)

    the number of consumers or other creditors likely to be affected and their ability to make an application of this nature; and

  4. (4)

    the size of the transaction.