Related provisions for CONC 7.11.9

1 - 4 of 4 items.

Search Term(s)

Filter by Topics

Filter by Modules

Filter by Documents

Filter by Keywords

Effective Period

Similar To

To access the FCA Handbook Archive choose a date between 1 January 2001 and 31 December 2004 (From field only).

CONC 7.11.1RRP
When contacting customers, a firm must not misrepresent its authority or its legal position with regards to the debt or debt recovery process.[Note: paragraph 3.4 of DCG ]
CONC 7.11.2GRP
For example, a person misrepresents authority or the legal position if they claim to work on instructions from the courts as bailiffs or, in Scotland, sheriff officers or messengers-at-arms, or in Northern Ireland, to work on instructions from the Enforcement of Judgements Office when this is untrue.[Note: paragraph 3.5a of DCG ]
CONC 7.11.3RRP
A firm must not use official looking documents which are designed to, or are likely to, mislead a customer as to the status of the firm.[Note: paragraph 3.3a of DCG ]
CONC 7.11.4RRP
A firm must not falsely suggest or state that it is a member of a trade body or is accredited by a trade body.[Note: paragraph 3.5c (box) of DCG ]
CONC 7.11.5GRP
It is an offence under section 17 of the Legal Services Act 2007 to falsely imply that a person is entitled to carry on a reserved legal activity, for example, to conduct litigation or to appear before and address a court, or to take or use any relevant name, title or description, for example, “solicitor”.[Note: paragraph 3.5c (box) of DCG ]
CONC 7.11.6RRP
A firm must1 not suggest or state that action can or will be taken when legally it cannot be taken.[Note: paragraph 3.5b of DCG]
CONC 7.9.3GRP
(1) An example of a misleading communication in CONC 7.9.2 R is a calling card left at the customer's address which states or implies that the customer has missed a delivery and encourages the customer to make contact.[Note: paragraph 3.3d (box) of DCG](2) The clear fair and not misleading rule in CONC 3.3.1 R also applies to a firm in relation to a communication with a customer in relation to credit agreement1 or a consumer hire agreement.
CONC 7.9.12RRP
A firm must ensure that a person visiting a customer on its behalf:(1) clearly explains to the customer the purpose and intended outcome of the proposed visit; and[Note: paragraph 3.12 of DCG](2) gives the customer adequate notice of the date and likely time (at a reasonable time of day) of the visit.[Note: paragraph 3.13g of DCG]
CONC 7.9.14RRP
A firm must ensure that all persons visiting a customer's property on its behalf act at all times in accordance with the requirements of CONC 7 and do not:(1) act in a threatening manner towards a customer;(2) visit a customer at a time when they know or suspect that the customer is, or may be, particularly vulnerable;(3) visit at an inappropriate location unless the customer has expressly consented to the visit;(4) enter a customer's property without the customer's consent or
CONC 7.15.6RRP
A firm must endeavour to ensure that it does not mislead a customer as to the customer's rights and obligations.[Note: paragraph 3.15b of DCG]
CONC 7.15.7GRP
It is misleading for a firm to suggest or state that a customer may be the subject of court action for the sum of the statute barred debt when the firm knows, or reasonably ought to know, that the relevant limitation period has expired.[Note: paragraph 3.15b of DCG]
CONC 7.2.1RRP
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]