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Section 2 Demands and threats regarding payment.

England, Wales and Scotland

(1)

A person who, not having reasonable cause to believe there is a right to payment, in the course of any trade or business makes a demand for payment, or asserts a present or prospective right to payment, for what he knows are unsolicited goods sent (after the commencement of this Act) to another person with a view to his acquiring them F1for the purposes of his trade or business, shall be guilty of an offence and on summary conviction shall be liable to a fine not exceeding F2level 4 on the standard scale.

(2)

A person who, not having reasonable cause to believe there is a right to payment, in the course of any trade or business and with a view to obtaining any payment for what he knows are unsolicited goods sent as aforesaid—

(a)

threatens to bring any legal proceedings; or

(b)

places or causes to be placed the name of any person on a list of defaulters or debtors or threatens to do so; or

(c)

invokes or causes to be invoked any other collection procedure or threatens to do so,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Annotations

Textual amendments

F1

Words in s. 2(1) inserted (31.10.2000) by S.I. 2000/2334, reg. 22(3)

F2

Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G