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Article 4 Demands and threats regarding payment

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A person who, not having reasonable cause to believe that 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 coming into operation of this Article) to another person with a view to his acquiring themF1 for the purposes of his trade or business, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceedingF2 level 4 on the standard scale.

(2)

A person who, not having reasonable cause to believe that 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

SI 2000/2334

F2

1984 NI 3