PART 3Mental health crisis moratorium
Cancellation of mental health crisis moratorium34
1
Subject to paragraph (2), a debt advice provider must cancel a mental health crisis moratorium if—
a
the debt advice provider considers that the evidence from an approved mental health professional referred to in regulation 29(2)(b) contains inaccurate, misleading or fraudulent information, or
b
the debtor requests that the debt advice provider cancels the moratorium.
2
A debt advice provider is not required to cancel a mental health crisis moratorium if the debtor’s personal circumstances would make the cancellation unfair or unreasonable.
3
Paragraph (2) does not apply in circumstances where the debtor requests that the debt advice provider cancels the mental health crisis moratorium in accordance with paragraph (1).
4
In order to cancel a mental health crisis moratorium, a debt advice provider must—
a
consult the debtor prior to doing so to the extent that the debt advice provider is able to do so, and
b
notify the Secretary of State and the debtor of the cancellation.
5
Where the Secretary of State receives a notification under paragraph (4)(b), the Secretary of State must, by the end of the following business day—
a
cause an entry to be made on the register, and
b
send a notification of the cancellation of the moratorium to each creditor and agent in respect of whom the cancellation takes effect.
6
Paragraph (5) is subject to regulation 38.
7
The cancellation takes effect on the day following the day on which the Secretary of State causes an entry to be made on the register in accordance with paragraph (5)(a).
8
A notification sent to a creditor or agent in accordance with paragraph (5)(b) must—
a
state the reason for the cancellation, and
b
specify the date on which the cancellation takes effect.