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PART 1General provisions

Contact between creditor or agent and debtor during a moratorium

11.—(1) During a moratorium period neither a creditor nor the creditor’s agent must contact a debtor in relation to the enforcement of a moratorium debt, including to demand payment or as a precursor to starting any legal proceedings against the debtor in connection with the moratorium debt, save as provided for in paragraph (2).

(2) This regulation does not prevent a creditor or an agent during a moratorium period from contacting or engaging with—

(a)a debtor’s debt advice provider regarding a moratorium debt or a debt solution in respect of the debtor,

(b)a debtor—

(i)for purposes unrelated to a moratorium debt including in relation to ongoing liabilities or non-eligible debt,

(ii)at the debtor’s request regarding a moratorium debt or a debt solution,

(iii)in response to a query or complaint raised by the debtor,

(iv)in relation to any action or legal proceedings in a court or tribunal permitted under regulation 10, or

(v)if the creditor or agent is otherwise required to do so under—

(aa)the Consumer Credit Act 1974(1), or

(bb)any rules made under Part 9A of FSMA(2).

(2)

2000 c. 8. Section 137A was substituted by section 24 of the Financial Services Act 2012 (c. 21), section 24(1) and amended by S.I. 2018/1115, regulation 7(6).