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2 Demands and threats regarding payment.E+W+S

(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 [F2level 5 on the standard scale].

Textual Amendments

F1Words in s. 2(1) inserted (31.10.2000) by S.I. 2000/2334, reg. 22(3)