The Consumers Association of Ireland (CAI) has complained to the Director of Consumer Affairs, Ms Carmel Foley, about some kinds of residential mortgage documentation issued by Irish Permanent.

The CAI is concerned that customers are being asked to waive their protective rights under Section 46 of the Consumer Credit Act. The protection prevents creditors visiting places of work and private residences between the hours of 9 p.m. and 9 a.m. It also prohibits discussion of credit with relatives and employers, the CAI says. Designed to stop intimidation of people in arrears, the rights were originally aimed at moneylenders in particular.

Irish Permanent's documentation asks customers to agree that the company and its servants or agents may visit or telephone the customer and any member of their family at their home, visit or telephone the customer at their place of employment or business and visit or telephone their employers.

The CAI says that the implications of signing the consent are not explained in the Irish Permanent documentation, allowing the company to bypass Section 46.

"While Irish Permanent are within their legal rights in doing so, there appears to be no explanation of the crucial nature of Section 46 given on the documentation," it says.

A spokesman for Irish Permanent said the company had had such a clause for a couple of years and had never had a complaint. "But in light of the remarks, we will be looking again at the documentation to see if any changes are appropriate."

The CAI is also concerned about a clause in Irish Permanent's documentation which allows the company to process information given on mortgage forms on computer for all relevant business purposes, including marketing.

"This means there are no Chinese walls between highly sensitive mortgage applications and other aspects of group activity," says Mr Eddie Hobbs, finance spokesman for the CAI.