+Article 11 Contractual relationship between a credit servicer and a credit purchaser
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Article 11 Contractual relationship between a credit servicer and a credit purchaser

1. Forbhreathnú

,
Article 11 1

1.   When a credit purchaser does not itself perform credit servicing activities, Member States shall ensure that the appointed credit servicer provides its services in respect of the management and enforcement of a creditor’s rights under a non-performing credit agreement, or of the non-performing credit agreement itself, on the basis of a credit servicing agreement with the credit purchaser.
Article 11 2

2.   The credit servicing agreement referred to in paragraph 1 shall provide for the following:

(a)

a detailed description of credit servicing activities to be carried out by the credit servicer;

(b)

the level of remuneration of the credit servicer or how the remuneration is to be calculated;

(c)

the extent to which the credit servicer can represent the credit purchaser in relation to the borrower;

(d)

an undertaking by the parties to comply with the Union and national law applicable to a creditor’s rights under a credit agreement, or to the credit agreement itself, including in respect of consumer and data protection;

(e)

a clause requiring the fair and diligent treatment of the borrowers.
Article 11 3

3.   Member States shall ensure that the credit servicing agreement referred to in paragraph 1 contains a requirement pursuant to which the credit servicer notifies the credit purchaser prior to outsourcing any of its credit servicing activities.
Article 11 4

4.   Member States shall ensure that the credit servicer keeps and maintains the following records for at least 5 years from the date on which the credit servicing agreement referred to in paragraph 1 is terminated, or for the duration of the statutory limitation period applicable in the home Member State, but in either case for a period of no longer than 10 years:

(a)

relevant correspondence with both the credit purchaser and the borrower, under the conditions provided for under applicable national law;

(b)

relevant instructions received from the credit purchaser in respect of a creditor’s rights under each non-performing credit agreement, or the non-performing credit agreement itself, that it manages and enforces on behalf of that credit purchaser, under the conditions provided for under applicable national law;

(c)

the credit servicing agreement.
Article 11 5

5.   Member States shall ensure that the credit servicer makes the records referred to in paragraph 4 available to competent authorities upon request.

1.1 Tagairtí

1.2 Ceanglais aitheanta

1.3 Caighdeáin ghaolmhara

2. Ceanglais aitheanta

Ceanglais

3. Caighdeáin ghaolmhara

Caighdeáin