+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. Pārskats
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Regulējums |
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Article 11 1
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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.
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Article 11 2
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2. The credit servicing agreement referred to in paragraph 1 shall provide for the following:
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(a)
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a detailed description of credit servicing activities to be carried out by the credit servicer;
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(b)
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the level of remuneration of the credit servicer or how the remuneration is to be calculated;
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(c)
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the extent to which the credit servicer can represent the credit purchaser in relation to the borrower;
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(d)
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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;
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(e)
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a clause requiring the fair and diligent treatment of the borrowers.
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Article 11 3
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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.
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Article 11 4
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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:
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(a)
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relevant correspondence with both the credit purchaser and the borrower, under the conditions provided for under applicable national law;
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(b)
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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;
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(c)
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the credit servicing agreement.
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Article 11 5
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5. Member States shall ensure that the credit servicer makes the records referred to in paragraph 4 available to competent authorities upon request.
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1.1 Atsauces
1.2 Identificētās prasības
1.3 Saistītie standarti
2. Identificētās prasības
3. Saistītie standarti
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