Article 10
Relationship with the borrower, communication of the transfer and subsequent communications
1. Member States shall require that credit purchasers and credit servicers, in their relationships with borrowers:
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(a) |
act in good faith, fairly and professionally; |
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(b) |
provide information to borrowers that is not misleading, unclear or false; |
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(c) |
respect and protect the personal information and privacy of borrowers; |
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(d) |
communicate with borrowers in a way that does not constitute harassment, coercion or undue influence. |
2. Member States shall ensure that, after any transfer of a creditor’s rights under a non-performing credit agreement, or of the non-performing credit agreement itself, to a credit purchaser, and always in advance of the first debt collection, but also whenever requested by the borrower, the credit purchaser or, when appointed to perform credit servicing activities, the entity referred to in Article 2(5), point (a)(i) or (iii), or the credit servicer, sends to the borrower a communication, on paper or on another durable medium, that includes at least the following:
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(a) |
information on the transfer that took place, including the date of transfer; |
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(b) |
the identification and contact details of the credit purchaser; |
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(c) |
when appointed, the identification and contact details of the credit servicer or of the entity referred to in Article 2(5), point (a)(i) or (iii); |
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(d) |
when appointed, evidence regarding the authorisation of a credit servicer granted pursuant to Article 7; |
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(e) |
where relevant, the identification and contact details of the credit service provider; |
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(f) |
presented in a prominent way, a contact reference point at the credit purchaser or, when appointed to perform credit servicing activities, at the entity referred to in Article 2(5), point (a)(i) or (iii), or at the credit servicer and, where relevant, at the credit service provider, from which to receive information when needed; |
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(g) |
information on the amounts due by the borrower at the time of the communication, detailing what is due as capital, interests, fees and other permitted charges; |
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(h) |
a statement to the effect that all relevant Union and national law concerning in particular the enforcement of contracts, consumer protection, borrower’s rights and criminal law continues to apply; |
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(i) |
the name, address and contact details of the competent authorities of the Member State in which the borrower is domiciled, or its registered office is situated or, if under its national law it has no registered office, the Member State in which its head office is situated and to which the borrower can submit a complaint. |
The communication provided for in the first subparagraph shall be written in language which is clear and understandable for the general public.
3. Member States shall ensure that, in all subsequent communications with the borrower, the credit purchaser or, when appointed to perform credit servicing activities, the entity referred to in Article 2(5), point (a)(i) or (iii), or the credit servicer, includes the information set out in paragraph 2, point (f) of this Article, except where it is the first communication after the appointment of a new credit servicer, in which case the information set out in paragraph 2, points (c) and (d) of this Article, shall also be included.
4. Paragraphs 2 and 3 shall be without prejudice to any additional requirements regarding communications provided for in other applicable Union or national law.