(a)

a credit servicer fails to comply with the requirement set out in the national provisions transposing Article 11 or enters into an outsourcing agreement infringing the national provisions transposing Article 12 or the credit service provider to whom the credit servicing activities were outsourced commits a serious infringement of the applicable legal provisions, including the national provisions transposing this Directive;

(b)

a credit servicer’s governance arrangements and internal control mechanisms as set out in Article 5(1), point (e), fail to ensure respect for borrower rights and compliance with personal data protection rules;

(c)

a credit servicer’s policy is inadequate for the proper treatment of borrowers as set out in Article 5(1), point (f);

(d)

a credit servicer’s internal procedures as set out in Article 5(1), point (g), fail to provide for the recording and handling of complaints from borrowers according to the obligations set out in the national provisions transposing this Directive;

(e)

a credit purchaser or, where applicable, its representative designated in accordance with Article 19 fails to communicate the information provided for by national provisions transposing Articles 18 and 20;

(f)

a credit purchaser or, where applicable, its representative designated in accordance with Article 19 fails to comply with the requirement of the national provisions transposing Article 17;

(g)

a credit purchaser fails to comply with the requirement of the national provisions transposing Article 19;

(h)

a credit institution fails to communicate the information set out in the national provisions transposing Article 15;

(i)

a credit servicer allows one or more persons not complying with the requirements set out in Article 5(1), point (b), to become or remain a member of its management or administrative organ;

(j)

a credit servicer fails to comply with the requirements set out in the national provisions transposing Article 24;

(k)

a credit purchaser or, where applicable, credit servicers or any entity mentioned under Article 2(5), point (a)(i) or (iii), fails to comply with national provisions transposing Article 10;

(l)

a credit servicer receives and holds funds from borrowers when this is not permitted in a Member State in accordance with Article 6(1), point (b);

(m)

a credit servicer fails to comply with the requirements set out in the national provisions transposing Article 6(2).

(a)

a withdrawal of an authorisation to carry out activities as a credit servicer;

(b)

an order requiring the credit servicer or credit purchaser or, where applicable, its representative designated in accordance with Article 19 to remedy the infringement, and to cease the conduct and to desist from a repetition of that conduct;

(c)

administrative pecuniary penalties.

(a)

the gravity and the duration of the infringement;

(b)

the degree of responsibility of the credit servicer or credit purchaser or, where applicable, its representative designated in accordance with Article 19, responsible for the infringement;

(c)

the financial strength of the credit servicer or credit purchaser responsible for the infringement, including by reference to the total turnover of a legal person or the annual income of a natural person;

(d)

the importance of profits gained or losses avoided because of the infringement by the credit servicer or credit purchaser or, where applicable, its representative designated in accordance with Article 19, responsible for the infringement, insofar as those profits or losses can be determined;

(e)

the losses caused to third parties by the infringement, insofar as those losses can be determined;

(f)

the level of cooperation by the credit servicer or credit purchaser responsible for the infringement with the competent authorities;

(g)

previous infringements by the credit servicer or credit purchaser or, where applicable, its representative designated in accordance with Article 19, responsible for the infringement;

(h)

any actual or potential systemic consequences of the infringement.