Response to consultation on Guidelines on the establishment and maintenance of national lists or registers of credit servicers
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The justification that this is done since the EBA’s payment and e-money institutions register indefinitely includes institutions whose authorisation has been withdrawn is not the right parallel to be drawn, since in these cases they are banking licences. Credit servicers, however, are not issuing loans or credits and are not payment institutions, but their main activity under the scope of the NPL Directive is to agree with the debtor an instalment plan that takes into account the financial capacities of the debtor to amicably repay their debt.
There is thus also no necessity to keep this information in the register for borrowers (who are in fact debtors), since by definition, a credit servicer issuing the request to a debtor to pay his debt that is not in the register is not legitimate, and thus the borrower/debtor can ignore them.
Question 1: Do you have any comments on the information on credit servicers to be included in the lists or registers as proposed in Guideline 4.1
Regarding point 11. Authorisation: FENCA holds the register should only include authorised credit servicers and delete credit servicers that have subsequently been de-authorised.The justification that this is done since the EBA’s payment and e-money institutions register indefinitely includes institutions whose authorisation has been withdrawn is not the right parallel to be drawn, since in these cases they are banking licences. Credit servicers, however, are not issuing loans or credits and are not payment institutions, but their main activity under the scope of the NPL Directive is to agree with the debtor an instalment plan that takes into account the financial capacities of the debtor to amicably repay their debt.
There is thus also no necessity to keep this information in the register for borrowers (who are in fact debtors), since by definition, a credit servicer issuing the request to a debtor to pay his debt that is not in the register is not legitimate, and thus the borrower/debtor can ignore them.