8 Amendments of Rolandas PAKSAS related to 2011/0062(COD)
Amendment 58 #
Proposal for a directive
Recital 22
Recital 22
(22) The consumer may still need additional assistance in order to decide which credit agreement, within the range of products proposed, is the most appropriate for his needs and financial situation. Creditors, and, where the transaction is through a credit intermediary, credit intermediaries should provide such assistance in relation to the credit products which they offer to the consumer, without thereby increasing the cost of the credit. The relevant information, as well as the essential characteristics of the products proposed, should therefore be explained to the consumer in a personalised manner so that the consumer can understand the effects which they may have on his economic situation. Member States could determine when and to what extent such explanations are to be given to the consumer, taking into account the particular circumstances in which the credit is offered, the consumer’s need for assistance and the nature of individual credit products.
Amendment 59 #
Proposal for a directive
Recital 27
Recital 27
(27) Consultation of a credit database is a useful element in the assessment of creditworthiness. Only data concerning financial obligations should be stored in credit databases, and such data should not be used for commercial purposes. Some Member States require creditors to assess the creditworthiness of consumers on the basis of a consultation of the relevant database. Creditors should also be able to consult the credit database over the lifetime of the loan in order to identify and assess the potential for default. In the event that such a potential is evident or objectively demonstrated, the creditor should contact the consumer to discuss the different options to avoid the possibility of default, such as a rescheduling of the loan. In any event, the creditor should not consider withdrawing the credit without having first explored all possible alternatives with the consumer to avoid default. Pursuant to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, consumers should be informed by creditors of the consultation of the credit database prior to its consultation, and should have the right to access the information held on them in such a credit database in order to, where necessary, rectify, erase or block the personal data concerning them processed therein where it is inaccurate or has been unlawfully processed.
Amendment 113 #
Proposal for a directive
Recital 31
Recital 31
(31) In order to be in a position to understand the nature of the service, consumers should be made aware of what constitutes a personalised recommendation on suitableto a given consumer in respect of one or more transactions relating to credit agreements for that consumer's needs and financial situationbest suit his needs (‘advice’) and when it is being provided and when it is not. Those providing advice should comply with general standards in order to ensure that the consumer is presented with a range of products suitable for his needs and circumstances. That service should be based on a fair and sufficiently wide-ranging analysis of the products available on the market, and on a close inspection of the consumer's financial situation, preferences and objectives. Such an assessment should be based on up-to- date information and reasonable assumptions on the consumer's circumstances during the lifetime of the loan. Member States may clarify how the suitability of a given product for a consumer should be assessed in the context of the provision of advice.
Amendment 146 #
Proposal for a directive
Article 3 – paragraph 1 – point o
Article 3 – paragraph 1 – point o
(o) ‘Creditworthiness assessment’ means the evaluation of a consumer's ability to meet his debt obligationsll relevant factors known to the creditor at the time of the application to determine whether or not the consumer will be able to repay the credit.
Amendment 230 #
Proposal for a directive
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
Amendment 324 #
Proposal for a directive
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) ‘Staff’ means any employees of the creditor or credit intermediary having contacts with consumers and who are engaged in the activities covered by this Directive.
Amendment 332 #
Proposal for a directive
Article 3 – paragraph 1 – point o
Article 3 – paragraph 1 – point o
(o) ‘Creditworthiness assessment’ means the evaluation of a consumer’s ability to meet his debt obligationsll relevant factors known to the creditor at the time of the application to determine whether or not the prospective borrower will be able to repay the credit.
Amendment 338 #
Proposal for a directive
Article 3 – paragraph 1 – point r a (new)
Article 3 – paragraph 1 – point r a (new)
(ra)’Advice’ means the provision of a personalised recommendation to a given consumer in respect of one or more transactions relating to credit agreements that best suit his needs.