Requirement Notice
RESTRICTED - REGULATORY
REQUIREMENTS IMPOSED BY THE OFFICE OF FAIR TRADING
(uthe OFT") PURSUANT TO SECTION 33A AND SECTION
33D(4) OF THE CONSUMER CREDIT ACT 1974 r'the Act'')
REQUIREMENTS PROPOSED BY AND RELATING TO:
National Westminster Bank pic (company number 00929027) which holds
licence numbered 0003904 ("NatWest") and whose registered office
address is at 135 Bishopsgate, London, EC2M 3UR.
THE OFT REQUIRES THAT:
1 .
Where Nat West proposes to vary, replace or cease to follow the
policies, procedures, practices or processes it has disclosed in
writing to the OFT which relate to the circumstances in which it will
apply for charging orders and orders for sale in respect of debts
owed to it by individuals under consumer credit agreements
("Customers") it will for a period of three years from the date of
these requirements provide to the OFT details of such proposals at
least one month prior to the variation, replacement or cessation
coming into effect.
2.
NatWest will not take steps to obtain a charging order (interim or
final) or an order for sale in relation to a sum owed to it by a
Customer unless it has, from time to time, before the Court makes
such an order considered whether the steps it proposes to take are
appropriate and reasonable having regard to the interests of both
NatWest and the Customer and it will in particular (but without
limitation) take account of:
2.1
the extent to which such Customer has engaged with NatWest
or its agents to try to agree a repayment plan and the extent
to which such Customer has made payments in accordance
with such a plan;
2.2
the personal and financial circumstances of the Customer,
including the value of his or her assets, to the extent known to
NatWest or to the extent they would have been known to
NatWest had it made reasonable enquiries of the Customer or
his or her appointed representative;
2.3
the amount of the sum owed;
2.4
the length of time that the sum has been owed by the
Customer to NatWest; and
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RESTRICTED - REGULATORY
2.5
whether it is reasonable for NatWest to take alternative steps
to recover the sum due.
3.
NatWest or its agent (as the case may be) will, where a charging
order (interim or final) or an order for sale is sought against a
Customer, include in the relevant customer/account file a note that
evidences the review undertaken by NatWest or its agents in
accordance with requirement 2 and the matters it has taken into
account when deciding to apply for a charging order (interim or final)
or an order for sale, and NatWest will upon request make such note
available to the OFT.
ANY FAILURE TO COMPLY WITH THE ABOVE REQUIREMENTS WILL
RENDER NATIONAL WESTMINSTER BANK PLC LIABLE TO FURTHER
FORMAL ACTION BY THE OFT. THIS COULD INCLUDE THE IMPOSITION
OF FINANCIAL PENAL TIES PURSUANT TO SECTION 39A OF THE ACT
AND/OR THE REVOCATION OF NATIONAL WESTMINSTER BANK PLC'S
CONSUMER CREDIT LICENCE PURSUANT TO SECTION 32 OF THE ACT.
Authorised signatory on behalf of OFT ....... .. j~J.. .L
(David Fisher - Director of Consumer Credit)
IO 1., I~ 613
Date: ............... /.• ............................... .
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