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Prescribed manner and means of communications between licensees and designated credit bureau

Moneylenders Rules 2009

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—(1) The designated credit bureau must provide an electronic service for —(a)the submission of information, requests and declarations by licensees to the designated credit bureau under the following sections of the Act:(i)section 66(3), (5)(a) and (7)(a)(i) and (ii) and (b);(ii)section 66A(5)(a) and (6); and(b)the delivery of credit reports by the designated credit bureau to licensees under section 74(1)(b) and (3)(a) of the Act.(2) For the purposes of the electronic service, the designated credit bureau must assign to every licensee —(a)an authentication code; and(b)an account with the electronic service.(3) Every licensee must submit any information, request or declaration mentioned in paragraph (1)(a) to the designated credit bureau by transmitting an electronic record of the information, request or declaration to the designated credit bureau through the electronic service.(4) The information, request or declaration is treated as having been submitted at the time when the electronic record is capable of being retrieved by the designated credit bureau.(5) The designated credit bureau must deliver any credit report to the licensee who has requested for it by transmitting an electronic record of the credit report to the licensee’s account with the electronic service.(6) The credit report is treated as having been delivered at the time when the electronic record of the credit report enters the licensee’s account with the electronic service. (7) Despite paragraphs (3) and (5), in the event of any failure or unavailability of or interruption of service affecting the electronic service, and during the period of such failure, unavailability or interruption —(a)the information, request or declaration required to be submitted by a licensee to the designated credit bureau must be submitted by sending the information, request or declaration —(i)by email to the email address of the designated credit bureau; or(ii)by fax to the fax number of the designated credit bureau; and(b)the credit report required to be delivered by the designated credit bureau to a licensee must be delivered by sending the credit report —(i)by email to the email address of the licensee; or(ii)by fax to the fax number of the licensee.(8) The submission of any information, request or declaration under paragraph (1)(a) or delivery of any credit report under paragraph (1)(b) by email takes effect —(a)if the information, request, declaration or credit report is sent by email — at the time that the email becomes capable of being retrieved by the intended recipient of the email; or(b)if the information, request, declaration or credit report is sent by fax — at the time a notification of successful transmission is received by the sender. (9) For the purposes of section 78(4) of the Act —(a)the prescribed means mentioned in that provision is by sending a request to conduct an investigation relating to borrower information (called in this rule an investigation request) —(i)by ordinary or registered post to the principal place of business of the licensee in question; or(ii)by email to the email address of the licensee in question; and(b)the prescribed time mentioned in that provision is —(i)3 business days after the sending of the investigation request by ordinary or registered post; or(ii)one business day after the sending of the investigation request by email.(10) In this rule —“account with the electronic service”, in relation to any licensee, means a computer account within the electronic service that is assigned by the designated credit bureau to the licensee for the storage and retrieval of electronic records relating to the licensee;“authentication code”, in relation to any licensee, means an identification or identifying code, a password or any other authentication method or procedure that is assigned to the licensee for the purposes of identifying and authenticating the access to and use of the electronic service by the licensee;“electronic record” has the meaning given by section 2(1) of the Electronic Transactions Act 2010;“email address” —(a)in relation to the designated credit bureau — means the last email address given by the designated credit bureau to the licensee concerned as the email address for the submission of information, requests or declarations; or(b)in relation to a licensee — means the last email address given by the licensee to the designated credit bureau for the delivery of credit reports or the service of investigation requests;“fax number” —(a)in relation to the designated credit bureau — means the last fax number given by the designated credit bureau to the licensee concerned as the fax number for the submission of information, requests or declarations; or(b)in relation to a licensee — means the last fax number given by the licensee to the designated credit bureau as the fax number for the delivery of credit reports.

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