A request for information or evidence under (1) must be proportionate and limited to what is necessary to conduct a proper affordability assessment.
A request for information or evidence under (1) may be made directly or through an MCD mortgage credit intermediary. The MCD mortgage lender or the MCD mortgage credit intermediary, if requesting on behalf of the MCD mortgage lender, must:
ensure the consumer is aware of the need to provide correct information in response to the request and that such information is as complete as necessary to conduct a proper assessment of affordability; and
warn the consumer that, where the MCD mortgage lender is unable to carry out an assessment of affordability because the consumer chooses not to provide the information or evidence necessary for an assessment of affordability, the credit cannot be granted.
The MCD mortgage lender may seek clarification, directly or through an MCD mortgage credit intermediary, of the information or evidence received in response to a request under (1), where necessary, to enable the assessment of affordability of an MCD regulated mortgage contract.
[Note:article 20(3) and (4) of the MCD]
of the rejection and, where applicable, that the decision is based on automated processing of data; and
where the rejection is based on the result of the database consultation, of the result of such consultation and of the particulars of the database consulted.
[Note: article 18(5)(c) of the MCD]
No obligation under (1) shall be interpreted in a manner which contravenes the Data Protection Act 1998.