Terms of Business
These Terms of Business set out the basis on which Coöperatieve Rabobank U.A. trading as Rabobank (‘Rabobank’, ‘us’, ‘we’, ‘the company’, ‘our’ and/or ‘ACCLM’), will provide business services to you as a customer (the ‘customer’) of Rabobank.
Coöperatieve Rabobank U.A. trading as Rabobank acquired the Loan Portfolio of ACC Loan Management DAC (‘the Acquired Loans’) on 17 December 2018 (‘the Transfer Date’).
The part of the Rabobank business that is managed in Ireland by Link Asset Services is focused on managing existing customer loan facilities which it acquired from ACC Loan Management DAC. Please take a few minutes to read through these Terms of Business and if you have any questions we will be happy to answer them.
Status
Coöperatieve Rabobank U.A.is licensed by the Dutch Central Bank and regulated in Ireland by the Central Bank of Ireland in respect of conduct of business rules. (www.centralbank.ie)
Registered address
Coöperatieve Rabobank U.A. trading as Rabobank is a Dutch co-operative bank incorporated in the Netherlands and registered with The Netherlands Trade Registry of the Chamber of Commerce and Industries under number 30.046.2589. Coöperatieve Rabobank U.A. is part of the Rabobank Group. Registered Office: Croeselaan 18, Utrecht, 3521 CB, Netherlands.
Communication
We will conduct all dealings with you through English. We will communicate with you primarily by post and telephone and in certain circumstances face-to-face, by fax and email.
Codes of Conduct
Rabobank is subject to the Consumer Protection Code, the Code of Conduct on Mortgage Arrears, the Code of Conduct for Business Lending to Small and Medium Sized Enterprises and the Minimum Competency Code, which offer protection to customers. These Codes can be found on the Central Bank of Ireland website, www.centralbank.ie.
Regulated Activities
Coöperatieve Rabobank U.A. trading as Rabobank, Reference No: C27338, is a Credit Institution authorised in another Member State of the EEA which has previously notified the Central Bank of its intention to provide services in the State on a cross-border basis. Rabobank is a Credit Institution on the register established and maintained by the Central Bank of Ireland and which can be inspected by going to www.centralbank.ie. The part of the Rabobank business that is managed in Ireland by Link Asset Services is focused on managing existing customer loan facilities which it acquired from ACC Loan Management DAC.
Administration outsourcing arrangements
The management of Rabobank loans and facilities had previously been transferred by ACCLM to Link ASI Limited (trading as "Asset Services"). Link Asset Services is a duly authorised agent of Rabobank. Enquiries in relation to loans and facilities should be referred to Asset Services. This outsource arrangement does not include the sale of any loans to Asset Services and all outstanding liabilities continue to be owed to Rabobank. Asset Services are responsible for maintaining and processing any personal data relevant to transferred loans and facilities. Affected customers will continue to benefit from the protection of all applicable regulatory codes.
Link Asset Services contact details:
Telephone: + 353 (0) 1 961 2700.
Postal address: Link ASI Limited, Coöperatieve Rabobank U.A., Block C, Maynooth Business Campus, Maynooth, Co. Kildare, W23 F854.
Email: enquiries@linkgroup.ie
Conflicts of interest
It is our policy to avoid any conflict of interest when providing business services to our customers. However, where an unavoidable conflict may arise we will advise you of this in writing before proceeding to provide any business service. If you have not been advised of any such conflict, you are entitled to assume that none arises.
Use of a Customer’s Personal Data
Rabobank and/or any of its subsidiaries and successors, its parents or subsidiaries of its parents or on its behalf by its or their agents or service providers may use and disclose any personal data relating to its customers which it obtains directly from its customers and/or in connection with the services it provides to its customers (i) as specified and for the purposes set out in the services it provides (including without limitation for the purposes of carrying out credit referencing checks, and/or advising on a customer’s credit status), (ii) for group reporting and management purposes, (iii) for such other purposes as have been disclosed to the customer by us; and (iv) as required by law or regulation.
You have a right to access personal data about you, which we hold (in respect of which we may charge a small fee), and to have any inaccuracies in that data corrected.
All requests should be in writing and addressed to the Data Access Requests, Link Asset Services, Block C, Maynooth Business Campus, Maynooth, Co. Kildare, W23 F854.
Actions that may be taken by us
Rabobank will, if necessary, exercise our legal rights to recover any payments due to us from customers for financial facilities/products. We may withdraw benefits or cover on default of any payments due under any facilities/products arranged for your benefit. Details of these provisions will be included in the terms and conditions of your facility/product with us.
If you experience repayment difficulties in relation to a specific lending product, you will be charged surcharge interest on any repayments missed and the security taken for either a personal or business lending product may be used to reduce your overall indebtedness. In addition, you will remain liable for any outstanding debt, including any accrued interest, surcharge interest, fees, charges, legal, enforcement and other related costs. Subject to applicable terms and conditions, we may offset the total arrears outstanding against monies held on account. In certain circumstances where you have missed repayments, we may employ an external debt collection agent or other third party to act on our behalf.
Important information for business customers
Annual Reviews
It is our policy that every business customer’s account(s) are reviewed at least once annually. Our policy states that if you have availed of a lending product, you are entitled to request a review meeting on an annual basis. During this meeting, all of your current lending products and associated security can be discussed. If you would like to avail of this option, please contact us.
Complaints
If you are dissatisfied with any aspect of our service or products, you can let us know by contacting our Link Assets Service Customer Relations Team.
By phone Ask to speak to any of our Link Assets Service Customer Relations Team on 1850 708888.
In writing Address your complaint to:
Customer Complaints, c/o Customer Relations Team
Asset Services,
Block C, Maynooth Business Campus,
Maynooth,
Co. Kildare,
W23 F854
By email: complaints@linkgroup.ie
We will try to resolve complaints as quickly as possible. At a minimum we will respond within five business days. We will write to you at least every 20 business days of the complaint being received thereafter. In the unlikely event that your complaint remains unresolved after 40 business days, we will write to you again with the anticipated timeframe to resolve the complaint. We will also advise you of your right to refer the complaint to the Financial Services Ombudsman.
If you are still not satisfied you are entitled to take your complaint to:
Financial Services Ombudsman,
Third Floor,
Lincoln House,
Lincoln Place,
Dublin 2.
LoCall 1890 882090 OR (01) 6620899
www.financialombudsman.ie
http://www.financialombudsman.ie
Changes to our Terms of Business
Where we make any material changes to these Terms of Business, we will provide each affected consumer with a revised Terms of Business as soon as possible. All other changes will be updated on the Terms of Business section of our website.
These Terms of Business are valid from 17 December 2018.