7.3. By this agreement, the authorized agent irrevocably authorizes AV Marketplace, as agent of the agent, to request and recover late interest from the partner in favour of the agent, in accordance with the cooperation agreement of the originator of the credit, partner and market place, if the lender or partner does not pay amounts that the borrower paid to the agent in accordance with the contract or agreement. 11.3. The originator of the loan is required to unilaterally exercise the repurchase rights and obligations arising from the right transferred by the contract entered into by the Creditoriginator, Partner and AV Marketplace, in accordance with the provisions of paragraph 13.1 or 13.2 of the Terms of Sale. to the agent. If you are reading the contract, make sure that the clauses prohibit the award clause. You should check the entire document, as it may be in other provisions. Even with the existence of the Single Code of Trade, there are still laws prohibiting the existence of contracts. If these laws apply to you, your task can no longer be carried out. Here are examples of clauses you can find online for award clauses and anti-attribution clauses: for more details, here are some points on the applicability of transfer clauses: 6.9.
The agent will fulfill the obligations set out in 12.1 of the Terms of Sale not to contact the borrower because of the assignment of the debt and to contact the borrower directly, even if the agent recalls all or part of the authorization contained in the agreement. 12.1. The contracting parties do not inform the borrower as a result of the assignment of the debt, unless required by this agreement. The parties do not file complaints against each other. Since transfer clauses are included in the contracts, it is self-determined that they are legally applicable. But perhaps you are curious: are there certain restrictions on these clauses? If the transfer clause is activated and has a negative impact on business development (reduced returns or increased risk to the business), the courts are less likely to apply the original agreement.