Правна библиотека и анализ на дела · Австрия · Белгия · Европейски съюз
LAWxPERT Вход Безплатен акаунт

S.L. 378.12 · Consumer Credit Regulations (S.L. 378.12)

S.L. 378.12 чл. 16AArrears and enforcement.

PART 5

В силаОфициален текст

(1) Creditors shall have adequate policies and procedures to ensure that they make efforts to exercise, where appropriate, reasonable forbearance before enforcement proceedings are instituted. The said forbearance measures shall take into account, among other elements, the consumer’s circumstances and among other possibilities may consist of:

(a) a total or partial refinancing of a credit agreement;

(b) a modification of the existing terms and conditions of a credit agreement, which may include among others:

(i) extending the term of the credit agreement;

(ii) changing the type of credit agreement;

(iii) deferring payment of all or part of the instalment repayment for a period;

(iv) changing the interest rate;

(v) offering a payment holiday;

(vi) partial repayments;

(vii) currency conversions;

(viii) partial forgiveness and debt consolidation:

Provided that the list of forbearance measures stipulated in this sub-regulation is without prejudice to rules set out in national law, including in particular the national provisions implementing the European Banking Authority Guidelines on management of non-performing and forborne exposures (EBA/GL/2018/06) and the European Central Bank Guidance to banks on non-performing loans.

(2) Where the creditor is permitted to define and impose charges on the consumer arising from the default, those charges shall not be greater than is necessary to compensate the creditor for costs it has incurred as a result of the default.

История на изменения
  • Amended by L.N. 17 of 2024