Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
LAWxPERT Anmelden Kostenloses Konto

S.L. 376.9 · Financial Institutions Act (Consumer (S.L. 376.9)

S.L. 376.9 Art. 24Assignment of rights and set-off.  Cap. 16.

In KraftAmtlicher Text

(1) Where the rights of the creditor under a credit agreement are, or the credit agreement itself is, assigned to a third party, the consumer shall be entitled to plead against that assignee, any defence available to him against the original creditor. Such defence may also include the right to set-off:

Provided that set-off may only be raised in accordance with the relevant provisions of articles 1196 to 1204 of the Civil Code, which shall apply irrespective of anything to the contrary contained in the credit agreement.

(2) Where the rights of the creditor are assigned in accordance with sub-regulation (1), the consumer shall be entitled to be informed of such an assignment, except where the original creditor, by agreement with the assignee, continues to service the credit towards the consumer.