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Analyses, feedback and legal news on banking law, credit law and enforcement.

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Consumer credit

Bank overdrafts and consumer credit law

Your bank has tolerated an overdraft for several weeks - but when does the overdraft become consumer credit? The Consumer Code imposes formal obligations on the bank, and failure to comply may result in penalties. Here's how to tell the difference between a cash facility and a loan governed by consumer law.

Consumer credit

Revolving credit: precautions and legal framework

That offer to pay in instalments or that shop card you signed up for may be concealing a revolving credit facility, a financial product with a high risk of indebtedness. Legislation has gradually introduced a framework for this type of credit - pre-contractual information, minimum repayments, automatic cancellation - but the pitfalls remain. Here's what you need to check before using your reserve.

Consumer credit

Earmarked loans: when the purchase and its financing are linked

You've financed a purchase on credit and the seller hasn't delivered - or the goods are faulty. Earmarked credit links the sales contract and the loan contract in a single commercial transaction, which in certain cases allows you to suspend repayments. This protective mechanism, set out in the Consumer Code, is subject to strict conditions, which are detailed in this article.

Consumer credit

The right of withdrawal: essential protection for borrowers

You have just accepted an offer of consumer credit and wish to withdraw: the law gives you fourteen calendar days to withdraw, without having to give any reason. This right of withdrawal, which stems from the 2008 European directive, is subject to formal conditions that are strictly enforced by the courts.

Consumer credit

Who can benefit from the protective consumer credit regime?

You've taken out a loan and don't know whether the protections of the Consumer Code apply to your situation. The consumer credit regime is powerful but targeted: it covers neither all borrowers nor all transactions. Here's how to check whether you are covered.

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