Credit is granted to the borrower only if the creditor has been able to verify that the obligations arising from the credit agreement are likely to be fulfilled in accordance with what is provided for in that agreement.
To this end, before concluding a credit agreement, the creditor carries out a rigorous assessment of the borrower’s solvency. This assessment shall take appropriate account of the relevant factors for assessing the borrower’s ability to fulfil his obligations under the credit agreement.
The creditor shall base this assessment on necessary, sufficient and proportionate information relating to the borrower’s income and expenditure and on other economic and financial criteria.
This information is collected by the lender from relevant internal or external sources, including the borrower, and includes in particular information provided, where applicable, by the credit intermediary during the credit application process.
The borrower shall be informed by the creditor, at the pre-contractual stage, in a clear and simple manner, of the information required to carry out the creditworthiness assessment and the time limits within which it must be provided.
The information shall be checked in an appropriate manner, referring in particular to verifiable documents.
The lender shall also consult the file provided for in article L. 751-1, under the conditions set out in the order referred to in article L. 751-6.
On completion of the creditworthiness check, the creditor informs the borrower as soon as possible of any rejection of the credit application.
When this decision is based on the result of a consultation of the aforementioned file, the creditor informs the borrower. The creditor will inform the borrower of the result of the search and of the information obtained from the search.
The creditor will inform the borrower of the result of the search and of the information obtained from the search.