In the event of failure to mention or incorrect mention of the overall effective rate provided for in article L. 314-5, the lender may be deprived of the right to interest in the proportion set by the judge, with particular regard to the harm caused to the borrower.
When the lender is deprived of the right to interest under the conditions set out in the previous paragraph, the borrower is only required to repay the capital in accordance with the scheduled repayment schedule and, where applicable, to pay the interest for which the lender has not been deprived. Amounts received by way of interest, which bear interest at the legal rate from the date of payment, are refunded by the lender or deducted from the outstanding capital.
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