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Section 7: Performance of the credit agreement

Article L312-31 of the French Consumer Code

In the event of a change in the borrowing rate, the borrower shall be informed on paper or on another durable medium before the change takes effect. This information shall indicate the amount of the instalments after the new borrowing rate comes into effect and, where applicable, any change in the number or frequency of instalments. When the change in the borrowing rate results from a change in the borrowing…

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Article L312-32 of the French Consumer Code

For the credit transactions mentioned in this chapter, excluding hire-purchase and hire-purchase with a purchase option, the creditor shall provide the borrower, at least once a year, with information relating to the amount of capital still to be repaid, on paper or any other durable medium. This information shall appear, in legible characters, on the first page of the document provided to the borrower.

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Article L312-33 of the French Consumer Code

Where the lender has required the borrower to take out insurance and the borrower has taken out insurance with the insurer of his choice, the insurer shall inform the lender of any substantial change to the insurance contract.

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Article L312-34 of the French Consumer Code

The borrower may at any time, at his or her own initiative, repay the credit granted to him or her early, in whole or in part. In this case, interest and charges relating to the remaining term of the credit agreement are not due.No early repayment indemnity may be claimed from the borrower in the following cases:1° In the case of overdraft authorisation;2° If the early repayment has been made…

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Article L312-36 of the French Consumer Code

As soon as the borrower first defaults on repayment, the lender shall inform the borrower, on paper or any other durable medium, of the risks it incurs under Articles L. 312-39 and L. 312-40 as well as, where applicable, under the article L. 141-3 of the Insurance Code. This warning does not prevent the lender from temporarily paying the insurance premium for the credit for which arrears have been recorded,…

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Article L312-37 of the French Consumer Code

When the lender has required the borrower to take out insurance and the borrower has taken out insurance with the insurer of his choice, the insurer shall inform the lender of the borrower’s non-payment of the insurance premium. .

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Article L312-38 of the French Consumer Code

No compensation or costs other than those mentioned in articles L. 312-39 and L. 312-40 may not be charged to the borrower in the event of default provided for in these articles. However, in the event of default by the borrower, the lender may claim reimbursement from the borrower of the taxable costs incurred as a result of the borrower’s default, to the exclusion of any flat-rate reimbursement of collection…

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Article L312-39 of the French Consumer Code

If the borrower defaults, the lender may demand immediate repayment of the outstanding capital plus any accrued but unpaid interest. Until the date of actual payment, the outstanding sums accrue default interest at a rate equal to that of the loan.In addition, the lender may demand compensation from the defaulting borrower which, depending on the remaining term of the contract and without prejudice to the application of the article 1231-5…

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Article L312-40 of the French Consumer Code

In the event of default by the borrower in the performance of a leasing contract accompanied by a promise of sale or a hire-purchase contract, the lender is entitled to demand, in addition to the return of the property and the payment of due and unpaid rents, compensation which, depending on the remaining term of the contract and without prejudice to the application of the article 1231-5 of the Civil…

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