Subject to the provisions of the second paragraph, a creditor who grants credit without providing the borrower with an agreement satisfying the conditions laid down in Articles L. 312-18, L. 312-21, L. 312-28, L. 312-29, L. 312-43 and, for account overdraft transactions, by articles L. 312-85 to L. 312-87 and L. 312-92, shall forfeit the right to interest.
In the event that the annual percentage rate of charge determined in accordance with articles L. 314-1 to L. 314-4, 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.