Non-payment of loan instalments allows the bank to demand the whole of the debt, but that power is subject to strict conditions. We examine the conditions of acceleration, the ceiling on default interest, the prohibitions on additional charges and compound interest, and the guarantor’s liability.
Where a dwelling bought off-plan or while still under construction does not carry the qualities promised in the agreement, the consumer acquires four separate elective rights and, alongside them, the possibility of a distinct claim for damages. We examine the content of those rights and the conditions for exercising them from a practical standpoint.
Provisions placed in standard-form contracts without being discussed with the consumer, which upset the balance to the consumer’s detriment, count as unfair terms. We examine the tests by which such terms are identified, who bears the burden of proof, the administrative supervisory mechanism and the effect of invalidity on the contract.
Even where the vehicle of a driver without fault is repaired to the highest standard, its value on the second-hand market falls. We examine from whom this loss may be claimed, the conditions attached to it, how it is calculated and the routes available.
In purchases made in instalments the consumer may withdraw from the contract without giving any reason and without paying a contractual penalty. We examine how the seven-day period runs, the cases in which the right is unavailable and the obligations to return.
Actions brought before the consumer court are exempt from judicial fees, but that exemption does not extend to the cost advance or the evidence advance. We examine the limits of the exemption, how litigation costs operate and the availability of legal aid.
Property that is not delivered on the date undertaken causes the purchaser a loss of rent that continues month after month. We examine the conditions on which the contractor falls into default, the legal basis of delay compensation and the course of the proceedings.
In a substantial part of the disputes heard by the consumer courts, an action may be brought only once the mediation process has been exhausted. We examine the scope of that requirement, its exceptions, the steps of the process and the legal value of the minutes from a practical perspective.
In instalment purchases, the originals of the promissory notes issued are often not returned to the consumer even though their value has been paid. We address the characteristics a consumer promissory note must bear, the defences afforded by its registered form and the workings of the negative declaratory action.
Charge items collected when a loan is extended that are not genuinely necessary count as unfair terms. We address the sequence of applications to be followed in recovering these sums, the limitation period, the division of jurisdiction between the arbitration committee and the court, and litigation costs.
A bank mortgage still standing on the title deed of a dwelling whose price has been paid calls for different solutions depending on the debt for which the mortgage was created. We address mortgages arising from a loan debt and from a contractor’s debt in the light of the bank’s heightened duty of care.
Where credit is taken out at the seller’s direction, the bank is not an independent party standing outside the sale. We examine the rights of withdrawal, early settlement, withholding of payment and compensation afforded to the consumer in a linked credit relationship, together with their consequences in practice.
Where the dwelling purchased fails to meet the qualities promised, the contractor is liable both in respect of the purchaser’s elective rights and in damages. We examine the types of defect, the burden of inspection and notification, the limitation periods and the court with jurisdiction.
A bank that makes credit available in cooperation with the seller is liable, together with the seller, for a performance that is never delivered or turns out to be defective. We examine the statutory basis of that liability, the requirement of economic unity, the one-year time limit and the special regime governing housing finance.
