熱門推薦罰單破解實戰交通警察名師 25 年經驗,親授警察臨檢、檢舉魔人、科技執法、車禍糾紛的執法邏輯看課程介紹
購物車我的課程我的書籤免費註冊

Directive (EU) 2023/2225 of the European Parliament and of the Council of 18 October 2023 on credit agreements for consumers and repealing Directive 2008/48/EC CHAPTER XIII — ASSIGNMENTS OF RIGHTS AND DISPUTE RESOLUTION

Article 39–Article 402 provisions

Assignment of rights

Article 39

1.   Member States shall ensure that the consumer, in the event of assignment to a third party of the creditor’s rights under a credit agreement or of the credit agreement itself, is entitled to plead against the assignee any defence which was available to him or her against the original creditor, including set-off where such defence is permitted in the Member State concerned. 2.   Member States shall require that the original creditor inform the consumer of the assignment referred to in paragraph 1, except where the original creditor, by agreement with the assignee, continues to service the credit vis-à-vis the consumer.

Out-of-court dispute resolution

Article 40

1.   Member States shall ensure that consumers have access to adequate, prompt and effective out-of-court dispute resolution procedures for the settlement of disputes between consumers and creditors or credit intermediaries concerning rights and obligations relating to credit agreements established under this Directive, using existing entities performing out-of-court dispute resolution where appropriate. Such out-of-court dispute resolution procedures and the entities offering them shall comply with the quality requirements laid down by Directive 2013/11/EU. 2.   Member States shall encourage the entities performing out-of-court dispute resolution referred to in paragraph 1 to cooperate in order to resolve cross-border disputes concerning credit agreements.

Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.