The Consumer Credit Law (2010:1846)

Original Language Title: Konsumentkreditlag (2010:1846)

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2010:1846

Introductory provisions



section 1 of this Act applies to credit as a trader leaves or

offers a consumer. The law also applies to the credit granted

or offered a consumer other than a trader,

If the credit is conveyed by a trader on behalf of

the creditor.



The Act also provides for certain obligations of

credit intermediary (§ 48).



2 for the purposes of the Act



consumer: a natural person who is acting primarily for

purposes which are outside business activities,



trader: a natural or legal person who is acting for

purposes relating to the own business activity,



creditors: the credit or take over the

original creditor's claim,



credit agreement ' means an agreement about the loan, overdraft, respite

or similar,



credit: a credit agreement that involves a continuing right

to take advantage of a credit facility,



credit purchases: the purchase of a good or service is funded

by a credit granted by the



-the seller, or



– other creditors, if done due to a

agreement between it and the seller or if the goods or

the service specified in the credit agreement,



cash price: the price at which a product or service usually

offered to consumers in Exchange for cash payment,



credit cost: the total amount of the interest rates, fees and

other costs that the consumer must pay by reason of

the credit, except for notarial costs;



claim: the sum of the credit amount and the cost of credit,



credit interest rate: the interest expense per year for it at any time

unpaid portion of debt set as a rate,



effective interest rate: the cost of credit expressed as a yearly interest rate

calculated on the amount of credit, where appropriate in the light

mind that some payments to be made during the current

the credit period.



section 3 of the Act does not apply to statutory loan provided by the

State funds nor loans provided in the pawnbroker business

According to the Mortgage Bank Act (1995:1000).



4 section For another interest-free credit than debit account that is not

unions with more than an insignificant fee, payable

back within three months does not apply to the provisions relating to

information in 7 – 10 sections, if creditworthiness assessment in paragraphs 12 and 13, if

documentation of the credit agreement in section 14, if the right of withdrawal in the 21-25 sections,

on notification by the transfer in paragraph 28 or

If the termination of the credit agreement with open-end in section 37.



For an interest-free overdraft that is not connected with more than one

insignificant fee, to be paid back within three months

does not apply to the provisions relating to the information in paragraphs 7 to 10 and section 14 of the

the second and third paragraphs, if the right of withdrawal in the 21-25 sections, or if the

termination of the credit agreement with open-end in section 37.



For an account credit that must be paid back on the solicitation or

within three months does not apply to the provisions concerning information on

marketing in 7 section 4 – 6 and the third subparagraph of

information in the credit agreement in paragraph, if the right of withdrawal

in paragraphs 21 to 25, if the payment of the debt ahead of schedule in 32 to 36 § § or

If the termination of the credit agreement with open-end in section 37.



For a credit associated with mortgages on immovable property,

leasehold or tenant or similar right or which is

connected with the corresponding right in the building that are not related to

property does not apply to the provisions relating to payment plan in section 16,

If the right of withdrawal in sections 21-25 or on the termination of credit agreements with

open-end in section 37.



For a credit granted by a financial institution or

securities companies for the financing of a contract with the Institute

or the company for the purchase of financial instruments do not apply

provisions on information in 8 – 10 sections and section 14 of the other and

third subparagraphs or of termination of the credit agreement with indefinite

term in section 37.



paragraph 5 of The terms in comparison with the provisions of

This law is to the detriment of the consumer are void against the

the latter, unless otherwise provided by law.



Good kreditgivningssed



section 6 of the trader shall in its relation to the consumer

maintain a high degree of kreditgivningssed. The trader shall take into

be the consumer's interests with due care and give the

explanations provided by consumer needs.



Information on marketing



section 7 the trader shall in respect of the marketing of the credit agreement, with

indicating a representative example, please provide information on the

the annual percentage rate of charge for credit.



If any other rate or figure than the effective

the interest rate specified in the marketing, the trader shall also,

indicating a representative example, leave information

If



1. the borrowing rate, specifying if it is bound or

Mobile,



2. fees, and other costs that are part of the

the cost of credit,



3. the amount of the credit,



4. the duration of the credit agreement,



5. the total amount payable by the consumer and

the size of the payments, and



6. the cash price and the down payment required for credit purchases.



If the consumer is obliged to conclude an agreement on a

complementary service to the credit agreement, and the cost of

the service cannot be determined in advance, the obligation specified

in marketing in connection with the information on the

effective interest rate.



Information should be provided in a clear, concise and

prominent way.



Information before the credit agreement is concluded



§ 8 the trader shall in good time before the credit agreement is concluded

provide the consumer with information about



1. what kind of credit,



2. the creditor and credit intermediary's name,

corporate identity number and address,



3. amount of credit and the conditions governing the use of the credit,



4. the duration of the credit agreement,



5. product or service and its cash price on credit purchases,



6. the borrowing rate, the conditions governing the credit interest rate and an indication of

the reference index or reference rate and timing, procedures

and other criteria for changing the borrowing rate;



7. the effective interest rate, indicating a representative

example, and the total amount to be paid by

the consumer,



8. payments the amount, number and expiration dates, as well as

the order in which payments will be allocated to the

credits with different borrowing rates; If a payment is not deducted

but is saved or invested for the consumer's behalf, it shall

is specified,



9. charges in respect of the credit agreement and the conditions of

modification of the charges,



10. the notary fees,



11. the obligation to conclude an agreement on a supplementary service

with the credit agreement,



12. default interest and conditions for modification of the

fees payable for defaulting;



13. penalties for delay in payment;



14. the sureties,



15. the presence or absence of a right of withdrawal,



16. the consumer's entitlement to early repayment, as well as the creditor's

the right to an interest rate differential compensation and how this compensation shall

is calculated,



17. consumer's right to receive information that a credit is not

granted,



18. consumer's right to a draft credit agreement,

and



19. the time during which the offer is valid.



The information shall be given in the form "the standard European

consumer credit information ". The form shall be provided

the consumer in an act or in any other human readable and

lasting form that is available to the consumer. If the agreement on

the consumer's request to be concluded by a means of

means of distance communication which does not allow that the information given in the

such form prior to the contract, the trader shall provide the consumer with

the information in this form as soon as possible after the agreement has

concluded. Information on the form shall be limited to that which

specified in the first subparagraph.



If the consumer so requests, the trader shall provide free of charge

him or her a draft credit agreement.



In the case of credit connected with mortgage-

property, leasehold or tenant or similar right or

associated with the corresponding right in the building that are not related to

property, the trader will need only provide the information

set out in paragraph 7 of the first paragraph and the second paragraph 1 – 4. Information

must be submitted in one document or in any other human readable and

lasting form that is available to the consumer.



section 9 in the case of an account credit that must be paid back on

solicitation or within three months, the trader will need only

Please provide the information specified in paragraph 1, 2, 4,

6, 9, 12, 17 and 19. The trader shall in addition submit

information on the amount of credit, the APR with

indication of a representative example and the conditions and

the procedure for terminating the credit agreement. If the agreement is

that the consumer may be requested to repay the whole of the

outstanding credit, information shall be provided even if the.



All data shall be equally prominent but they don't

be given in a particular form.



section 10 By telemarketing of a credit is applied instead

for section 8, first subparagraph, and paragraph 9 what

is provided in Chapter 3. paragraph 4(1) Act (2005:59) about

distance and off-premises contracts. The description

of the financial service main characteristics

under that subparagraph shall include information on



1. amount of credit and the conditions governing the exercise of

the credit,



2. the duration of the credit agreement,



3. the product or service and its cash price on credit purchases,



4. the borrowing rate, the conditions governing the credit interest rate and an indication of

index or benchmark rates and times,

procedures and other conditions for changing the borrowing rate;



5. the effective interest rate, indicating a representative


example, and the total amount to be paid by

consumer, and



6. installment size, number, and expiration dates

as well as the order in which payments will be allocated to the

credits with different borrowing rates.



In the case of a loan referred to in section 9, shall

the description shall contain information on the amount of credit,

credit interest rate with terms for and an indication of

the reference index or reference rate and the annual percentage rate of charge

indicating a representative example. If the agreement

means that the consumer may be asked to pay back the entire

the outstanding credit, shall also be indicated. Law (2014:17).



Penalties for non-payment information



section 11 If information specified in §§ 7 and 10 are not provided, the

the Marketing Act (2008:486) applied with the exception of

the provisions of sections 29 to 36 on market interference charge. Such

information shall be deemed to be substantial under section 10, third paragraph

the Act.



Credit check



section 12 of the trader should consider whether the consumer economic

prerequisites to fulfil what he or she undertakes under

the credit agreement. Credit assessment shall be based on adequate

information regarding the consumer's economic circumstances. The credit may

be granted only if the consumer has economic conditions

to fulfil its commitment.



By an increase in the credit that is essential to a new

credit check to be done.



section 13 is not granted credit, the trader shall notify

the consumer about the cause of it. It depends on the tasks that

derived from an external database, the consumer shall promptly and without

cost shall be informed of the data and which database

been used.



Documentation of the credit agreement



section 14 of the trader must document the credit agreement,

record contract in a document or in any other human readable and

lasting form that is available to the consumer.



The document shall, in addition to the terms of the agreement, contain the information

referred to in paragraph 1 to 6, 8 to 10, 12 to 14 and 16.

In addition, the document should include information on



1. the consumer's name, social security number and address,



2. the effective interest rate of the assumptions underlying the

for the calculation of the interest rate and the total amount to be

be paid by the consumer,



3. consumer's right to a payment plan,



4. requested insurance,



5. the presence or absence of a right of withdrawal, the withdrawal periods

and other conditions for the exercise of the right of withdrawal, including

the obligation to pay the principal and interest, as well as the amount of interest

per day,



6. the consumer's right to make objections under section 29

for credit purchases,



7. the procedure for terminating the credit agreement;



8. What are the possibilities to get a dispute with

trader access outside the Court and how the consumer in so

case to proceed, and



9. the supervisory authority with the indication of the address.



The data shall be provided in a clear and concise manner.

The consumer shall receive free of charge a copy of the document.



15 § in the case of an account credit that must be paid back on

solicitation or within three months, in paragraph 14 of the intended

the document, in addition to the terms of the agreement, contain the information

set out in paragraph 1 to 4 and 6. The document should in addition

include information about the consumer's name, social security number and

address, the effective interest rate of the assumptions underlying the

the basis for the calculation of the interest rate and the total amount

to be paid by the consumer, the process to terminate

the credit agreement and charges and conditions for modification of the

the fees. The agreement means that the consumer may be requested to

pay back all the outstanding credit, also the

specified.



Payment plan



section 16 of the consumer has a right to receive a

summary that shows when the capital, interest and fees shall

paid. If the interest rate is not bound, or if the fees are subject to change,

the Assembly should contain a statement that the terms of

until the interest rate or fee changes.



Interest and fees



section 17 this rate may be changed only if it has been agreed.



This rate may be changed to the detriment of the consumer only in the

extent that it is justified by the credit policy decisions, increased

borrowing costs of the creditor or other

cost increases that the creditor could not reasonably anticipate

When the agreement was concluded. At the credit associated with mortgages

real property, leasehold or tenant or similar right

or that is associated with the corresponding right in the building that are not

related to real estate with a total duration of at least 30 years and

with an interest rate that is fixed for a certain part of the term, at least

three months, however, the creditor, if there are reservations about

the agreement, entitled to at the end of a such part of

the term change the interest rate to match the rate that

the creditor at the time generally applies to new

credits of the corresponding kind.



Notwithstanding the second subparagraph, the interest rate changes for certain

way in connection with the changes in a benchmark interest rate that

the creditor has no significant influence. A

contract terms if this may be subject to an exception to

the interest rate under specific conditions should be changed more

or less than that resulting from the connection to the reference rate.

The exemption shall be determined so that it does not become less favourably

for the consumer than for the creditor. It shall comply with the requirements of

second paragraph.



The creditor is required to apply a term if

interest rate changes in the same way to the consumer's benefit to

his or her detriment.



section 18 of the borrower is obliged to, in addition to or instead of

interest rate, pay special compensation for the credit (charge) only

If it has been agreed upon, and if such compensation relates to costs

the credit granter is for credit. If costs can be distinguished,

may charge separately for each such charge.



Fees for credit may be changed to the detriment of the consumer

only if it has been agreed upon, and to the extent that it

justified by increases in the costs to be covered by

the fees.



section 19 of the creditor shall inform the consumer of the

interest rate change before it takes effect. The notification shall be provided

in a document or in any other legible and durable form as

is available to the consumer. In the case of credit which is

associated with mortgages on real property, leasehold or freehold

or similar right or which is connected with the corresponding right in

building not belonging to the property, the creditor may, in

rather than notify the consumer of a change in interest rates by

advertising in newspapers. Notification is done through advertising,

the consumer shall be notified personally not later

the next notification or account statements.



A change in interest rates depends solely on a change in a reference rate

which the creditor has no control of,

the consumer may instead be informed periodically, during

provided that the parties have agreed on it and the new

the benchmark rate has been published and is available at

the creditor.



Account statements and notices on overdrafts



section 20 of overdrafts, the creditor shall regularly

provide the consumer with account statements. An account statement shall

indicate:



1. the period to which it relates,



2. the preceding statement closing date and balance,



3. collection and the date of the jacks,



4. payment and date of payments,



5. the new balance,



6. the borrowing rate and the charges applied for the period,

and



7. the amount that consumers are liable to pay.



The creditor shall inform the consumer of a fee increase

before it takes effect.



If the agreement is possible for consumers to exceed

a credit limit, the creditor shall regularly inform the

consumer credit rates and conditions of the credit interest rate

the indication of the reference index or benchmark rates and fees

and conditions for modification of fees. Have overrun

lasted one month, the creditor shall immediately inform the

the consumer of the excess debt and credit interest rate on

the debt and if the fee or interest due

the overshoot.



Statement of account referred to in the first subparagraph and notifications under

the second and third paragraphs shall be submitted in one document or in

any other legible and permanent form which is available for

consumer.



The consumer's right of withdrawal



section 21 gives the consumer a right to withdraw from the credit agreement

(right of withdrawal) by the creditor leave or send an

notice within 14 days from the date specified in section 22

(cooling off period).



section 22 of the withdrawal period begins from the date of conclusion of the credit agreement,

but no earlier than the day on which the documentation referred to in section 14 will

received by the consumer.



section 23 Has the consumer in good time and in an appropriate manner

left or sent a message that he or she

withdraw from the credit agreement, getting the message invoked although it

delayed, mutilated or cannot be identified.



section 24, if the consumer exercises his right of withdrawal, he shall

as soon as possible and at the latest within 30 days from the date on which the consumer

left or sent his message to pay back the amount

obtained from the creditor, with the addition of accrued

interest on the amount. Interest shall be payable from the date of

the consumer had access to credit to the date

It will be refunded. If the grantor by reason of

the credit agreement have paid a fee to the public which do not

will be refunded, the consumer is obliged to pay the creditor

for this.



The creditor shall, as soon as possible and at the latest within 30 days from the day


then the creditor received the consumer's message that

repay the credit cancellation charges

the consumer has paid by reason of the credit.



section 25 if the consumer exercises his right of withdrawal and the following

of the credit contract is a related service agreement

provided by the creditor or by someone else on

because of an agreement between it and the creditor,

the related contract expire without the consumer

may be imposed any sanction for this.



Down payment on credit purchase



at paragraph 26 of the purchase of a commodity seller shall take out a

down payment by the buyer in accordance with good kreditgivningssed.

Down payment shall be equal to at least 20% of the

cash prize, unless there are special circumstances causing the other.



As a deposit is not considered to be payment by buyer resources

may borrow by the seller or by any other creditor because

by an agreement between him and the seller.



section 27 if a trader for their own or someone else's

Bill sells a product without complying with section 26,

constitute an action in violation of paragraph 5 of the Marketing Act

(2008:486).



The consumer's rights in the event of transfers of receivables



section 28 where the creditor has relinquished its rights under

the credit agreement, the consumer may at the new creditor do

the same objections that he or she could transfer

make against the assignor. The same shall apply when the creditor has

pledged their rights under the credit agreement.



The transferor shall inform the consumer about the transfer, if not

assignor has committed to continue to meet

the obligations under the credit agreement.



The purchaser's right to present objections at the credit purchase



section 29 for credit purchases, the purchaser against creditor's demands on

payment submit the same objections because of purchase that

He or she can do against the seller. The buyer may also object

that he or she has paid to the seller or have a

agreement with him. However, this does not apply if the buyer

knew that the seller was not entitled to receive the payment or

conclusion of the agreement, nor if the purchaser intentionally

or recklessly failed to acquire knowledge of

this.



If the purchaser by reason of the purchase have a claim to reimbursement,

damages or any other monetary performance, answering creditor

as with the seller to claim. The creditor is

not, however, be required to pay more than what is received by the

the buyer, by reason of the credit.



Prohibition of operating receivables documents at credit purchase



section 30 for credit purchases, the creditor will not accept one of the buyer

input AC connections relating to a receivable due

credit purchase. The creditor may not be evidence of their

the claim to receive one of purchaser issued promissory notes

or any other of this entrance liability is

such that the purchaser's right to make objections

due to the purchase be curtailed if the debt instrument is transferred or

pledged to a creditor who is in good faith.



The first sentence of the first paragraph does not apply to private bills that are

issued by banks.



Anyone who intentionally violates a prohibition under this section

shall be liable to a fine.



Prohibition of certain settlement



section 31 of the Amount which the consumer pays for the settlement of certain

the claim by reason of the credit grantor may not first

set off on another claim.



Payment of the debt ahead of schedule



32 § consumers have the right to pay its debt to the

the creditor before the agreed maturity. If the debt

be paid prematurely, the creditor has the right to compensation in the

extent specified in § 36.



33 § creditor shall have the right to early repayment only

If the reservation has been made on this in the agreement, and



1. the consumer for more than a month is in delay with

payment of an amount exceeding ten per cent of

credit claim,



2. the consumer for more than a month is in delay with

payment of an amount in excess of five percent of the

credit claim and the delay covers two or more items

expired at different times,



3. the consumer in any other way is in substantial delay

with the payment,



4. Security for credit has significantly deteriorated,

or



5. it is clear that the consumer by deviating, get

away property or act in any other way have evaded

to pay its debt.



If the security of the credit is made up of the subject if

withdrawal right, the creditor is entitled to payment of

prematurely because of worsening security only if the consumer

intentionally or through gross negligence has caused the

safety significantly deteriorated.



If a credit is associated with mortgages on real property, leasehold

or condominium or similar right or is associated with

corresponding right in the building that are not related to the property,

the creditor the right to early repayment on the basis of

worsening security only if the security has significantly

deteriorated due to any reason other than a General

price decrease on the relevant market.



In the case of credit associated with mortgages on immovable property,

leasehold or tenant or similar right or which is

connected with the corresponding right in the building that are not related to

real estate and interest rate on the credit is tied to all or a

part of the term of the contract, subject to a minimum of three months, the creditor

in spite of first to third paragraphs right to early repayment

on the date on which the period for which the rate is fixed.

However, this applies only if there have been reservations about it in

Agreement, and there are serious reasons. Law (2014:201).



section 34 If the creditor wants to get paid ahead of schedule according to § 33

first paragraph 1 – 3, or the fourth subparagraph, applies a

notice period of at least four weeks from the time

When the lender sends a notice of termination in

registered mail to the consumer in his usual

address or cancellation without such action will

received by the consumer.



If the creditor has required early repayment pursuant to § 33

first paragraph 1 – 3, the consumer is still not required to

pay early, if he or she is before the end of

the period of notice to pay the amount due together with

interest on late payments. The same applies if the consumer in the event of termination

According to paragraph 33 4 or 5, or according to others, or

the third paragraph of the same article immediately after termination

or within the period of notice set admitted acceptable security

for the claim.



If the consumer previously by virtue of the second paragraph has

exempted from the obligation to pay the debt early,

does not apply to the paragraph. Law (2014:201).



§ 33 35 notwithstanding paragraph 4, the creditor shall

invoke the provisions in different laws on the right to the payment of

early due to a security for the credit has

deteriorated.



36 § the early repayment pursuant to §§ 32-35, the consumer shall

pay interest and other costs of the credit for the period up

to the early repayment, but not beyond. When

the creditor's claim is calculated to the grounds stated in

compliance with good kreditgivningssed are applied.



The creditor must not be a substitute for

that the debt be paid prematurely. If the borrowing rate is fixed once

the early repayment is made, however, the creditor has the right to take

out an interest rate differential compensation by the borrower for the time

remains, if the subject has been done on this and in the

extent that it is consistent with good

kreditgivningssed.



An interest rate differential compensation may



1. for credit associated with mortgages on immovable property,

leasehold or tenant or similar right or which is

connected with the corresponding right in the building that are not related to

property up to a maximum equal to the difference between the interest rate on the credit

and the interest rate at the time of payment in General

for mortgage bonds with a maturity equal to the

remaining maturity increased by one percentage point, and



2. for other credit up to a maximum equivalent to one percent of the

förtidsbetalade, or, if at the time of

the early repayment is less than a year left of

the duration of the credit agreement, one half of one percent of the förtidsbetalade

amount. The compensation may not, however, be greater than the

amount that the consumer would have paid in interest during the

remaining term to maturity under the credit agreement.



An interest rate differential remuneration shall not be charged for the part of

the interest rate that is matched by a guarantee fee, when State

the guarantee has been provided and the fee charged for the warranty.

Compensation may not be charged for a payment of a

account credit or payment from an insurance

guarantees the repayment of the credit.



If the creditor uses a right to repossess goods under section 38, §§ 40 and 41 shall apply when the deal will be done between the parties. Law (2014:201).



Termination of open-end credit agreements



37 § Consumer may at any time cancel a credit agreement with

open-end. If any notice period has not been agreed,

the agreement ceases to apply immediately. If a notice has

agreed, agreement ceases to be valid on the date of the notice periods

expires. The notice period may not be longer than one month.



The creditor may not terminate an open-end credit agreement

only if it has been agreed. The period of notice shall be not less than two

months. Has the consumer has not used the credit,

the creditor terminate the credit agreement will cease immediately, if


It has been agreed upon and are reasonable. The consumer shall, before he

or she loses the right to be informed of the credit

the termination and the reasons for it. If there are particular

reasons, intelligence instead left immediately thereafter.



A termination or a notice referred to in the second subparagraph, the

be given in a document or in any other legible and durable

the form that is available to the consumer.



Repossession law at the credit purchase of be



38 § subject to readmission right referred to a term

that will give the creditor the opportunity to take back the goods, if the buyer

do not fulfill their part of the credit agreement is bought.



A reservation may be invoked if only readmission

provided



1. that the seller has made the reservation in connection with the purchase of

to safeguard their right to payment, as well as



2. that the time has entered the consumer according to 33 and

34 §§ shall fulfil his obligation to pay in advance.



If the purchaser, before the goods are taken back, paying what is due for

payment together with interest and costs in accordance with the grounds

as set out in section 40 of the third to fifth subparagraphs of paragraph 2, the creditor shall not

reclaim the goods because of late payment. Is based

taking back the right to security for credit has deteriorated

or that the buyer have evaded paying their debt,

the creditor does not reclaim the goods if the buyer before the item is withdrawn

sets acceptable security for the claim.



39 § Use trader subject to readmission in

sale of goods by reference to their nature

or its value or because of market conditions

not suitable as a credit collateral, the trader should be prohibited

in similar cases in the future use of such reservations. In

ask if the prohibition applies in other respects the Act (1994:1512) if

contractual conditions in consumer relationships.



Settlement when an item is withdrawn



40 section where the creditor would make use of a right to repossess goods,

should settlement made between the creditor and the purchaser.



At settlement, customer shall be credited the value at

the repossession. The value calculated according to what the creditor is likely to

get through to sell the product.



The creditor may not be the unpaid portion of the

credit claim after deduction under section 36 and

case default interest, but not according to the higher rate of interest than that

specified in section 6 of the interest Act (1975:635).



The creditor may also be reimbursed for

the execution fee, reasonable cost of transport of goods and

expense for appearance at the Ordinance for readmission if

the creditor has had to suspend themselves in order to safeguard their

right. When the compensation is determined for the expense for appearance

rules apply to the calculation of compensation of

public funds to witness.



In the case of official assistance for repossession, the creditor

credited even reasonable compensation for work with

reason of proceedings and fees to agents or counsel.



section 41 If the buyer at settlement be counted a major

than the creditor receives goods repossessed only if

the creditor pays the difference to the buyer or, when

goods valued by the Swedish Enforcement Administration, reduces

the difference in authority.



Does the creditor to repossess the goods had to

pay a debt buyer, grantor when first

subparagraph shall apply such payment set off against difference

for the buyer's benefit. The same applies if the creditor to

after repossession should be able to be used in the intended manner have

had to pay such a debt.



Credited the creditor a greater amount than the buyer,

the creditor cannot claim the difference (restskulden)

except in the event the product has been reduced significantly in value through

buyer vanvårdat.



Redeeming a be withdrawn



42 § buyer may within fourteen days to redeem an item that has

withdrawn. The buyer would like to redeem the merchandise, he or she

pay the creditor the value upon withdrawal as well as the

residual debt/outstanding finance that may exist under the settlement.



Assistance for repossession of goods, etc.



43 § creditor, of the Swedish enforcement authority search

helping hand to reclaim the goods provided that the

regarding credit purchase in an act or in any other human readable

and enduring form which is available to the buyer has

documented information on the caveat about repossession law,

cash price, the amount of credit, the duration of the credit agreement,

credit claim and the timing of payment. The document should

have been signed by the buyer or signed by him with a

such an advanced electronic signature within the meaning of section 2 of the Act

(2000:832) of qualified electronic signatures.



An application for assistance shall be made in writing. It should

listed in application on the proportion of credit claim that remains unpaid.

If the creditor claim default interest, it must also

be stated in the application what the creditor claims in that part. A

certified copy of the document referred to in the first subparagraph shall

be annexed to the application. Law (2012:69).



44 § assistance may be granted only if it is clear that

the conditions for readmission set out in section 38 and

third subparagraphs.



If a subject of repossession law has been used in violation of

the prohibition under section 39, the assistance is not granted.



Enforcement or enforcement of a judgment, by which the buyer has

ordered to return goods that have been sold with

subject to readmission rights, shall not be granted in respect of

such goods according to Chapter 5. 1 – 3 of the enforcement code shall

be exempt from garnishment.



45 § in the case of enforcement and enforcement of the judgment, that

set out in paragraph 44, applied in the other 12 section and

third subparagraphs as well as 15-18 § § lagen (1978:599) if

hire purchase between traders and others, in which case the reference

in paragraph 16 of the third subparagraph of paragraph 10 should refer to section 41

the first paragraph of this law.



Prohibition of enforcement



46 § be sold subject to readmission rights may

not be seized of a claim which is based on credit purchase.



Choice of law



47 § a term indicating that the law of a country outside the

The European economic area shall apply to

the credit agreement does not apply in respect of the rules concerning credit agreements, if

the law disregards the condition is the law of a

country within the European economic area and the law

give consumers better protection.



Certain obligations of credit intermediaries



48 § a trader who, without being a creditor and against

compensation, offer a credit agreement, assists a consumer before

a credit agreement or enter into a credit agreement as agent for

creditor (credit intermediaries) will be at marketing as

directed to consumers, provide information about whether

the housing service is in collaboration with some creditors or is

independent.



Credit intermediary shall inform the consumer of the fees

the consumer shall pay to the credit intermediary for his

services. Such fees may be applied only if the information

have been given and the credit intermediary, the consumer before

the conclusion of the credit agreement have agreed on it in a document or in

any other legible and permanent form which is available for

consumer. Credit intermediary shall also inform

the creditor about the charges.



If the information is not provided, the Marketing Act

(2008:486) applied with the exception of the provisions of sections 29 to 36

If the market disturbance fee. The information to be provided to the

the consumer shall be regarded as essential under section 10, third paragraph

Marketing Act.



Supervision



49 § Consumer Agency supervises compliance with this law.

Agency's oversight does not cover the Sveriges riksbank,

activities under the supervision of the Swedish financial supervisory authority or

activities with enforcement authority. With activities

under the supervision of the Swedish financial supervisory authority does not include activities that

are subject to supervision according to law

(2014:275) if certain activities with consumer credit.



Supervision shall be exercised so as not to cause greater cost

or inconvenience than is necessary. Law (2014:276).



50 section for supervision have Consumer Agency or the Agency

ordains the right to carry out inspection of operators

engaged in sales or in their professional

business leaves, conveys or assumes the credit referred to in

This Act and to consult all the documents necessary for

supervision. The trader shall provide the information if

activities required for the purposes of supervision.



If a trader does not provide documents or

provide information in such a case referred to in the first

subparagraph, the Swedish consumer Agency shall submit to the trader to

fulfil his obligation. A decision on the injunction may be subject

with a penalty.



section 51 if the trader fails to comply with section 12, the Swedish consumer Agency

notify the trader a warning. A warning should be reconciled with the

a fine, if the infringement is not made. Fee

to the State.



If the trader previously announced a warning or if

the offence is particularly serious, the Swedish consumer Agency

submit to the trader to cease to provide credit.

A decision on the injunction may be subject to a penalty.



In determining whether an infringement is particularly serious

shall take particular account of whether the trader repeatedly

jobs has failed in its duty under section 12 and if

the failures are systematic. Law (2014:83).




52 § fine must be determined to not less than five thousand

kroons and not more than SEK 10 million.



The fee shall not exceed ten per cent of the trader

turnover in the last financial year. If the infringement

have occurred during the first year of the trader or

data on turnover are otherwise missing or

flawed, turnover is estimated.



When the amount of the fee is determined to be taken in particular of the

the gravity of the infringement, which prompted the warning.



Levy, remitted in whole or in part, if there is

special reasons. Law (2014:83).



53 § fine to be paid to the consumer agency within the

thirty days from the day the decision became final, or

within the further period specified in the decision.



If the fee is not paid within the time limit referred to in the first

subparagraph, the Consumer Agency leave the unpaid fee for

recovery. Provisions of the Recovery Act

(1993:891) for the recovery of State assets etc. at

the recovery must be done according to code enforcement enforcement.



The charge falls away to the extent enforcement

within five years from the day the decision became final

force. Law (2014:83).



Appeal



section 54 of the consumer agency decision under section 50, 51

and 52 sections may be appealed to the administrative court.

Other decisions by the Swedish consumer agency under section 50 shall not

subject to appeal.



Leave to appeal is required for an appeal to

the administrative court. Law (2014:83).



Transitional provisions



2010:1846



1. This law shall enter into force on January 1, 2011, when

the consumer credit Act (1992:830) is repealed.



2. in the case of credit agreements concluded before the entry into force

terms of the repealed Act. For open-end credit agreements

However, 19, 20, 28 and 37 sections from its entry into force.



2014:83



1. this law shall enter into force on 1 april 2014.



2. The new rules apply only when deficiencies in

creditworthiness of credits granted after

the entry into force.



2014:201



1. this law shall enter into force on 1 July 2014.



2. The new provisions also apply to credit agreements which have

concluded prior to the entry into force. For credit agreements with a

credit interest rate that is tied to its entry into force does

older provisions on an interest rate differential remuneration of its

fixed-rate period expires.