Repayment changes
65 Repayment changes
Notification of repayment changes
A credit provider must, not later than 20 days before a change in the amount or frequency or time for payment of, or a change in the method of calculation of, instalments or minimum repayments, under a credit contract takes effect, give to the debtor written notice setting out:
particulars of the change; and
any information required by the regulations.
Criminal penalty: 100 penalty units.
Repayment reductions
Subsection (1) does not apply to a change that reduces the obligations of the debtor, or extends the time for payment, under the credit contract. The credit provider must, however, give particulars of any such change before or when the next statement of account is sent to the debtor after the change takes effect.
Criminal penalty: 100 penalty units.
If the amount or frequency or time for payment of instalments or minimum repayments is not specified in the credit contract but is determined by a method of calculation so specified, this section requires the credit provider to give particulars only of any change in that method of calculation.
Strict liability offences
Subsections (1) and (2) are offences of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
Application
This section does not apply to a change that occurs while the credit contract does not require any repayment of the amount of credit provided.
This section applies whether or not the change is a change to the terms of the contract.
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