Updated 22/10/2024
In force

Version from: 30/12/2023
Amendments (1)
There is currently no Level 2 legal act based on or specifying Article 16a.
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CCD I ToolConsumer Credit Directive (CCD I)
Article 16a

Article 16a - Arrears and enforcement

Article 16a

Arrears and enforcement

1.  

Member States shall require creditors to have adequate policies and procedures so that they make efforts to exercise, where appropriate, reasonable forbearance before enforcement proceedings are initiated. Such forbearance measures shall take into account, among other elements, the consumer’s circumstances and may consist of, among other possibilities:

(a) 

a total or partial refinancing of a credit agreement;

(b) 

a modification of the existing terms and conditions of a credit agreement, which may include among others:

(i) 

extending the term of the credit agreement;

(ii) 

changing the type of credit agreement;

(iii) 

deferring payment of all or part of the instalment repayment for a period;

(iv) 

changing the interest rate;

(v) 

offering a payment holiday;

(vi) 

partial repayments;

(vii) 

currency conversions;

(viii) 

partial forgiveness and debt consolidation.

2.  
The list of potential forbearance measures set out in point (b) of paragraph 1 is without prejudice to rules set out in national law and does not require Member States to provide for all of those measures in their national law.
3.  
Member States may require that, where the creditor is permitted to define and impose charges on the consumer arising from the default, those charges are no greater than is necessary to compensate the creditor for costs it has incurred as a result of the default.
4.  
Member States may allow creditors to impose additional charges on the consumer in the event of default. In that case, Member States shall place a cap on those charges.