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Parliamentary questions
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21 January 2021
E-000363/2021
Question for written answer  E-000363/2021
to the Commission
Rule 138
Miroslav Radačovský (NI)
 Answer in writing 
 Subject: Deferral of loan repayments – the consumer has the right to information, protection against unfair terms in consumer contracts and protection of economic interests

Act No. 67/2020 Coll. on certain extraordinary measures in the financial area in relation to the spread of the dangerous contagious human disease COVID-19, as amended by Act No. 75/2020, which entered into force on 9 April 2020 (hereinafter referred to as ‘the Act’) allows consumers as well as small and medium-sized enterprises to defer repayment of their loans. Consumer loans and mortgages owed to banks may be deferred for nine months, and loans owed to non-banking and leasing companies may be deferred for a maximum of six months.

As the creditor does not provide information on the loan before the application for deferral is made, the consumer is not informed in advance about the terms of the loan. The consumer has the right to information, protection against unfair terms in consumer contracts and protection of economic interests. The creditor provides the information up to two months after the request for deferral has been submitted, but in the meantime the loan continues to accrue interest at the contractual interest rate.

Creditors will be able to unilaterally change the contractual conditions after the end of the deferral period, e.g. change the interest rate or the amount of the fees and the instalments, without informing the consumer in advance. In fact, the granting of a deferral of payments results in the conclusion of a new contract.

Requests for deferral of instalments from 1 January 2021 result in an entry being made in the credit records.

The wording of the above-mentioned law contradicts Slovak law and Directive 93/13/EEC.

If a breach of consumer rights is identified, what steps will the Commission take to ensure compliance with EU law?

Original language of question: SK
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