P-40.1, r. 3 - Regulation respecting the application of the Consumer Protection Act

Section 34 Disposition versions

2016-01-01

34. A contract for the loan of money that contains a clause of forfeiture of benefit of the term must, immediately after that clause, contain the following compulsory clause:

“Clause required under the Consumer Protection Act.

(Clause of forfeiture of benefit of the term)

Before availing himself of this clause, the merchant must send the consumer a notice in writing and a statement of account.

Within 30 days following receipt by the consumer of the notice and the statement of account, the consumer may:

(a)  either remedy the fact that he is in default;

(b)  or present an application to the court to have the terms and conditions of payment prescribed in this contract changed.

It is in the consumer’s interest to refer to sections 104 to 110 of the Consumer Protection Act (chapter P-40.1) and, where necessary, to communicate with the Office de la protection du consommateur.”.

R.R.Q., 1981, c. P-40.1, r. 1, s. 34; I.N. 2016-01-01 (NCCP).

2012-09-01

34. A contract for the loan of money that contains a clause of forfeiture of benefit of the term must, immediately after that clause, contain the following compulsory clause:

“Clause required under the Consumer Protection Act.

(Clause of forfeiture of benefit of the term)

Before availing himself of this clause, the merchant must send the consumer a notice in writing and a statement of account.

Within 30 days following receipt by the consumer of the notice and the statement of account, the consumer may:

(a)  either remedy the fact that he is in default;

(b)  or present a motion to the court to have the terms and conditions of payment prescribed in this contract changed.

It is in the consumer’s interest to refer to sections 104 to 110 of the Consumer Protection Act (chapter P-40.1) and, where necessary, to communicate with the Office de la protection du consommateur.”.

R.R.Q., 1981, c. P-40.1, r. 1, s. 34.