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

Section 69.0.3 Disposition versions

2019-08-01

69.0.3. Where the merchant wishes to avail himself of the right of repossession, the notice to the consumer must comply with the following standard notice and provide as many lines as necessary to meet all the requirements:

(CONSUMER PROTECTION ACT, S. 139)

NOTICE OF REPOSSESSION

Date: .............. (date on which notice is sent or given)

.............. (name of merchant)

.............. .............. (telephone number of merchant)

.............. (address of merchant) hereinafter called the merchant gives notice to:

.............. (name of consumer)

..............

.............. (address of consumer)

hereinafter called the consumer, that the consumer has failed to fulfil the obligation in accordance with the contract (No. ..............) (contract number, if any) entered into by them at .............. (place where contract was entered into) on .............. (date on which contract was entered into) and the following payment or payments are due:  $.............., (amount of payment) on .............. (due date of payment)  $.............., (amount of payment) on .............. (due date of payment) for a total of $.............. (amount due) at this date.

(or description of another type of default, such as failure to insure goods as provided for in the contract, to the extent that that requirement is allowed under the Act)

The consumer may, within 30 days after receiving this notice,

(a) remedy the default by paying the amount due at this date (or other remedy, if applicable);

(b) return the goods to the merchant.

If the consumer has not remedied the default or has not returned the goods to the merchant at ..............

(address)

within 30 days after receiving this notice, the merchant will exercise the right of repossession by having the goods seized, at the consumer’s expense.

If the consumer has already paid one-half of the amount of the total obligation and of the down-payment, the merchant will not be entitled to exercise the right of repossession unless the merchant obtains the permission of the court.

In the case of voluntary return or forced repossession of the goods following this notice, the contractual obligation of the consumer is extinguished and the merchant is not bound to return the amount of the payments already received.

It is in the consumer’s interest to examine the contract and, if further information is necessary, to contact the Office de la protection du consommateur.

O.C. 994-2018, s. 41.