Introduction to the Consumer Credit Act
The Consumer Credit Act is a key element in Switzerland's financial landscape. It aims to protect consumers when they take out credit, and to ensure healthy competition between lenders. In this article, we offer you a comprehensive guide to the Consumer Credit Act. consumer credit in Switzerland. This includes its main provisions, the rights of borrowers and the obligations of lenders. Find out everything you need to know before taking out a private loan in complete security and under the best possible conditions.
The basics of consumer credit law
The Swiss Consumer Credit Act (LCC) was introduced to regulate the consumer credit market and protect consumers. In particular, this law governs lending conditions, interest rates, and advertising.
Scope of application
The Consumer Credit Act applies to loans granted by financial institutions or private lenders to individuals. The aim is to finance goods or services for private use. It applies to consumer credit, leasing and pawnbroking. However, it does not apply to mortgages or business loans.
Interest rate cap
The Consumer Credit Act provides for a ceiling on interest rates for consumer credit. This ceiling is set by the Federal Council and may vary according to economic and market conditions. For more information on private credit interest rates, please consult the following article. Rising interest rates on consumer credit in Switzerland!
Lenders' obligations under consumer credit law
The Consumer Credit Act imposes a number of obligations on lenders. This is to protect borrowers and guarantee a transparent and fair credit market.
Pre-contractual information
Before entering into a consumer credit contract, the lender must provide the borrower with clear and comprehensible information on the main terms and conditions of the loan. CREDIT CHARACTERISTICS. This includes specifying the amount, term, interest rate, fees and repayment terms.
Credit check
The lender is obliged to check the borrower's creditworthiness before granting consumer credit. This check must include a revenue analysis, of the borrower's expenses and any debts. In addition, a consultation of the Central Credit Information Office (ZEK) to check whether the borrower has already taken out other loans is also part of the lender's obligations.
Credit refusal in cases of overindebtedness
If the credit check reveals that the borrower is over-indebted or presents a high risk of being unable to repay the credit, the lender must refuse to grant the consumer credit. The aim of this measure is to protect borrowers against excessive debt and prevent overindebtedness.
Documentation and transparency
The lender must provide the borrower with a written credit agreement. This must detail all relevant information concerning private credit. Such as the amount borrowed, the term of the loan, the interest rate, the repayment schedule and any associated charges. The contract must be drafted in a clear and comprehensible manner. This is to comply with the provisions of the Consumer Credit Act.
Borrowers' rights under consumer credit law
The Consumer Credit Act also guarantees a number of rights to borrowers. The aim is to ensure their protection and enable them to take out a credit on the best possible terms possible.
Right of withdrawal
Borrowers have the right to withdraw from a consumer credit contract within 14 calendar days. This right runs from the date of conclusion of the contract. You do not have to justify your decision or pay any penalties. To exercise this right, the borrower must inform the lender in writing before the end of the withdrawal period. The request must be made by letter, e-mail or fax.
Early repayment
The borrower has the right to repay all or part of your consumer credit early. This can be done at any time and without penalty. In this case, the lender must recalculate the amount of interest to take account of the early repayment. It will then adjust the outstanding balance accordingly.
Protection against door-to-door sales
It is forbidden to conclude a consumer credit contract by door-to-door canvassing. In this case, the borrower has a cooling-off period of 14 calendar days to cancel the loan without having to justify his decision or pay any penalties.
The private credit broker
Broker fees and billing
Under no circumstances must the consumer pay any compensation or fees to the broker who helped him or her obtain credit. The broker's fees are fully covered by a commission which the lender passes on to the broker. This, of course, follows the conclusion of a private credit agreement with the customer.
Authorization to practice as a credit broker
Brokers wishing to practice the profession must obtain an authorization issued by the latter's canton of residence. This authorization is issued on condition that the broker can meet the following criteria:
- it must enjoy a good reputation and present all the guarantees of an irreproachable activity; ;
- the broker must not have been convicted of a criminal offence in connection with the activity subject to authorization during the five years preceding the application for authorization; ;
- those responsible not to see a certificate of default against them; ;
- They must also have three years' experience in financial services; ;
- the broker must also hold securities to the value of CHF 10’000.- to guarantee any damage resulting from this activity.
If all the above criteria are met, then the credit broker can obtain a license to practice the profession, which will be issued by the canton. Please note that this authorization must be renewed every 5 years.
How do I choose my private credit broker?
To choose correctly your private credit broker, Make sure you check the following points:
- Does my broker have a good reputation? To verify this information, simply check the reviews that consumers have given to the broker of your choice. For example, you can check your Google listing. You can also check out what's being said about him on Facebook or LinkedIn. Generally speaking, if you find bad reviews or no existing information, it might be better to check your contact's qualifications in more detail by simply asking a few questions.
- Is my broker authorized to do business? As a consumer, don't hesitate to ask. If necessary, you can also ask for proof. As explained above, if your broker is licensed, he will be able to show you his cantonal authorization.
Advertising and the consumer credit law
The Consumer Credit Act also regulates the advertising of consumer credit. This is to prevent misleading practices and ensure fair and healthy competition between lenders.
Ban on misleading advertising
The law prohibits consumer credit advertising that is misleading or deceptive. For example, it is forbidden to present interest rates or credit conditions that are unrealistic or not in line with reality.
Information obligation
Advertisements for consumer credit must clearly and legibly state certain mandatory information. The effective interest rate, credit charges and repayment terms must be specified. This obligation is designed to guarantee transparency and enable consumers to compare credit offers in an enlightened way.
Controlling promotional offers
Promotional offers for consumer credit, such as reduced interest rates or free gifts, must comply with certain rules. They must not encourage consumers to take out credit irresponsibly. For example, promotional offers must be clearly limited in time. They must not be conditional on the purchase of other products or services.
Penalties for non-compliance with consumer credit law
The Consumer Credit Act provides for sanctions in the event of non-compliance with its provisions by lenders. These sanctions ensure that consumer rights are respected and that the rules governing the credit market are applied.
Administrative fines and penalties
Lenders who fail to comply with the requirements of the Consumer Credit Act, such as pre-contractual information, solvency checks, or capping interest rates, The penalties for non-compliance may include fines and administrative sanctions. These sanctions may include suspension or withdrawal of authorization to operate as a lender.
Lender liability
Lenders can also be held liable for damages caused to borrowers in the event of non-compliance with consumer credit law. For example, if a lender grants credit to a borrower who is over-indebted, it may be liable to pay damages to compensate for the harm suffered by the borrower.
Tips for borrowers before taking out a private loan
Before taking out a consumer credit contract, it's important to be well informed. Here are a few tips to help you navigate the consumer credit landscape:
Evaluate your needs and repayment capacity
Before taking out a consumer credit loan, carefully assess your real needs and your ability to repay the loan. This takes into account your income, expenses and any debts you may have. If you're not sure about your budget, get free help from an advisor from Lica.
Compare credit offers with a reputable broker!
Take the time to ask the services of a private credit intermediary. He or she can compare consumer credit offers from different lenders. He or she will take into account interest rates, fees and repayment terms. What's more, a private credit professional can also maximize your chances of obtaining private credit at the best market conditions. His expertise and knowledge will be invaluable in preparing your loan application.
Read the loan contract carefully
Before signing a consumer credit contract, carefully read the terms and conditions of the contract, making sure to understand the information on the amount borrowed, If you have any questions or doubts, don't hesitate to ask your private credit intermediary for explanations. If you have any questions or doubts, don't hesitate to ask your private credit intermediary for clarification.
Keep in mind your right of withdrawal
Don't forget that you have 14 calendar days to exercise your right of withdrawal after signing the consumer credit contract. You don't have to justify your decision or pay any penalties. If you change your mind, don't hesitate to exercise this right to protect your interests.
Plan the repayment of your private credit
Once you've taken out your consumer credit, it's important to plan its repayment. Make sure you'll be able to meet the repayment deadlines. In the event of financial difficulties, For more information, please contact your broker to discuss repayment solutions.
Consumer Credit Act - Our conclusion
The Consumer Credit Act is an essential tool for protecting consumers and ensuring a fair and transparent credit market in Switzerland. As a borrower, it's important to know your rights and the obligations of lenders. This will enable you to consumer credit in complete safety and under the best possible conditions. You are also welcome to seek advice from a private credit broker before you commit yourself. In fact, you can consult this complete guide to consumer credit law at any time to make sure you comply with the rules in force.
Do you have any questions before applying for a private credit? Our advisors are available 7 days a week to answer your questions directly on WhatsApp. Ask us for more information and we'll be happy to help!