TKHK art.17-21: Special rules for the protection of the consumer in installment sales contracts.
Form of the Contract
- Must be in writing
- A copy must be given to the consumer
- Total amount, number of installments, maturity, interest net
- The seller must sign
Early Payment Right
- Consumer can pay the entire debt early
- He has the right to interest reduction
- Early payment penalty cannot be applied (TKHK)
Default
- When 2 consecutive installments are not paid, the seller will be given an acceleration notice
- A period of 30 days must be given
- At the end of the period, the entire debt due
Revocation of the contract
- If the seller reneges on the contract, the goods are returned
- Amounts paid by the consumer are refunded
- Calculation: usage fee is deducted
Supreme Court 13. HD
13. HD accepts that not applying an early payment discount in installment sales will be considered "absolutely unfair practice" and the consumer may request a refund.
Practical Tips
- Sign all pages of the contract
- Note the total amount
- Request calculation before making early payment
Consumer lawyer recommended.