Free consumer credit and cash facility
Verified 31 October 2023 - Directorate for Legal and Administrative Information (Prime Minister)
Need to make an unexpected purchase? You may be able to benefit from a payment in several times free of charge. Payment in several toll-free is one free credit granted by the merchant. If the repayment term not exceeding 3 months, this is a cash facility. If the repayment term exceeds 3 months, this is a free consumer credit. We present you with the information you need to know.
Free consumer credit
Free consumer credit is subject to the rules applicable to consumer credit. Therefore, you are better protected when you take out a free consumer credit (payment in installments free of charge) than when you take out a cash facility.
The free consumer credit is an interest-free credit or a credit with an interest rate of zero.
If you receive this type of credit, you must repay only the money you've been lent.
Since the loan is used to pay for your purchase, the amount to be repaid is product price that you bought.
The free credit allows you to repay this price in installments.
Example :
If you buy a product from €500 and that the trader gives you the possibility to pay by 5 times free of charge, you will make refunds of €100 per month for 5 months.
You will have paid in total €500 over 5 months.
The professional who offers payment in several times free of charge is not entitled to to make you to pay interest, or artificially increase the price to compensate for the absence of financial interest.
It's her forbidden sell the product to a higher than lowest price which he practiced for the same good during the Last 30 days prior to your purchase.
But the merchant or their financial partner can ask you for application fee for the introduction of free consumer credit.
The free consumer credit to a cost, which is the interest you would have paid if you had made a conventional loan.
This cost is supported by the merchant or financial partner with whom they work.
The publicity which presents the offer of free credit must specify who bears the cost of the credit granted free of charge.
The merchant who offers a multi-payment free of charge does not have to give you a discount if you pay cash.
But the trader may decide give the rebate to cash customers. In this case, he must include this information clearly on the advertising media which indicate the possibility of paying in installments free of charge.
Verifying your creditworthiness
The bank or credit institution must check if you have the financial capacity to repay the monthly installments of the credit.
This verification is done first by comparing your income with your mandatory expenses (rent or monthly mortgage, heating, electricity, water, food, reimbursement of consumer credits, etc.). This allows the bank to know how much money remains available in your income after you have finished paying your mandatory expenses.
Then the bank has to go to the National Personal Credit Redemption Incident File (FICP) to check if you've had trouble repaying other credits in the past, or if you've ever issued NSF checks.
Delivery of a pre-contractual information sheet
If the merchant or their financial partner believes that you meet the credit conditions and they want to give you the loan, they must give you a pre-contractual information sheet.
Before signing the contract, the lender (the bank or the credit institution) must provide you with the information that will enable you to know whether the credit is suitable for your needs and financial situation.
The lender must obligatory provide you with a pre-contractual information sheet containing the following elements:
- Identity and address of the lender
- Type of credit (earmarked credit, staff, renewable...)
- Amount of credit and conditions for making available the amount borrowed
- Duration of the contract, number and schedule of refunds (per month, every 2 months...)
- Total amount due
- The total cost of the charge, expressed as a specific amount
- Annual percentage rate of charge (APR) (except in case of rent-to-own), with explanations of how this rate is calculated (expressed as a percentage of the sum borrowed)
- Compensation payable in the event of late payment
- Existence of a withdrawal period : you have 14 calendar days to give up your credit after the contract is signed
- Articles of the Consumer Code on the period of validity of the offer and on the minimum period for reflection
- Your right to obtain, on request and free of charge, a copy of the credit agreement offer
- In the case of an assigned appropriation, the property or service provided is financed
The pre-contractual information sheet can also be used to compare the merchant's proposed credit to other credit proposals.
Submission of a written offer
Once you have received the pre-contractual information sheet, the bank or financial institution must send you a written loan offer.
The bank has to give you 15 minutes free days to sign the loan offer.
If you sign the loan offer within this period, it becomes your contract.
The contract must contain a clause that informs you that you have a right of withdrawal that you can exercise within 14 years calendar days after signing.
Please note
if you take a credit that is not free at the same time as the free credit with the same organization, there must be 2 separate contracts.
You have the right to waive the free consumer credit after the offer is signed, as is the case for all consumer credit.
You must send a termination letter to the lender within 14 calendar days that follow the signature.
The letter of termination must be sent by registered mail with notice of receipt.
You can use the following letter template:
Letter of withdrawal of an assigned credit
If you terminate the free consumer credit agreement, the sales agreement will also be automatically terminated.
Cash facility
The cash facility is not subject to the rules applicable to consumer credit. Consequently, you are less protected when you subscribe to a cash facility than when you subscribe to a free credit (payment in installments without charge).
The cash facility can be free or chargeable.
There is no mandatory rule: it is the merchant and his financial partner who decide whether or not to add interest and/or fees to the sale price.
Example :
If you buy a product from €300 and that the trader gives you the possibility to pay by 3 times free of charge, you will make refunds of €100 per month for 3 months. You will have paid in total €300 over three months.
If you buy a product from €300 € and that the trader gives you the possibility to pay in 3 times with fees of €30, you will make refunds of €110 per month for 3 months. You will have paid in total €330 over three months.
If the cash facility is granted free of charge or interest, it is the merchant who bears the loss of earnings.
The merchant who offers a multi-payment free of charge does not have to give you a discount if you pay cash.
But the trader may decide to grant the drawback in the case of a cash payment.
The trader or his financial partner shall not be required to comply with the formalities imposed in respect of free consumer credit:
- Solvency test and information on the nature of the commitment
- Delivery of a pre-contractual sheet detailing the terms of the credit
- Submission of a written offer with a waiting period
- Information on the right of termination
Since there is no consumer loan agreement, you do not have a right of withdrawal who could automatically cause the sales contract to be terminated.
But you can to request the termination of the contract of sale directly if provided for in the contract.
The law also allows you to to request the termination of the sales contract if you did distance shopping (by phone or over the internet).
You must send a letter of termination to the seller in 14 calendar days that follow the signature.
The letter of termination must be sent by recommended with notice of receipt.
You can use the following template:
Send this email registered letter with acknowledgement of receipt to the lending institution.
TO [name and address of the lender] .
I, the undersigned, [your handwritten surname and surname] ,
declares that it has forfeited the offer of credit by [hand-written borrowed amount] euros that i accepted on [date of signature of the hand-written loan] .
This appropriation was intended to cover the acquisition of [Property purchased or service provided (written notice in hand)] at [handwritten seller's name and address] .
[Borrower's date and signature] .
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