Arrears and possession
This section has no associated Explanatory Memorandum
19.—(1) A creditor must exercise reasonable forbearance before initiating possession proceedings.
(2) Any charges that the creditor imposes on the borrower arising from the borrower’s default must be no greater than is necessary to compensate the creditor for costs incurred by the creditor as a result of the default.
(3) Where the price obtained for the secured property affects the amount owed by the borrower under the contract, the creditor must take all reasonable steps to obtain the best possible price for the secured property.
(4) Where, after possession proceedings, outstanding debt remains, the creditor must put in place measures to facilitate repayment by the borrower.