BILL 2 – 2004
BUSINESS PRACTICES AND CONSUMER PROTECTION ACT
Part 3 -- Rights of Assignees and
Guarantors Respecting Consumer Credit
Assignee's
obligations
15 (1) Subject to subsection (2),
an assignee of a right of a supplier in a consumer transaction
has no greater right than, and is subject to the same
obligations as, the assignor respecting the credit given to the
consumer.
(2) A consumer must not receive from, and
is not entitled to set off against, an assignee of the supplier
an amount greater than the balance owing on the contract at the
time of the assignment.
Guarantor has
same rights as consumer
16 A guarantor may rely on a
defence that is available to a consumer in an action commenced
by a supplier against the guarantor, whether or not the consumer
is a party to the action, but a guarantor must not use the
infancy or bankruptcy of the consumer as a defence.