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Business Practices and Consumer Protection Act

[SBC 2004] CHAPTER 2

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.

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