Part 9 — Cost of Credit Disclosure Division 1 Interpretation and Application
100 Assignee
may assert against a person to whom the rights of a credit grantor
have been assigned any rights or remedies under section 96, 97 or
98 that the borrower could have asserted against the original credit
grantor immediately before receiving notice of the assignment.
RSA 2000
(2) The assignee's maximum liability under any of the provisions
referred to in subsection (1) is limited to the outstanding balance at
the time of the assignment, or the proportion of the outstanding
balance that is assigned to the assignee.
(3) An assignee incurs no liability under this section for a credit
grantor's contravention of this Part or the regulations unless
(a) the assignee knew of the contravention before the borrower
received notice of the assignment,
(b) the contravention consists of the credit grantor's failure to
deliver a disclosure statement to the borrower when required
by this Part or the regulations, or
(c) the contravention is appare nt on the face of a disclosure
statement, or by comparing the disclosure statement with the
written terms of the credit agreement.
(4) An assignee is entitled to rely in good faith on a borrower's
signed acknowledgment of receipt of a disclosure statement.
1998 cF-1.05 s100