§ 2-9. Repayment of credit

The Financial Contracts Act (Finansavtaleloven)·LOV-2020-12-18-146

Machine-translated from Norwegian. The Norwegian text is the one that applies. Read the original in Norwegian.Norsk English العربية Polski Українська

In brief

The text of the law (unofficial translation)

§ 2-9. Repayment of credit

(1) When credit is repaid, interest, fees and other credit costs (kredittkostnader) shall be paid, calculated up to and including the day of payment, but see § 2-10.
(2) Unless otherwise specifically provided, the credit amount, accrued interest and other credit costs shall be repaid when the creditor (kreditor) demands it. The amount may be repaid in full or in part before the agreed time for repayment of the credit.
(3) If, when paying an instalment or making another partial repayment, the debtor has not stated how the payment is to be set against the outstanding claim, and nothing else follows from the context, the payment shall be set against the claim that fell due earliest under the credit agreement (kredittavtale).
(4) The Late Payment Interest Act applies to late payment in connection with the credit agreement, unless terms more favourable to the debtor have been agreed. For mortgages (boliglån), § 4 of the Late Payment Interest Act applies in favour of the debtor even if the debtor is not a consumer (forbruker).
Source: Lovdata — Finansavtaleloven (the Financial Contracts Act) § 2-9

What does this mean?

This section says how a credit is settled. If you pay off the loan, you must cover interest, fees and other costs up to and including the day you pay. The exception is early repayment of a fixed-rate loan (fastrentekreditt), which § 2-10 regulates. Otherwise, the main rule is that the lender can demand the loan repaid, with accrued interest and costs, whenever they wish, unless something else has been agreed. The debtor can also pay all or part of the amount before the agreed time.

The third paragraph solves a practical problem. If the debtor pays an instalment or another partial payment without saying what it is for, and the context does not indicate otherwise, the payment is set against the oldest claim that has fallen due under the credit agreement. Example: The debtor sends in an amount without any note, and two instalments have fallen due. The amount then goes to the instalment that fell due first.

The fourth paragraph refers to the Late Payment Interest Act. It applies when payment in connection with the credit agreement is late, unless the agreement has terms that are better for the debtor. For mortgages, the debtor benefits from § 4 of the Late Payment Interest Act even if they are not a consumer. That section says that late payment interest (forsinkelsesrente) can be reduced if the debtor had reasonable grounds to refuse to pay. It also says that the creditor cannot charge fees or average-calculated loss items other than those permitted by the Debt Collection Act (inkassoloven), and that the rules cannot be departed from to the detriment of the debtor.

§ 2-10 gives the creditor the right to demand compensation for loss on early repayment of a fixed-rate loan, if the agreement says so. The debtor is not liable for more than the interest that would otherwise have been paid. If the creditor can demand compensation for loss, the debtor shall to the same extent be credited with any gain the creditor makes. § 2-11 and § 2-12 apply after the claim has been paid: the debtor and the guarantor (kausjonist) must receive written confirmation, and the creditor must make sure that collateral (pant) and other security are deleted or released, unless otherwise agreed.

Related sections
All sections of the Financial Contracts Act →
Questions about this section