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Directive 2008/48, on credit agreements for consumers, does not apply, as per article 2, paragraph 2, letter j), to credit agreements which relate to the deferred payment, free of charge, of an existing debt.

In case C-127/15, the European Court of Justice was asked to establish whether a credit rescheduling agreement between a consumer and a debt collection agency, acting on behalf of a creditor, constitutes or not a case of a deferred payment, free of charge, where the agency charges the consumer not only the total amount of the credit, but also interest and fees which were not provided for in the agreement originating the credit.

With judgment of 8th December 2016, the Court has stated that that agreement does not constitute a deferred payment, free of charge, and has also explained that such an agency operates as a credit intermediary, according to article 3, letter f), of the Directive.

Therefore, a credit rescheduling agreement such as the one at issue is subject to Directive 2008/48.

It will then be upon the national judge to ascertain whether a debt collection agency has acted as a credit intermediary only in an ancillary capacity. If so, the agency will not be subject to the obligation to provide the consumer with pre-contractual information under articles 5 and 6 of Directive 2008/48.