60Those documents show, first, that Slovenian procedural law does not clearly provide for a right for the consumer to seek the suspension, even on a provisional basis, of the enforcement of a mortgage contract on the grounds that that contract includes an unfair term. In any event, even assuming that the consumer does have such an option, the fact remains that national law makes an application for suspension of enforcement subject to satisfaction of very strict procedural conditions and to the provision of a deposit by way of guarantee at the request of the creditor. Such requirements, in practice, make it almost impossible to obtain such a suspension, since it is likely that a debtor in default will not have the necessary financial resources to provide the guarantee required. Second, it appears that the court before which the mortgage creditor brings an application seeking the grant of enforcement of its claim may not check of its own motion whether the terms of that contract are unfair. Finally, third, it is apparent from the request for a preliminary ruling that there is a not insignificant risk that, in enforcement proceedings, the consumers concerned may be deterred from defending themselves and fully asserting their rights, in view of the costs of legal representation to which the proceedings would give rise compared to the amount of the debt concerned and of the fact that it is not possible to seek legal aid.
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