Clipping of news on Brazilian Culture, Law and Citizenship
17/05/2013
This article was translated by an automatic translation system, and was therefore not reviewed by people.
Cars purchased by leasing that are returned amicably will have to go to auction. If you arrive at the total amount collected from the car, the debt will be repaid. Photo: Gustavo Azeredo / O Globo
The Commission on Consumer Protection of the Legislative Assembly of Rio (CODECON / Alerj) won yesterday in the first instance, a class action lawsuit filed against financial and demanded suspension of the collection of lease payments after robbery, theft or return friendly car. This type is a type of financing in which the good is assigned to settle the monthly installments.
Before the court ruling, when he had the stolen car or stolen, the consumer was required to pay benefits to the end, even if he had hired insurance. The total discharge was also mandatory when returning the car for lack of payment terms.
According to the committee chairman, Rep. Luiz Martins (PDT), the charge was considered unfair:
- Now leasing companies will have to declare void the contractual clause imposing this charge and shall restore double the amounts charged.
Despite the victory in the 2nd Corporate Court of the Court of Rio de Janeiro (RJ-TJ), the attorney CODECON Rafael Couto explains that, most likely, the action will reach the Supreme Court (STF).
- If the judgment is published, they (the institutions) have a term of 15 days to appeal. If recourse, the decision shall be suspended until the trial of the action - said Couto.
Companies affected
The suit covers consumers of 12 banks and financial institutions (financial BV, ABN Amro Real-Aymore, Santander, Panamericano, Itaú Unibanco, Bradesco / Finasa BMC, HSBC, Volkswagen, Fiat, Ford, GMAC and Sofisa).
In a statement, the Brazilian Association of Leasing Companies (Abel) said "will analyze the resources needed reasonable, since it means that the decision is contrary to the interests of its members."
Read more:
Source: Extra - online
Our news are taken in full from our partner sites. For this reason, we can not change the contents of the same even in cases of typos.
This article was translated by an automatic translation system, and was therefore not reviewed by people.