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Project in ALMG guarantees the consumer to be reported on inclusion in debtor registration

11.23.2015

This article was translated by an automatic translation system, and was therefore not reviewed by people.

 

 

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 Project in ALMG guarantees the consumer to be reported on inclusion in debtor registration

Have the name summarily negated in credit protection services can become a headache of the past. A Project Act (PL) in progress at the Legislative Assembly of Minas Gerais (ALMG) intends to regulate the activities of credit protection entities and ensure consumer rights. If approved, the default name can only be inserted in the list of debtors after sending a mail with return receipt requested (AR).

This means that consumers will have to sign a waiver saying they are aware of the inclusion of name in the register of debtors. In São Paulo, such a rule, Law 15,659, in force since September.

In Belo Horizonte, currently, companies need to send a letter to the delinquent before them negative. The goal is to inform you of the inclusion in the "black list". However, there is no need for the company to prove the correspondence. When the customer changes address, for example, or when the letter astray, it is not possible to verify the delivery of the notification.

Improper inclusion

As a result, it is common for consumers to discover who are the "bad name" as is said in the square, only when they go to buy some good. And often, the listing is done improperly.

This is the case of the driver Geraldo Gomes. His name consisted in a national list of debtors for a year. "I was doing a card when the manager said I had a phone bill, which had already settled long ago. The luck is that I keep all slips, "he says.

With ticket in hand paid, the driver sought Procon the Assembly. "In 24 hours they took my name the debtors' ledger. But it was a huge headache, an embarrassment. If the law changes, it will be great, "he said.

Telephony

The Crisane Barbosa manicure also points out the embarrassment as the worst part of having the name negated improperly. "One day I got a call saying that due to a telecommunications company and that my name was on a list to negative. I've never been customer of that company. We get embarrassed and lose time trying to solve the problem while the company accuses us of duty is there, just waiting. It's an absurd. This law must begin to take effect, "he says.

Transparency

According to the manager of Procon Assembly, Gilberto Dias de Souza, check that notified the customer is the minimum that the company should do. "The company needs to be very sure before turning a person's life upside down. The law changes this scenario and gives more transparency to the consumer, "he says.

After legislation in SP, 10 million of debt in September failed to go to the Register

A survey conducted by three of the main protection entities at the country credit Serasa Experian, SPC Brazil and Boa Vista SCPC, points out that at least 10 million of debt of 7 million consumers no longer negativadas those entities in São Paulo in September, when the new law came into force in the neighboring state.

According to a statement jointly sent by the entities, the cost of mail with return receipt requested (AR) would remove the entries.

In addition, "the last two months, the letter with AR was used by a few companies and had proven its inefficiency: 30% of mailings with RA back unsigned. But the simple model has its proven over more than 30 years, "it said.

The representative of the Institute of Securities Studies protest Brazil - Minas Gerais Section (IEPTB-MG), Helton de Abreu, rebate credit bureaus. He said a match with RA costs r$ 6.50.

"The profit that these companies have with selling mailing and customer consultation is immense. To see a name they charge about $ 13 is twice that of a correspondence with RA, "criticizes the IEPTB-MG member.

He also points out that to protest a debt notarized is necessary to prove the debt. In addition, the person receives a summons, which makes the protest is the knowledge of the default, or at least that there is room for argument.

Defaulters will have ten days to pay off the debts

As well as companies have to send a mail with return receipt requested (AR) for the consumer, the Bill (PL) 1193/2015, authored by Mr Noraldino Junior (PSC), guarantees the consumer ten days to pay off debt before having the name included in the list to negative. Another determining the PL is to open a channel of communication so that customers can present controls.

The bill just passed by the Committee on Constitution and Justice (CCJ), but already generates controversy. The Institute of Securities Studies Protest in Brazil - Minas Gerais (MG-IEPTB) argues that the standard of São Paulo is also approved in the state.

As stated by the representative IEPTB-MG Helton de Abreu, credit bureaus them, as they are also called the credit protection entities may include the names of delinquent customers over the Internet.

"They do everything very quickly, without much control. May be negative a person not knowing if she really received the letter advising of debt, or the debt is really it, "he complains.

Tug of war

On the other hand, the credit bureaus report that in São Paulo, after implementation of the new law, traders began to seek more registries. There [/ TEXT] was therefore a fight for market share created by consumer debt.

Survey of protection services to credit SCPC Boa Vista, Brazil SPC and Serasa Experian shows that in October were protested 266,700 debt in registries of São Paulo, a record for October since 2011, when the research began.

In Sao Paulo, membership is free for those protesting the debt. The costs are transferred to those who will pay off the debt.

In Minas Gerais, who protests pays the notary fees and when the defaulter pays off the debt for a new payment of fees. Who protested it is reimbursed by the office.

The office of the charges vary depending on the debt amount. "There are 25 ranges of values," said Abreu. For note, the credit bureaus say the cost to the defaulting consumer can get up to 30% higher than if you have the name included in a register of debtors.

 

Source: These Days

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