Clipping of news on Brazilian Culture, Law and Citizenship

A survey released by PricewaterhouseCoopers in January showed that the Brazilian consumer defaults increased by 8% in 2008 in comparison with 2007. What many do not know is that, despite the debt, they have rights that must be respected.

Member's office and attorneys R. Silva, Fernanda Figueiredo Malaguti explains that institutions such as PricewaterhouseCoopers and CPS must notify the consumer before including it in a list of debtors.

"According to the second paragraph of Article 43 of the Consumer Defense Code, the person must be notified by the body to protect the claim, in writing (letter, telegram, facsimile, etc..), There are applications for inclusion Card on your behalf. In this release must contain the information identifying the claim as home, the creditor data, among others, beyond the provision of minimum period of 5 days for the consumer to regularize the situation with the creditor, "says the lawyer.

Despite having their rights protected by law, the consumer, of course, has a way to "cleanse" their name. "The first step is to know who to, or locate the creditor, which can be done with the help of the Commercial Association or Serasa of their city, requiring detailed on negativações in on their behalf."

Check two common situations: - Check returned: the consumer must pay the debt with the creditor and redeem the original path of the check, taking it to their bank to settle the pending.

- Title protested in office: to request certificate of protest in the office to identify the creditor. After negotiating with the lender and pay the debt, the creditor must request a written statement, called the letter of consent, which included the debt was paid and that the creditor does not oppose the cancellation of the protest. This letter must be delivered to the Notary with the request that, after the costs of the office paid, the protest is withdrawn.

"If, after the fall of the check at the bank or the cancellation of the protest, also include restrictions on or Serasa Trade Association, consumers should turn to these bodies with evidence of discharge of debt and seek out the notes," Fernanda Figueiredo explains Malaguti.

"If there is lawsuit, consumers must demand that the creditor made petition telling the court on the discharge of the debt and requesting the final extinction of the process," said the lawyer.

Care in time to renegotiate the debt: A member of the office and R. Silva Advogados alert consumers about any unfair charges in the renegotiation of debts.

"It may be required of the consumer interest exceeding 12% per year or a fine levied more than 2%, except for financial institutions that are not limited to these rates. The monetary correction is always appropriate, but, depending on the value of debt and the form of payment, the consumer can even negotiate discounts. "

The expert also recommends that consumers, in this case, to advise of a lawyer, and to negotiate with the creditor or his representative, must always act with courtesy and show good faith to resolve the problem. This is because any agreement depends on the consent of both parties and the agreement will only happen if the creditor so desires also.

"Therefore, the consumer, under any circumstances, must assume obligations that will not be able to know fully or make use of false arguments to try to impress the creditor to obtain a good agreement. The loss of confidence makes a second trading much more difficult and sometimes impossible, "said Fernanda Figueiredo Malaguti.

Improperly registered name: They are not rare cases of people who had mistakenly included his name in a register of default. See how to act in this situation:

- The first step is to attempt amicable settlement of the issue. The consumer must seek the creditor, with education and explain the situation and warmth to the exclusion of the pending request. , Or send you notification out, exposing not contracted the debt, seeking the cancellation of insertion and sending a copy of the documentation that led.

- If you do not succeed through administrative means, may join with the consumer action in the courts or the Joint Special Civil Court, to the exclusion of his name entries of bad credit, and compensation for material damage experienced (loss of profits and consequential damages ) as well as repair the damage.

- You must attach proof of enrollment in undue (Serasa, CPS, certificate of protest, etc.). And losses experienced.

- You understand that the moral majority is assumed by the simple "negative", but the material damage must be proved through witnesses or documents evidencing the injury.

"The value of compensation for moral damage varies widely and depends primarily on the value of debt, or the consumer has no history of default, the size of the economic condition of the material supplier and the consumer victim. The courts have understood that if the consumer's name was "negative" before the wrongful registration, the force is pointing back to cause him harm and no compensation is due, "says Fernanda Figueiredo Malaguti.

"Considering all these factors, the compensation may vary from U.S. $ 500.00 to 60 minimum wages, making provision for the daily fine if the name of the consumer remains in the records of default court order after determining their exclusion," said a member of R . e Silva Advogados.



Source: Brazil Factor

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