Clipping of news on Brazilian Culture, Law and Citizenship
07/01/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
transparent image
Source: Consumidor Moderno
Lawyer expert warns of consumer rights when it comes to renegotiate debts and other financial problems
Many Brazilians are struggling to meet its financial commitments. Unfortunately, it is one of the consequences of the economic crisis, which directly affects the pockets of consumers. Families who had their incomes reduced by unemployment, which reached 11.2% in the first quarter, must choose to pay your basic expenses or to comply with the payment of old debts or even financing assets. High inflation also contributes greatly to the increase in defaults. According to a survey of FecomercioSP, 18.8% of São Paulo are families with overdue accounts.
An output that many choose is the cancellation of loans or debt renegotiation. "Brazilian borrowers are giving up the dream of home ownership and a major reason is the family budget," explains lawyer specializing in consumer rights, Dori Boucault. However, he warns that one must be aware of their rights.
Below, the expert has listed some rights by giving up financing agreements:
direct withdrawal with the construction company or developer: This situation applies when the customer needs to suspend the property purchased in the plant. "The request for termination of the business can be made to the delivery of the keys, the moment in which there is no bank financing for the payment of the final installments," explains Dori.
As you can get back? Dori explains that in this case it is recommended that the client accepts lose a maximum of up to 15% of the amount paid for the company, as this percentage refers to that justice guarantees to customers that enter a lawsuit. Consumers can receive back, in most cases, up to 85% of them have paid for the construction. "These transactions are complicated and you may need to use a lawsuit. In this case it is not recommended to accept client sign any term that says accept giving up fight for their rights in court, "said Boucault.
Funding paid directly to the bank: when the customer has received the keys and are paying financing installments to the bank, the best way to get rid of funding, according to the lawyer, is to sell the property to another interested with the money, pay off the debt with the bank or transfer the loan to the new buyer.
"The first buyer runs the risk of not recovering all the money you have then invested the most common option in this case is that the new owner refinance the debt with the bank, but this can only be done if the bank accepts the new credit buyer, "said Dori.
After the credit analysis, the bank asks the buyer and the seller sign the contract must be notarized and brought the bank branch. After this procedure, the claim is released. Dori explains that in this case, the seller will get the buyer the difference between what has already been funded and the amount for which the property was sold. "The exact values are negotiated between the parties, without interference from the bank because the financial institution will not return any value to the former property owner," concluded the lawyer.
Rights to renegotiate debt
The lawyer explained that the renegotiation of debt is a more complicated area because it has no regulations. In general, renegotiation policies of the majority of banks do not meet the interests of consumers and are considered unfair. So it is a warning to the consumer only enter a refinancing case is able to pay the installments. "In case of arbitrary charges, the customer must report to consumer protection agencies and seek justice for the contract to be reviewed," said the expert.
Check out some tips and rights to renegotiate their debts:
- Be aware of the amounts charged: to renegotiate it with bank, shop or service is important to analyze the financial aspects of debt, for example, if the value is correct, if the applied interest are contracted interest if the conditions proposed they are fair and, especially, if they fit in the debtor's pocket.
- The consumer has the right to refuse the proposal: according to Dori, the client should only close the proposal if the proposed conditions met their needs. Noticing that the plots will be above their ability to pay, the consumer has the right to refuse and present a counterproposal that is subject to acceptance or rejection. "The consumer is not required to immediately accept the proposal made by the lender because it is a mutual agreement. Consumers should only accept to understand that trading is fair and if it will comply with what has been proposed, "guides Boucault.
- Pay attention to the contract: a renegotiation must be understood as a new contract, because it is a new debt. The new contract must make it clear to both parties all obligations and all rights. "Ideally, this process is well documented and that all the conditions are fully understood and accepted, it protects both sides in case of questioning in court," said the consultant.
- Information should be clear: in a negotiation with banks, this is no different. The complexity of the interest calculation, fees and corrections, the creditor must understand and answer any questions that the consumer does not feel aggrieved, because it is a more complex trading.
- Please note the dates of the credit protection agencies: to be able to pay the debt, the user name should be excluded from the credit protection agencies, must, within 05 working days. "The records of delinquent can not refuse to provide information to the consumer or collect amounts for this and should even inform the source of default," says Dori.
Dori guides before leaving for the renegotiation of the debt, the consumer needs to put the bills on the table, do the budget to know who should, how should and the entire amount of the involved debt, in addition, you need to know how much your income can separate to renegotiate debts. "Prioritizing debt payments according to your need is a good choice, considering that usually the most expensive debts such as overdrafts and revolving card have higher interest rates. The sooner the consumer be able to afford this type of debt, better for your financial life, "concluded the lawyer.
Source: Modern Consumer
To access the modern consumer site, click here.
Our news are taken in full of our partner sites. For this reason, we can not change their content even in cases of typographical errors.
This article was translated by an automatic translation system, and was therefore not reviewed by people.