Clipping of news on Brazilian Culture, Law and Citizenship
09/29/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
transparent image
The charging abusively, which exposes to ridicule or threatens the consumer, is punishable by detention and even imprisonment for the judiciary
With the crisis the country is facing, it is difficult to even keep the bills on time. If you can not pay all debts of the month, it is important to look for lending companies to renegotiate the debt and not paying absurd interest. But what to do when you make a deal and still continue calling you to charge? And when they leave several messages on your work, is that the company is not out of line? Check out the tips Attorney Lisandro Adames, a specialist in consumer rights, which will help you clarify some doubts.
1. How to differentiate the legal collection of abusive?
The abused is one in which the debt being charged exposes consumers to embarrassment, physical or moral threat, interfering with your work, rest or play. Of course, a call made to 20h can not be considered unfair but, for example, on Sunday, as configures an abusive situation.
2. After all, the company can charge at work? In what way?
The collection in the workplace should be done discreetly. By phone, contact reason can only be reported to the debtor. Sending letters to be discrete envelope and take receipt in "by hand". The billing company should take care to ask for identification of the recipient to deliver the warning. Never can tell another person the subject of the content.
3. And if you leave a message regarding the collection with a colleague?
Wall should be only with the request to return the call or to warn that someone will contact you again at another time. The charging abusively, which exposes to ridicule or threatens the consumer, is punishable by detention and even imprisonment by the judiciary. If you are in this situation, make a case in the Civil Police.
4. I signed the phone number of a family member or friend as a contact. The company can call them?
Yes. If the company can not reach the customer directly, you can call other contact numbers that are in the register. However, they should just say it's a person of interest issue and ask for return without informing that is a charge.
5. What are the legal ways of contact for billing?
Companies can contact the customer for landline, mobile, cable, SMS, email Whattsap Messenger letter with or without a receipt, notification via office, notice and protest with notification via office. What can not is the public contact, and leave messages on social networks without being inbox, for example.
6. How should I act if the company is invasive?
Phone calls can not be repetitively, causing psychological damage. Some companies connect several times a day, even after the person has informed the date you will pay the debt. In this case, it should be noted the time you got the call and contact the Ombudsman or SAC of the creditor company to make a claim. If not help, make a police report and join the Special Court for repair morally.
7. I did not pay the bill because they are charging me an abusive value. How should I proceed?
Ask a breakdown of the collection with the agreed conditions. If the demands are unfair, with terms which have collection beyond the usual prediction market, between a lawsuit in Small Claims asking deconstitution Debit Partial. Tell what are the amounts due and those who are being charged.
8. How many warnings do I have to receive before entering the SPC or SERASA?
Typically, a debt warning and a letter from the SPC and / or SERASA stating that within 10 days the account is not paid off, the record will be made in their entries.
9. How can I check if my name is negated?
Photo: Maicon Damasceno / Agencia RBS
The most practical way to SERASA consultation is to go to the All Easy (Borges de Medeiros Avenue, 521). For the SPC, in Porto Alegre, you can refer to these locations: Center Mall (Street Volunteers of the Homeland, 294, 2nd floor, room 259) Historical Center (Rua Doutor Flores, 240) and CDL - Chamber of Shopkeepers (Lord Street dos Passos, 235). The service is free.
Source: Daily Gaucho
To access the Diário Gaúcho 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.