Attorneys advise what to do when it falls in the coup of the 'purchase' disguised loan
This article was translated by an automatic translation system, and was therefore not reviewed by people.
The basic rule of contracts, loans and funding is transparency. Thus, the consumer is entitled to receive, in writing, all conditions of operation, mainly the amount financed, the amount payable at the end and cost effective, which includes interest and other charges such as taxes and other rates services. Otherwise, the contract has no validity.
The lawyer of the Center for Consumer Protection of the Public Defender Rio, Lamellar Lincoln, believes that many victims of the coup of simulated personal loan may be afraid to use the name Justice for having engaged in a purchase not made. "If the person is a trap, it becomes the victim and justice must go on the Consumer Defense Code," advises Lamellar.
The regional prosecutor's Republic Luiz Francisco de Souza explains that, even when the intermediated agency has said that the loan would be done through a sale, the consumer does not respond by the act because it was pressed by necessity. "For the contract is valid, we need the consensus of it. And in this case, his consent was not for sale and, yes, for loan. Any other way is to tax it, "says the prosecutor. According to Souza, the disadvantaged must use the Special Courts of Small Causes and ask that your statement is only output to the value actually received in the transaction.
In this type of coup, customers receive only one copy of proposal for membership and no credit and the contract itself, which contains all the conditions expressed. Thus, the client is not obligated to honor the interest rate charged by the institution that released the loan. In any case of absence of the conditions of the loan, the courts apply the warrant must state the interest rate provided for in Decree 22626/33 maximum of 12% per year.
In Superior Court, the issue is not yet peaceful, and there are two types of decisions. Party tells them to apply the interest of 12% per year and the other part, the average rate charged by the market in credit operations.
Victims without even asking for loan
Retired, Elenice Teresinha Moreira Vieira, 59 years, was the victim of the coup set off without even borrow money. She had more than $ 600 removed from their benefit for two years, as if he had taken credit enshrined. Despite having achieved cancel discounts and received the compensation she is suing the bank where the loan was made. But the firefighter Rodrigo Carvalho do Amaral, 34, still unable to return parcel of $ 677 for loans not contracted. According to him, estelionatário has a rate of $ 9,500. The bank would have stopped the discounts, but not repaid the client.
How is the trap: you sign blank papers which are only the number and value of each share to be paid
The public server, a worker in the private or the retiree's Social Security go to an agency for personal loan (not a branch of institutions known) and asks for the loan.
The interest promised by always addressed below. The customer signs on white paper bearing only the number and value of each share to be paid during the contract.
The client checks the delivery value of each parcel that the agency passes the bank. The money shall be deposited in your account for a shop that she knows.
Only when it asks the financial institution or the contract value of debt to pay in advance, the client discovers that the amount actually loaned by the financial institution is greater than was deposited in the account.
The Agency and the stores that participated in the scheme were the difference. Ie found a profitable way to lend money to the general public, without legal authorization, through false sales financed.
The operation may even hide cases of money laundering, with the supposedly sold by the policyholder and credit being given to criminals.
Source: This Day Online
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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