Clipping of news on Brazilian Culture, Law and Citizenship
30/11/2012
This article was translated by an automatic translation system, and was therefore not reviewed by people.
In cases of fraud with the name, consumers should immediately make a police report and promote a lawsuit, but precautions
SAO PAULO - The end of the year is the time when most increase fraud, since the search for credit usually grow 10% YoY. Serasa Experian data showed that by the month of September, there were 1.56 million fraud attempts - an occurrence every 15 seconds in the Country Are record numbers since 2010 when the research began.
Many people do not know what to do when he discovers that his name was used for a fraud, whether on credit card, opening bank accounts or loans. According to the Civil Law specialist Godoy Teixeira Associates, Paula Singame, the first step is to register a police report of fraud / embezzlement. That done, the person shall promote a lawsuit in order to cancel the debt.
In the lawsuit will be required to advance the protection, ie immediately be mandatory exclusion from cadastrto the person of databases delinquent. Even the Judge shall issue an order to that. Thus, it is not necessary that the person explain to shops and banks its default false situation.
Furthermore, says the lawyer, it is important to know the person that made the victim lawsuit is promoted in the face of creditor / collector, as the company takes on the risk of the operation of the fraud, as it should have been responsible in its role to providing credit to the fraudster instead of falling for the scam.
Paula explains that Procon is not the right destination when a fraud is detected. "The Procon handles consumer relations then when the person has not made any purchase, but had his name used for this purpose by third parties, there is a consumer relationship because the victim is not truly consumer to the creditor," she says. " The same right is the police report, besides promoting the competent judicial action ", directs the attorney, stating that Procon has attended such cases, but has no power to solve them.
Care on a daily
Serasa directs consumers to take certain precautions during daily life, like never provide personal information to strangers, or by phone, taking caution with promotions and surveys, and not lose sight of the documents required to shop.
As for the internet, you also need great care, keeping your computer always updated antivirus and redoubling care with social networks - which are always full of scammers. Personal information should be kept confidential. Serasa also advises consumers to not register on any site, and remain alert to jobs and products with great deals.
As a fraud?
In case of opening bank accounts, which is one of the most practiced types of crimes, the victim of fraudster uses data such as full name and social security number, thus obtaining checkbooks that are used, but are never compensated, due to lack of funds .
In the case of vehicle financing, attorney Paula explains that the criminal signs a lease (when the client is of a good tenant / property) or lien (when someone finances a well but does not have full possession of it, making it the securing funding) on behalf of the victim and thus not pay the installments. For cases of personal loan, crime occurs in the same way.
Source: The Day Online
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This article was translated by an automatic translation system, and was therefore not reviewed by people.