Faced with the economic crisis affecting the country and, consequently, the accumulation of debts, a specialist explains the rights of the negative
Who has the obligation to pay, right? But as the lender, even the negative has its rights and you can use them when the accusation is abusive or harms your dignity, as explained by Luiz Fernando Prado de Miranda, professor of law at the Centro Universitário Braz Cubas.
According to him, an accusation becomes abusive when it exposes the consumer to harassing circumstances such as frequent and insistent calls at inconvenient times or even under threat. Indeed, this borders on illegitimacy, and the defaulting party can seek civil remedies if the creditor coerces or exposes him in some way.
Cases like this, in which the company does not present the moderation of the charge, the Consumer Protection Code can classify as embarrassing situation.
Another detail is which ones are negative may not be subject to restrictions on possible cash purchases, he saw? Even if he makes this purchase in the store where he is in debt. Furthermore, the debtor must also be informed before his name is placed on a list of defaulters.
But besides these there are others rights that every negative person must know and which the expert lists below:
1. If you already have a credit card, the bank cannot prevent you from using it.
If the consumer is negative but already has a credit card from a particular bank, the restriction on the CPF it cannot happen. This happens because a bank cannot change what has already been determined in a previous contract, before the negative. Also, banking institutions cannot modify the contractual clauses without the customer’s consent. The card can only be canceled if the refusal is determined in the contract and has been agreed between the parties at the time of contracting the service.
2. It is part of the negative person’s rights to question debt
If you understand that debt has abusive burdens, the negative consumer can bring a lawsuit questioning interest rates and fines;
3. The negative person must have clarity and precision in information
The Consumer Protection Code guarantees expired citizens that information is provided by the supplier in a clear and precise way, whether there is negotiation or not;
4. The negative person can propose a new agreement to the creditor
who broke the deal has the right to propose new forms of payment to the creditor, but it is necessary to be extremely aware that the debtor must accept only installments adequate to the budget;
Source: Luiz Fernando Prado de Miranda, lawyer and professor of law at the Braz Cubas University Center.
Source: Terra
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