Pde » Your Money» Review of Abusive Interest, Fees and Interest, How to Enter Justice?
Ask for the interest review ? Do I have to review the interest on my loan? What are abusive fees, charges and interest? When is interest abusive? What does justice mean by abusive interest? We have received numerous emails from Internet users wondering about this subject and wondering what to do when they are victims of institutions that have charged abusive rates on their loan agreements. So how do you know about the abusiveness of interest and the review of financing agreements ? Simple, just look for a lawyer expert in the field.
In fact, there is no X value to determine what is or is not a financial operation with an abusive interest rate application, normally the Court understands that abusive rates are when the indices are applied outside the market context, ie, higher than the average practiced by the segment in question.
When a bank or financial institution operates with values above the market average, or the interest is above the amount that the Central Bank allows, when it is understood that there was the application of compound interest (interest on interest or interest month to month) and / or the collection of predatory charges and charges by contracting a personal loan, personal loan, financing or transaction involving the collection of fees and interest.
It is worth mentioning that the Brazilian is experiencing in recent years a kind of pleasure mixed with pain, on the one hand inflation is contained, and with this there is abundant supply of credit, on the other hand, thousands of Brazilians are running out of debt and more debt . Most were lost with too many financial commitments, they generated many benefits, which meant that a large part of the monthly budget was committed, and this should not happen. The result is indebtedness and over-indebtedness, when the person is no longer able to pay absolutely nothing.
What justice understands
All items mentioned below are considered illegal, in general the amounts range from R $ 2.99 to R $ 3,000 thousand and must be eliminated from loans and financing. Despite being illegal charges, institutions insist on continuing to charge, the math of profit is excellent, out of 10 undue charges, two contests, the remaining eight will never claim, is certain profit for the predator.
According to many courts in the Brazilian territory, the understanding is that they are abusive and can be reversed:
1 -) Excessive interest;
2 -) Compound capitalization of interest;
3 -) Credit opening rate (TAC);
4 -) Fee for third-party services, legal or simply other services;
5 -) Ticketing rate (TEB);
6 -) Evaluation fees of the property and registration of the contract.
When it is established or the complaint is valid with regard to the collection of abusive fees and interest , the consumer obtains double the reimbursement of all amounts unduly paid, according to article 42 of the Consumer Protection Code (CDC), for setting up abuse and bad faith In credit operations in progress, the Justice directs the financial institution to discount the amounts and make the recalculation of the installment ( interest review ), which in general decreases significantly.
When a borrower takes out a personal loan at the bank or hires a vehicle or property finance for example, even though he knows he will pay high interest rates, at some point these fees can be considered abusive. This is because the lawyers claim that the interest charged on the contracts are outside the average charged by the market, hence the need to negotiate an interest review , either through the national Procons, Special Civil Courts or Common Justice.
Until 2003, based on the content of Article 192 of the Federal Constitution, financial institutions could not charge more than 12% interest per year, but the rule has changed and is no longer valid, after the rewriting of Constitutional Amendment number 40, since then there is no limitation for the banking system to charge interest rates.
Where to go
The consumer or borrower who feels injured because of the interest interest and abusive interest review , can seek the solution in the administrative sphere of Procon, otherwise may resort to the Special Civil Courts or Common Justice, which defines the option where to look agreement is the value of the contract and the costs of the process:
1 -) For contracts up to 20 minimum wages (R $ 13,560) it is possible to request a review of the contract in the Special Civil Court, without the need of a lawyer.
2 -) For contracts between 20 and 40 minimum wages (up to R $ 27,120), it is still possible to call the Special Civil Court, but it requires the presence of a lawyer.
3 -) For contracts above 40 minimum wages (up to R $ 27,120), the request for review must be made in the Common Court, with the presence of a lawyer and with the payment of the costs of the process, which vary according to the value of the contract.
The consumer can request a review of the loan or loan contract to the court even after the contract has ended, that is to say that the request for renegotiation of the parcels is one of the biggest complaints in Procons throughout the national territory.
The tip for anyone who wants to file a lawsuit for interest review and reduction of interest or reimbursement of undue charges on loans and loans, must first seek a specialist lawyer to take out all the debts required and know what the real possibilities are.