The situation for Brazilian consumers is not easy. The consequences of the Covid-19 health crisis, together with the general instability of the economy, inflation and very high interest rates, caused the number of defaulting citizens to skyrocket. In June, Serasa Experian raised a total of 67.6 million defaulters in the country in 2022. This scenario gives room for collection services to exaggerate in daily calls, insisting, pressuring and forcing the consumer to renegotiate the debt, often leading him to make a bad business.
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However, being in default does not mean being devoid of rights. Before renegotiating any debt, it is the consumer's right to have access to a written contract clearly presenting all the information involving the process. Furthermore, the renegotiation process cannot involve humiliating situations that humiliate or threaten the consumer's reputation.
“The consumer needs the money, the banks grant it and, when he doesn't pay, many times, this charge is abusive, with a dozen calls a day", says Rodrigo Tritapepe, director of Service and Guidance at Procon-SP.
Evelyn Capucho, director of Customer Service at Procon-RJ, states that the defaulting consumer is not obliged to accept the negotiation, even more so but without having access to all the detailed information that the process implies.
Another consumer right is related to the cut of essential services: water, electricity, gas and telephony. “Anyone who is in default may have their water and electricity supply cut off, but not before receiving a notice. And it is important for the company to be able to restart quickly as soon as the account is settled”, explains Tritapepe.
The institution has the right to deny the consumer the first day of delay. However, most grant a tolerance of 30 days after debt maturity before inclusion in the debtor register. However, the inclusion can only be carried out after prior communication to the consumer.
Remember that it is the consumer's right to withdraw within seven days when signing distance credit agreements, such as contracting services and purchasing products.
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