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Know your rights as a debtor

Every commitment includes rights and obligations, and this also applies to those who acquire a debt. Know your rights as a debtor.

How many times have you received calls late at night or very early, from a collection office? Have you been insulted or threatened because you failed to repay a loan?

In theory that should no longer happen

In theory that should no longer happen

In theory that should no longer happen, because the financial reform granted the National Commission for the Protection and Defense of Users of Financial Services (Condusef) powers to regulate the activity of collection offices.

However, the agency continues to detect bad practices in these, as it revealed that complaints against collection offices increased 224% in the first half of this year, compared to the same period of 2014.

Thus, in the first six months of the year, financial services users have filed 16,210 complaints. According to Condusef, the main complaint is that the person they call the offices constantly is not even the debtor.

Being a debtor does not eliminate the rights of people

Being a debtor does not eliminate the rights of people

The agency has insisted that while the person has acquired a commitment and no one examples from him, it is also true that being a debtor does not eliminate the rights of people. Today some offices resort to intimidation and unethical practices to recover the money owed to them. However, you should know that:

  • A collector does not have the power to do anything other than charge you. He can’t put you in jail, he can’t. Be very careful because there have been cases in which these people enter the homes and take items, given the debtor’s lack of knowledge that this is a clear search.
  • You cannot impersonate a justice agency. That is, if they deliver documents that simulate court orders, they are committing a crime by usurping functions.
  • They cannot break your locks or damage a property that belongs to you. Even when pasting notifications in your home, they are damaging the furniture.
  • They should not receive cash. It should always be on the bank account, they are not authorized to receive the money, their job is only to collect.
  • They cannot charge anyone else who has not signed the collateral or joint debtor. Do not intimidate any member of your family with it.
  • It cannot enter your address.

What can they do?

money

  • Negotiate debt payment
  • Make offers and discounts with prior authorization from the financial institution
  • Visit you at your home but in a polite manner
  • They can call you in a polite manner

Any arbitrariness of collection offices must report it to the Condusef. This way you will be helping to purify these organizations and only those who respect the debtors’ rights remain.

Jamie Coles

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