Mediafax (Mediafax)
Laws  |  November 09, 2012 14:31:37

The House sent the final reading of an amendment to protect consumers


PRAGUE (MEDIAFAX) - Facilitate cross-border supply and demanded consumer loans, but also to protect consumers from unfair practices should government amendment to the law on consumer credit. Then on Friday, deputies moved after extensive discussion in the final reading.

"The bill aims to protect consumers who use the product of consumer credit. Please do not confuse this with the law on usury," he said in brief norm Finance Minister Miroslav Kalousek (TOP 09).

According Vit Barta of Public Affairs, which has long supported the amendment, the possible adoption of a law to limit unfair usurious market.

With disagree Boris Stastny (ODS), which latter is the most featured on Friday: "In principle this law violates the basic way the classic conservative-liberal rule that a contractual relationship is the responsible party.If you will sign terms that are disadvantageous to me, and if I had the information available, which is now under the current arrangements have, so I'm inexperienced, irresponsible, stupid and maybe I made a mistake. But it's my fault. A state that is allowed to enter. "

Happy, according to his own words after a very unsuccessful right for fall elections decided to act in defense of conservative-liberal values ??in other norms than are health that fall within his professional competence.

"With what my colleague said Stastny, can not be 99 percent agree. Consumer loans are often areas where the law is much abused., Not only because of ignorance of consumers, but also because of the power which the other party. Protection It makes sense , self-regulation does not work in this case, "the head of the CSSD deputies opposed Jerome Tejc.

According to the Social Democrats are in a better position each lender and can not be talking about any steady relationship.

Norma responds to certain practices in the leasing contracts is not anchored nor right nor the obligation to buy the tenant hired thing at the end of the lease, but in the contract is the mere possibility of the landlord hired this thing to offer tenants to purchase.

Editing reinforces the principle of responsible lending and consumer protection practices of the creditor in advance allows for the possibility that the borrower may not be able to repay the loan granted and fails to secure the loan. The creditor would in assessing the creditworthiness had to take into account both the current situation of the client, including its income and expenditure, and facts which may be based on information available at the time before the contract is concluded with a high degree of probability, expected (for example, the estimated income frompresent inheritance, sale of property, cars, insurance benefits, etc.)..

The draft also clarifies some definitions, for example, provides that liability creditor must apply for a formal legal act, not only on the basis of informal oral promise or assurance. In cases where the broker fee paid directly to the consumer, must be included in the contract and remuneration arrangements for intermediaries. Sanctions for non-compliance with requirements under draft form is void this contract.

The Act introduces the obligation for the consumer to get a contract and could withdraw without any penalty from the contract of consumer credit if, in a period of 14 days from the conclusion of this contract not on the basis for the negotiation of consumer credit.

With regard to the amendment of certain practices in addition to withdrawal also subsequent cancellation of the additional services, such as life insurance.

The draft also prohibits the use of bills of exchange or a check to pay or to secure repayment of consumer credit. For any damage caused to consumers violation of this provision shall be jointly and severally creditor mediator and consumer credit.

The draft also responds to the practices in which lenders require borrowers collateral in an amount that is significant in proportion to the value of the claim.

Treatment should also reduce situations where the consumer is in the offering, negotiating or arranging a loan referred to the telephone numbers that are charged such high rates for calls that cost thousands, sometimes tens of thousands of crowns.

For violating the law will be able to supervisors, who are Czech National Bank and the Czech Trade Inspection, impose a fine of up to 20 million. Consumers will be able to assert their rights in the Financial Arbitrator.

The amendment should be approved by the House, Senate and presidential signature to take effect first January 2013.

Philip Nachtmann, Miroslav Kyncl, nachtmann@mediafax.cz

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