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End of purchases "on the ax"?

The law defines consumer credit as deferred payment. Do the so-called "ax" purchases fall under this definition? A popular practice where a trader waits for his or her client to pay or when a pension comes to him may be in jeopardy. Credits may only be provided by licensed companies.

The consumer credit legislation, in force since last December, is due to be borrowed mainly by usurers and various tentative lenders, but may have another unintended effect . "The definition of consumer credit is very wide so that the usurpers can not keep up with any exceptions," says Miloš Borovička, lawyer of consumer organization dTest, explaining: "Consumer credit is thus any deferred payment to the consumer. A common practice, when a salesperson writes in the consumer's stories of spending that the customer compensates when his pay comes, apparently falls there too. " The Czech legislator extended the scope of the law to the European directive, which would have no problem with "buying the ax" .

There are a number of obligations to provide consumer credit, whether it is a written form of a contract or extensive information obligation before its conclusion and in the contract itself. "In the event of a debt purchase, nobody would ask for something like this, despite the conflict with the law, the oral contract would be valid," says Borovička, adding: "However, the invalidity could be inferred from the absence of verification of the consumer's ability to repay, The customer has a better idea than any bank. " In that case, the debtor would have to pay, but according to his options, that is, in the longer term.

However, traders are at risk in a different field. While the vendor usually knows which of the domestic customers can rely on and on which no, the failure to comply with obligations under the Consumer Credit Act may be highly penalized . "Who provides consumer loans without the proper license required by the new legislation is doing unjustifiably in the area of ​​consumer credit, for which it can be sanctioned with a fine of up to 20 million, to a larger extent it would be a crime," says Borovička, adding: "We do not expect the Czech National Bank to go out of business to check if it does not lend itself to debt, but the supervisor has to respond on its own initiative." Paradoxically, the statement of the person who, for lack of debt, can not get anything to the trader can bring considerable complications , If it comes to meet other customers. All he hopes is that the law will not be interpreted in such a harsh way.


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