Many people find these days in the clipboard payment order from the court. But - consumers often do not know what the payment order, what for them is apparent from the order for payment, and certainly do not know how they can defend themselves.
The scenario is usually similar: people like to make them richer Baby Jesus or the invoice came higher than the family budget kidnapped. Therefore, contact the company that provides small loans to give them a little financial help. Payments are gradually becoming less and less Bearable until they eventually paid the couple. Notice from the creditor of the company, however, does not end the matter.
"The courts in this period coming proposals loan companies for a payment order. If they are sufficiently substantiated, the court will determine, ie issue a payment order. Within us the advice we found that people who order for payment to come, are often unable to defend themselves. Do not submit opposition against him, because they do not know what it is and how to submit, "said Luke Green, head of the legal department dtest.
After a consumer credit company will send a reminder to the pre-trial period expires least seven days, can claim arising from the contract claim through the courts and will also be entitled to reimbursement of court costs.
"In the event that you come to the clipboard challenge that awaits you at the post office payment order, the solution is not to assume it. After receipt of the payment order you have 15 days to file a protest. Resistance may be given unwarranted and justification must be supplemented by a court in the next 30 days, "said Luke Green.
How to defend yourself when you get to the clipboard payment order
In the first case, it was a consumer loan, it is necessary first of all check if the company does not require a penalty, or how and where it is adjusted. In the event that the penalty is stipulated in the terms and conditions attached to the agreement, The Constitutional Court agreed invalidly. At the same time should not be more than 0.5% per day from the due amount, otherwise it would have been assessed as being contrary to good morals.
The second is appropriate to check the information contained in the loan agreement. This must include information, which is set out in Annex 3 to the Consumer Credit Act. Where a credit agreement does not contain such as APR, number of installments, the final amount paid by the consumer or the interest rate, you can rely on the fact that the loan bears only the repo rate by Czech National Bank.
Third asks for your lender so-called collection costs? In this case, in certain cases, can be evaluated as a penalty, if they are intended for a flat rate and terms and conditions set forth an obligation to pay them once the debtor is in default. Collection costs are not according to the case load necessary for the application of the law in court or compensation, because credit card companies may not use the services of collection agencies.
"Options to justify resistance against the payment order is a lot - for example, that you have already paid, the applicant does not have and never have had any obligation, and the like. But it is always essential these facts the court within the time to communicate, otherwise the decision is final and will not be able to invalidity of the provisions of the contract or baselessness action to call, "says Luke Green.
Source: tz dTest.cz