Post by account_disabled on Jan 31, 2024 8:54:58 GMT
The improper registration of a former bank account holder with a credit restriction agency is reason enough to cause him moral harm, due to the fact that the damages are presumed. After all, due to the inconvenience it causes, the disclosure of a false debtor status affects the person's image in commerce. The plea was upheld by the 1st Civil Appeal Panel of the Special Civil Courts of the State of Rio Grande do Sul, which increased the value of compensation for moral damages to be paid to a man whose name was discredited for owing charges and fees to a bank, resulting from the lack of movement in the salary account.
Due to the seriousness of the case, instead of the R$ 7 thousand Buy Phone Number List arbitrated at the origin, the author will receive R$ 9.3 thousand. The board also maintained the deconstitution of the debt, estimated at R$2,900. Both in the 2nd Special Civil Court of the District of Porto Alegre, where the action was filed, and in the appellate panel, the understanding prevailed that the salary account is intended for the payment of salaries, pensions and the like, presenting some special characteristics. Therefore, if the employee uses this special type of account in accordance with legal requirements, there is no need to pay any fees to the bank.
The case In the action, the plaintiff claims that the bank opened the salary account in his name, without his consent. He guarantees that, for personal reasons, he never used it. Two years after opening, he says that he was taken by surprise by the negative registration of her name in a register of defaulters, due to non-payment of charges and fees on this account. Originally, lay judge Andreia Ribeiro Teixeira pointed out that the legal relationship between bank and former account holder is one of consumption, as indicated in article 3, paragraph 2, of the Consumer Protection Code (Law 8,078/1990).
Due to the seriousness of the case, instead of the R$ 7 thousand Buy Phone Number List arbitrated at the origin, the author will receive R$ 9.3 thousand. The board also maintained the deconstitution of the debt, estimated at R$2,900. Both in the 2nd Special Civil Court of the District of Porto Alegre, where the action was filed, and in the appellate panel, the understanding prevailed that the salary account is intended for the payment of salaries, pensions and the like, presenting some special characteristics. Therefore, if the employee uses this special type of account in accordance with legal requirements, there is no need to pay any fees to the bank.
The case In the action, the plaintiff claims that the bank opened the salary account in his name, without his consent. He guarantees that, for personal reasons, he never used it. Two years after opening, he says that he was taken by surprise by the negative registration of her name in a register of defaulters, due to non-payment of charges and fees on this account. Originally, lay judge Andreia Ribeiro Teixeira pointed out that the legal relationship between bank and former account holder is one of consumption, as indicated in article 3, paragraph 2, of the Consumer Protection Code (Law 8,078/1990).