In fact, moratoriums, which were created in March 2020 to protect families and businesses hit by the effects of the Covid-19 pandemic have come to an end, but consumers are not completely unprotected.
The decree-Law No. 70-B / 2021, 6 August, changes the legal framework for the prevention and management of non-compliance with credit agreements, providing for protection measures, namely, for consumers with contracts covered by the moratorium.
According to DECO, that bill establishes the obligation of banks to:
• 30 days from the date of the end of the moratorium to contact the consumer, to assess the consumer's financial capacity and find out if they are struggling to pay;
• According to the assessment carried out, call 15 days before the date of the end of the moratorium to make proposals aimed at preventing a bank default situation.
If, in a situation of non-compliance where there is no agreement between the consumer and the bank, the consumer is included in the PERSI: an extrajudicial procedure to ease the conditions of payment.
Within 90 days after the end of the moratorium, the bank cannot:
• Cancel the credit agreement;
• Assign the contract to third parties;
Finally, there is no obligation for any bank to present a proposal on a possible solution if the financial institution considers that the consumer does not have enough financial capacity. However, banks are forced by law to carry out an assessment of the consumer's financial capacity.
Find out more at www.deco.pt