Monday, July 22, 2024

Who is entitled to a refund?


When a person needs a loan, there are different paths that he can take, and among these paths there is also a loan employee loans. It is a form of credit that the debtor is not required to repay Payment installments Personally, with the practice being carried out directly by the debtor’s employer through Withholding a percentage of the salary equal, at most, one-fifth of the same. Thus, it is a personal loan for consumption that is secured by the presence of a salary or pension. The contracted debt is repaid in several installments established in the entity and in number at the time of subscribing to the debt, with the contracting party who can nevertheless decide to terminate its debt before the predetermined deadline. In this case, the debtor has the right to receive compensation for the cost of the credit.

Fifth assignment

Assignment V, as mentioned, is one A form of personal consumer loan The debtor’s salary or pension. More specifically, those who choose to transfer salary, until the debt is extinguished, a portion of their monthly wages, and one-fifth net of taxes withheld, to the lender. In addition to the financed amounts, the debtor must pay interest and additional costs of the procedure. As expected before Dpr n. 180 of 1950The debtor’s employer or pension institution pays the loan installment directly. On the basis of the same legislation, those who enjoy it can access salary transfer Fixed and continuous salary It was stipulated Compulsory insurance coverage. The maximum debt repayment limit is equal to one-fifth of the worker’s net salary as a maximum. Initially, in 1950, this possibility was the exclusive competence of civil servants, while since 2005, with Law no. 80, it has been extended to everyone who receives a fixed and continuous income, and therefore to workers in the private sector and retirees as well. However, they remain today With the exception of employees with fixed-term contracts, self-employed, self-employed and entrepreneurs, Beside Who has income from financial or real estate income.

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Early repayment of the fifth referral

Based on the provisionsart. 125 genders of the Uniform Banking Actconsumers have the right to “advance at any time, in whole or in part, the amount owed to the lender” They can enjoy a reduction “in the total cost of credit equal to the amount of interest and costs accrued for the remaining life of the contract. Thus, those who pay off their debts first can count on Lower costs From the same, with a Reduce interest and additional costs that must be repaid. There are two types of costs specifically:- sincere, or all expenses incurred by the debtor in the stage prior to the stipulation of the contract, that is, the costs of negotiating the agreement; – I repeatedor expenses arising from the provisions of the contract. So, these are the costs that are generated after the agreement is signed.

Until 2019, the year of publication Lexitor ruling of the Court of Justice of the European Union on September 11, 2019, he believed that reimbursement should relate only to part of the recurring costs on the basis of the remaining term of the contract. On the other hand, the provision states that in the event of an advance payment of the debt, the debtor has the right to reduce all related costs, including those not related to the term of the contract.


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