As 7 perguntas mais comuns sobre cálculo de financiamento de veículo

Por que fazer o cálculo de financiamento de veículos?

Tanto para quem quer comprar um veículo quanto para quem já tem um contrato de financiamento de veículos é de extrema importância fazer o cálculo para saber a taxa correta a ser contratada com a instituição financeira e constatar a abusividade ou não da taxa, para não fazer um mal negócio e pagar muito mais além do que realmente é justo no financiamento.

Como saber se a taxa contratada é abusiva?

Todos os meses o Banco Central do Brasil disponibiliza a taxa ideal a ser cobrada pelas instituições financeiras porém, elas são livres para praticarem acima disso. Por isso, fazer o cálculo pode, no final te causar um grande susto. Existem bancos que cobram um absurdo acima desta taxa do BC, por isso, fique atento e saiba o quanto é cobrado no seu contrato comparando sempre com esta taxa disponibilizada no mês e ano da contratação.

Em anos de atuação no direito bancário, já me deparei com taxas de até 80% acima da taxa do Banco Central do Brasil.

Como fazer a Revisão da taxa contratada?

Caso constate que seu contrato é acima da taxa do Banco Central do Brasil, você precisa agir o quanto antes. SEMPRE faça isso com um advogado. Processos administrativos não existem!!

Você precisa questionar isso na justiça. Mas cuidado! Existem Advogados que prometem reduzir esta taxa porém não estão capacitados para isso ou agem de má-fé. Infelizmente há muitos profissionais ruins nessa área de revisões contratuais, por isso é muito importante verificar a sua taxa antes de contratar para saber se ela é realmente abusiva pois, existem colegas que entram com a Ação Revisional de Juros sem que realmente a taxa esteja acima da permitida.

Se a taxa do contrato não for abusiva, não perca seu tempo e nem dinheiro, a causa é perdida!

Como contratar um bom Advogado para revisar meu contrato de financiamento de veículo?

Sempre foque na Área Bancária, não adianta contratar qualquer Advogado se ele não tem experiência na atuação contra bancos, existem muitas coisas que devem ser aplicadas na Petição Inicial do processo que, se o profissional não for focado no assunto, pode fazer um péssimo trabalho. Então pergunte ao profissional ou empresa se tem experiência em Direito Bancário. Não adianta pedir para um chef de comida Árabe fazer Sushi.

O que deve constar em uma Ação Revisional de Juros Abusivos para se obter sucesso?

O essencial é que o contrato do financiamento seja anexado ao processo, comprovando a taxa abusiva para o Juiz, por isso a necessidade de um cálculo bem feito é o fator X para que se tenha a causa deferida.

O Juiz não pode negar uma Ação Revisional se isso for devidamente comprovado pois, há jurisprudências sobre isso onde uma Ação deve ser igualmente julgada se já houveram outras Ações ganhas com os mesmos argumentos.

Quanto fica a parcela do veículo depois da Ação Revisional?

Se os juros forem realmente altos, a parcela cai e as vezes bastante.

Após o deferimento do Juiz de direito, o carnê com os juros abusivos não é mais pago, e o Juiz autoriza a realização de depósitos judiciais com os valores e taxas corretas a serem cobradas, isso tudo é calculado conforme a taxa praticada no contrato, mês e ano do financiamento do veículo fazendo o comparativo com taxa correta publicada pelo Banco Central do Brasil.

Como fazer o cálculo de Juros Abusivos no financiamento do veículo?

Há uma fórmula complexa para isso. Portanto, se você não for expert em matemática, existem algumas ferramentas na internet que calculam a taxa para você. Tenha em mãos os seguintes dados:

  • Valor da Parcela
  • Parcelas já pagas
  • Em quantas vezes foi financiado o veículo
  • Mês e ano do financiamento

A ferramenta que indico no caso é uma que calcula a taxa do contrato e compara a mesma com a do Banco Central, clique abaixo para conferir sua taxa:

Ferramenta de Cálculo de Juros Abusivos 

Um abraço e Boa Sorte!

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