2023-12-23 00:51:50
The Superintendence of Industry and Commerce (SIC) issued a ruling in favor of a teacher from the municipality of San Pedro de Urabá, Antioquia, and ruled against the company FINSOCIAL SAS for misleading advertising, violation of the right to contractual protection and defects in the suitability of the quality of a credit.
In 2021, Mrs. Carmen Cecilia Lora Carrascal, a guidance teacher in a rural area, requested a release loan of $24,300,231 from Finsocial, a fintech that offers technological credit solutions.
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The entity settled the loan for $87 million, without explaining the additional charges that considerably increased the debt.
“I realized a year later, when I requested a debt certificate, that it appeared to be double the value that I had requested for the credit, for me it was something very shocking. I told myself, I can’t let this happen to me,” the teacher explained.
The Superintendence of Industry and Commerce ordered the suspension of payroll deductions, the resettlement of the debt and the immediate return of the balance in favor, if any.
In addition, the file was transferred to the Consumer Protection Delegation to investigate errors in information and improper charges.
The plaintiff, Carmen Cecilia Lora Carrascal, explained that the additional charges corresponded to “insurance policies and insurance, like five things related to which the client is going to look bad, because they assume that the client is not going to pay, when there is a bill signed and registered with a Ministry of Education that does not allow monthly payroll deductions until the entity sends a clearance.
The Delegation of Jurisdictional Affairs, upon failing the lawsuit, ordered Finsocial to reliquidate the credit and refund any excessive payment.
The office of the Secretary of Education was notified of the suspension of payroll deductions until the obligation is settled.
In the ruling, the SIC warned that the reliquidation of the credit cannot include charges such as restructuring fee, bond, compliance insurance, provident fund, voluntary insurance and the guarantee of the National Guarantee Fund (FNG).
Given that Finsocial admitted that the way of processing the teacher’s credit is the same as that used for other clients, the Superindustry imposed a fine of more than 50 current legal monthly minimum wages, equivalent to $58 million, considering the burdensome attitude of the entity. .
The company has a period of 30 business days to comply with the ruling orders and cover the costs of the process.
Educator Carmen Cecilia Lora highlighted: “In this process it was shown that they had not given me that money, they had not made me aware of all these accessory costs that they justified.”
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“Really, for me, the judge’s sentence was fair. There I saw every tear collected, every day of waiting, every torment, every situation, because the truth really shone.”
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