Publicado el: Mar, Ene 31st, 2017

Empresa que presta a 365% de interés está operando ilegalmente en el país

image_content_7805096_20170130175813Aprovechando el auge de la internet, los bajos salarios que no alcanzan para completar los gastos del mes y la poca cultura financiera del pueblo dominicano, llegó a la República Dominicana una empresa que ofrece préstamos online usando como gancho un 0% de interés a 30 días para el primer préstamo.

Teniendo bien claro, que en el país una gran parte de las personas que toma prestado no espera terminar de pagar para “reengancharse”, producto de la misma necesidad, es que la empresa Vivus.com.do ofrece el primer préstamo a cambio de “nada”, con la seguridad de que en el segundo contrato se ganaría hasta el 50% más que lo que gana un prestamista que presta al módico 20%. Pero además de que la empresa Vivus.com.do ofrece préstamos a 365% de interés anual, también cobra una tasa de 475% por concepto de moras y RD$75 por cada cuota realizada luego de un acuerdo de pago producto de incumplimiento en la fecha para pagar, la empresa que se promociona por internet está operando de manera ilegal porque su contrato de adhesión fue objetado por el Instituto Nacional de Protección de los Derechos del Consumidor (ProConsumidor).

Además de la empresa Vivus, ProConsumidor confirmó que también hay otra empresa similar a Vivus que ofrece sus servicios por internet y que tiene cláusulas consideradas abusivas en contra de los consumidores.

De acuerdo con los datos de la página ibanonline.com.do, por un préstamo de RD$100,000, un cliente pagaría honorarios por un monto de RD$68,846 en un plazo no mayor de un año.

En el caso de iBAN circulan testimonios de personas que han tomado préstamos de emergencia para rápida cancelación y, al hacerlo, se han encontrado con que deben pagar el interés de 5% mensual por el año entero más cargos adicionales, aunque el contrato no especifica recargo por cancelación anticipada. En ese sentido, un préstamo de RD$80,000 o RD$90,000 a una tasa de interés de 5% mensual puede tener un costo final de hasta RD$200,000 al sumar, además de los intereses, cargos no aclarados.

La transparencia en la información es uno de los mayores problemas de este tipo de plataforma.

Es por esta razón que ladirectora ejecutiva de ProConsumidor, Anina del Castillo, llama a los consumidores a tener mucho cuidado con cuáles empresas firman contratos para obtener préstamos.

Sobre Vivus.com.do, Del Castillo dijo que “la dinámica que ellos tienen prevista en el contrato, contrato de adhesión que no está registrado en ProConsumidor y que, por el contrario, ProConsumidor no solamente lo objetó por todas sus cláusulas ser contrarias a la Ley de Protección del Consumidor, sino que también mediante una resolución multamos a la empresa y le impedimos que tenga operaciones”.

image_content_7805880_20170130175814

Anina del Castillo, directora de ProConsumidor.

Del Castillo sostuvo que esa empresa está operando en franca violación a la Ley 358-05, razón por la cual esa institución remitió el expediente a la Procuraduría General de la República para que proceda con las acciones penales correspodientes.

Por una llamada a la empresa Vivus, se constató que sigue operando, que el primer préstamo no excede de RD$6,000 y que los demás son hasta RD$15,000.

La funcionaria manifestó que el año pasado, la empresa Vivus.com.do presentó a ProConsumidor lo que sería su contrato de adhesión, pero que una vez esa entidad lo estudió, llegó a la conclusión de que todas sus cláusulas o eran abusivas o no daban información suficiente.

“En el mes de diciembre (2016) fue cuando establecimos que había violado la Ley de ProConsumidor y, por tanto, le poníamos una multa de 100 salarios mínimos”, expresó DelCastillo, al referir que no todavía no la han pagado.

La directora de ProConsumidor, entidad que estudió el contrato de adhesión, expresó que el mismo no ofrece datos suficientes de que es una “aceleración” que se establece en su documento, el cual implica unas cargas adicionales y, además, contemplan la capitalización de los intereses devengados.

“O sea que si una persona se dilata un año, le siguen capitalizando los intereses sin ningún tipo de tope”, precisó.

Del Castillo dijo que se trata de uno de los proyectos de préstamos más onerosos que probablemente existan. “Ellos alegan que trabajan en 16 países, y la verdad es que hemos tenido evidencia de que trabajan en otros países, en algunos de los cuales ya tienen demandas colectivas por la falta de información”, destacó la funcionaria.

Banco Central
De acuerdo con una carta a la cual Diario Libre tuvo acceso, el Departamento de Sistemas de Pagos del Banco Central, dirigido por Fabiola Herrera, requirió información a ProConsumidor sobre el estatus de Vivus, indicando que ese tipo de plataforma de crédito está probada en diferentes países.

Sobre El Autor

- Estudiante de término de Comunicación Social

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