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Overdrafts

 

These are produced when we have spent more money than is available in an account, producing the situation commonly known as being "in the red", and as a consequence the negative balance is money owed to the bank plus the interest that arises, which is generally very high. In reality we are dealing with a loan, which operates automatically when there is no money in the account and that needs authorisation from the bank

The bank does not always authorise an overdraft, which may result in non-payment of some bill, which will be returned with all inherent consequences

 
Comisión EuropeaEscuela Europea de ConsumidoresGobierno de CantabriaMAG (Estudios de Consumo) S.L.IFAVConsomation et Logement Cadre de VieAssociation d'avocats

 


If the user envisages cash flow problems, it advisable to use the formula of an agreed overdraft facility in current account .

 


 

If the user envisages cash flow problems, it advisable to use the formula of an agreed overdraft facility in current account, which consists in negotiating with the banking entity the authorisation of an overdraft (if this is produced) for a determined amount which will avoid the risk of non-payment for lack of cash and the unpleasantness of being in the red

Let us see an example of how current account overdraft costs are calculated

The overdraft was produced in the following way

Dates

3/1/2000

100.000

2

137.-

5/1/2000

80.000

4

220.-

9/1/2000

20.000

7

96.-

16/1/2000

-------

------

------

Period 3/1/2000 - 16/1/2000

453.-

Commission on overdraft 2.000.-

Commission (1%) on the highest value owed 1.000.-

Total 3.453.-

 

 

The account was 100.000 pesetas overdrawn between the 3rd and 5th, 80.000 pesetas between the 5th and 9th and 20.000 pesetas between the 9th
And the16th. The calculation made by the bank is based on the formu
la:

C.r.t
A =
-----------
365

Where C is the capital that is overdrawn, r the interest rate applicable, t the time overdrawn and 365 the number of days in a year. So that when applied to our example, the overdraft between 3/1/2000 and 5/1/2000 is calculated as follows:

1000.000 . 0,25 . 2
A =
--------------------------
= 136,9
365

 

Since the overdraft has been 100.000 pesetas at 25% interest for 2 days. For the rest of the days the calculation will be performed in the same way, to obtain a total of 453 pesetas, to which it is necessary to add a fixed commission for the overdraft (in this case 2.000 pesetas), and a percentage of the highest total overdrawn (the 1% in the example). In both cases each entity applies its own rates, which can vary greatly, such as the interest rate applicable may oscillate between 25 y el 35%, despite the drop in interest rates and that the Consumer Credit law recognises that interest for overdrafts can not exceed 2.5 times the legal value of the currency

Leasing

A leasing system is one which for the periodical payment during a determined period, a consumer may use and enjoy full benefits of good(s). This offers the user the possibility of purchase either during the period of the contract's validity or once this has concluded. When for whatever reason the user does not acquire the good(s) in question, the lessor could pass the good(s) to a new user

The law stipulates that the payments in the financial leasing must be expressed in the respective contracts clearly distinguishing the part corresponding to the recovery of the cost of the good(s) by the leasing company, excluding the value of the purchase option, and the financial charge demanded, without prejudicing the application of the corresponding indirect taxation

Although this is usually a formula fundamentally applied in the business world, this is sometimes used as a form of consumer credit, and especially in car purchase. It is not the ideal formula for the average user. If in the end the consumer opts for this, it is necessary to check all documents carefully, ask for clarification of confusing sections and to report abusive clauses