Research article

PREFERENTIAL TREATMENT IN THE COLLECTION OF INTEREST FROM FINANCIAL SYSTEM COMPANIES TO THE DETRIMENT OF CONSUMER CREDIT USERS

Carlos Esmith Mendoza Garcia, Carmen Olinda Neyra Alvarado, Jorge Santos Apolitano Rodriguez, Humberto José Saldaña Taboada, Patricia Janet Moreno Nuñez

Online First: October 29, 2022


The present study was focused on analyzing the preferential treatment that the Companies of the National Financial System have in charging interest to the users of Trujillo for consumer credit contracts, generating prejudice against them. The procedure used to determine the effects consisted of processing data obtained from Indecopi - La Libertad and two Justice of the Peace Courts of Trujillo. Additionally, the analytical-synthetic method was used to verify the exorbitant interest rates complained by service users in the mentioned companies, which allowed reflection on the preferential legal treatment, as opposed to those allowed to private individuals or legal entities. From this, it can be inferred that, under the pretext of the free market economy, the legal protection of the users of consumer credit is violated. Therefore, the preferential treatment to companies in the financial system, together with the lack of transparency in the financial system, harm the users of consumer credit due to the violation of their legal protection and in contravention of the principles that sustain it, such as the correction of asymmetry and good faith.

Keywords

Preferential treatment, interest, financial system, consumer credit.