A claim was brought to enforce a debt arising from a credit agreement for the purchase of consumer goods (in this instance, a car). The consumer wished to purchase a car and, in order to pay for the item, concluded a credit agreement (a “financing contract for the acquisition of consumer durables”). There was no preliminary negotiation of the agreement. For this reason, it was regulated by Decree 446/85 of 25 August.
Under the agreement, the consumer was loaned 1,560,000 Portuguese Escudos (PTE) to be repaid in 48 instalments over 48 months. Under article 14 no. 3 of the standard terms and conditions of the contract: a) the consumer was obliged to deliver the credit bond to the other party that had already been signed, but which still required a date, payment location and value; b) in the case of non-compliance, the consumer authorised the other party to complete the credit bond with the value and to enforce this; and c) the value of the bond would be equivalent to the value of the debt (including expenses and interest).