FAQ

YES - the sale of debts on TrocadeDívidas.pt is legal and in accordance with applicable law in Portugal. We preceded the launch of this online service with extensive legal consultations with several independent law firms. Therefore our Users can be sure that our services do not infringe the law and are in accordance with the General Data Protection Regulation (EU) 2016/679. We are aware that the legal basis of our operation is of the utmost importance to our Users. That is why we allocated a lot of time to be able to say with certainty: YES!

The legal basis of TrocadeDívidas.pt activities are as follows:

Note!
To avoid errors in interpretation or errors due to incorrect translations, all legal provisions and quotations from Portuguese law have been preserved in the Portuguese language.


art.º 577 do Código Civil:
1. O credor pode ceder a terceiro uma parte ou a totalidade do crédito, independentemente do consentimento do devedor, contanto que a cessão não seja interdita por determinação da lei ou convenção das partes e o crédito não esteja, pela própria natureza da prestação, ligado à pessoa do credor.
art.º 6 alínea e) da Lei de Protecção de Dados Pessoais, Lei n.º 67/98, de 26 de Outubro:
O tratamento de dados pessoais só pode ser efectuado se o titular tiver dado de forma inequívoca o seu consentimento ou se o tratamento for necessário para:  
(...)
e) Prossecução de interesses legítimos do responsável pelo tratamento ou de terceiro a quem os dados sejam comunicados, desde que não devam prevalecer os interesses ou os direitos, liberdades e garantias do titular dos dados.

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On TrocadeDívidas.pt you can offer for sale proveen domestic or foreign debts related to business transactions, such as:
  • an invoice issued in accordance with paragraph n.º 5 do art.º 36 do Código do I.V.A.;
  • injunction, to which adjudicated enforcement and/or instructions to bailiffs;
  • the court's final decision, adjudicated by the Portuguese Courts;
  • the arbitration final decision, adjudicated by the Portuguese Arbitral Tribunal.

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Any User who has successfully completed the registration process can issue an offer in relation to the debt for sale on TrocadeDívidas.pt.

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There is no specific term. The offer remains published until it is withdrawn by the issuer. The Issuer does not bear any costs throughout the publication period of the offer. It does not matter how long the offer is published in Trode de Dividas - period of publication does not affect the final fee. Payment is made when the offer is withdrawn from Troca de Dividas. Withdrawal of the offer usually means that the debt problem has been resolved in a way that is favorable to the creditor (the debtor has paid off the debt or the debt has been sold). Similarly, we charge for the reduction in the amount of debt - it usually means partial settlement of arrears. Fees for withdrawal of the offer or debt reduction are calculated in accordance with the Price List.

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An offer in relation to the debt issued for sale on TrocadeDívidas.pt can only be withdrawn by the issuer. During the offer issue process, each user is informed that after resolution of a problem with this debt (sale or repayment of the debt) he must immediately remove this offer from TrocadeDívidas.pt. If he doesn't do this, the debtor may send an Objection. In there is no responds to the Objection, the debtor may assert his rights through court proceedings against the issuer who has not withdrawn the offer. In this case TrocadeDívidas.pt is not a part of lawsuit.

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Any User who has successfully completed the registration process can buy debt issued for sale on TrocadeDívidas.pt.

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All payments related to the operation of TrocadeDívidas.pt are made through a Prepaid account. Each time an operation requiring payment is carried out, the system checks the status of the Prepaid account. If the User has sufficient funds to pay for the operation, the appropriate amount is taken from the Prepaid account. If there are insufficient funds, you will be redirected to the payment gateway with information about the missing amount that must top up your Prepaid account. The User can choose from three payment methods: card payment, PayPal payment or Multibanco / MBWay payment. A Prepaid account may be credited with any amount at any time via the Prepaid top up function available in the User Account section.

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Providing false information about debts is against the law. Everyone has the right to take legal action against such publications. TrocadeDívidas.pt is not able to check the validity of data on the debt being sold. We only require that the User who issues the offer confirms that the data in the offer is true. If he deliberately provides false data, he exposes himself to appropriate legal action, of which he is informed in the process of publishing the offer. TrocadeDívidas.pt does not represent issuers in any way. Nevertheless, in the interests of reliability of our activities, we provide the Users with the ability to send a direct Objection to the issuer of the published offer. According to our Terms and Conditions, the offer issuer has 3 days from the date of receipt of the Objection to respond to the arguments raised against the debt. Further proceedings are conducted directly between the parties involved in the dispute, without the participation of TrocadeDívidas.pt. To send an Objection, you must be registered as a User on TrocadeDívidas.pt

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In the process of issuing an offer, you can optionally select three forms of free notification of the debtor
 
  • Email - the debtor will receive a message to the email address provided in the debtor's data
  • SMS - the debtor will receive a text message to the mobile phone number provided in the debtor's data
  • Letter - the creditor will receive from us by email a PDF file with a letter to the debtor, which must be printed, signed and sent to the debtor by post (preferably by registered mail)
Each of these forms is optional, but we recommend that you always select at least email or SMS notification. This is immediate and effective notification, and usually sufficient to force the debtor to react, i.e. to negotiate debt repayment.

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