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How to bend his bank. Article "Que Choisir"


Bank overdraft
How to bend his bank

Using a jurisprudence of the Court of Cassation, UFC-Que Choisir Pays Basque obtained reimbursement of unjustified charges invoiced to customers in the open.

is a court order who will soon be 2 years, but consumers are still wrong. Yet it's very favorable. In February 2008 the Court of Cassation considered that "the costs of forcing" in the event of unauthorized overdraft should be included in calculating the overall effective rate.

If the vocabulary is technical, the scope of the decision is easy to understand. If discovered, your bank may charge you a premium. They can not exceed a certain rate of interest on pain of breaching the wear, which would be a misdemeanor. Reviewed each quarter, the wear rate was found for 19.67% of the 1 January 2011. The banks know their stuff and never cross the yellow line. At least in appearance. But looking closer, they also charge their customers who exceeded their overdraft limits commissions intervention. Otherwise known as "cost of forcing" these penalties supposed to correspond to an accounting and administrative work provided by the bank can easily reach 10 euros per overdraft. Because they are combined in frequent incidents, adding a few months may exceed 100, 200 or 500 euros. By integrating these sums to calculate the real interest rate charged by the bank, the wear rate explodes. And it is precisely the meaning of the decision of the Court of Cassation: the cost of forcing must be taken into account.
Account closed in the wake

With these precedents, UFC-Que Choisir Basque Country has begun to systematically go to court against banks for the repayment of the sums paid by consumers who request it. Over a dozen agencies attacked the vast majority have settled before the hearing, with customers signing memoranda of agreement confidential. Three went to the end and they have lost. This is the Societe Generale in Hendaye, the BNP and the ICC in Anglet Bayonne. They were convicted in March, June and September 2010 to reimburse their clients 539.60 Euro 980.10 Euro and Euro 3512!

"The process is easy, says John Furgerot, vice president of the UFC-Que Choisir Pays Basque. Just send a letter to his agency in requesting reimbursement of interest paid beyond the rate of wear. Banks will respond by letter type of refusal. It must then announce his intention to appeal the judge proximity. "Attached to the District Court or appellate court nearest the latter is competent when the sums involved do not exceed 4,000 euros. In general, the mere threat is enough.

careful however. As Jean Furgerot, banks are bad losers. "They usually close an account of the complainants. At a minimum, they withdrew their overdraft. "Better to be resolved before committing the standoff. But if the consumer intends to assert its rights to the specific point the costs of forcing the law is totally on his side and he has very good chance of winning the game.

Erwan Seznec