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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

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Unions are concerned about the rising complaints directly against personnel of the banking agencies.


Unions are concerned about the rising complaints directly against personnel of the banking agencies.

Like other corporations, such as police or hospitals, employees of banks find themselves more and more often face justice for their actions.

So far, customer complaints were the directions. They had the means to counter them. Iron pot clay pot cons people said. It should actually have the nerves and strong backs to attack a bank.

employees feel safe, covered a feeling of immunity. Now being directly targeted, they find not to be supported. Worse, they often Directorate turns against them.

In which case the civil or criminal liability of a bank employee may be engaged?

Generally, whenever their signature on a document is filed, such as withdrawals unfair competition, for example.

Whenever they are the direct source of a disputed transaction.

Every time the act is in violation of the law, including the 313-3 or 311-17 of the Consumer Code. (These items are being violated every day).

They can also be prosecuted for harassment in raises.

The purpose of these complaints, often requests for compensation for damage caused. In the case of companies accounted for bankruptcy or sell real estate at a loss, the adition rises very high.

In extreme cases, including suicides caused by financial situation irretrievably compromised, the employee's interest to have done nothing wrong.

Since the Kerviel affair, the guidelines have not only tend to release their staff, but worse still, to charge.

user associations of banks like ours, have no influence on the decisions of customers. They exercise their right to sue. I remember

Article 8 of the Universal Declaration of Human Rights 1948:

"Everyone has the right to an effective remedy by the competent national courts against acts violating the fundamental rights granted him by the constitution or by law. "

Gerard Faure-Kapper

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2011, increasing the pressure against the banks.


Banks want to improve their image with the public to forget that levies fees are outlawed.

They were announced by the Minister of Economy a number of measures that make it even more incomprehensible their billings. This opacity is necessary to continue to drain the accounts.

Indeed, it important to know that service costs 2 € 90 in a bank and 2 € 65 in another bank when you punctured between 100 and 200 € monthly.

other hand, insofar as it becomes extremely difficult to change banks because loans and withdrawals, that interest to know these comparative.

Can we imagine that we take it enters a restaurant, in a second dish and dessert in a third.

What is missing in views of services, are references to violations of law, and article references.

The reality of these ads is the willingness of banks and the Ministry of Economy to remove the crime of usury, to eliminate laws on the protection of consumers and especially with the mediators to orders of obtain a monopoly of Justice for arbitration.

I congratulate on nicks consumer and users of the bank who approved this scheme in the media who participated in the pseudo-negotiations.

Remember though that 1 January 2011. It is the consecration of financial fascism.

Gerard Faure-Kapper

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bailiffs, collection agencies, DANGER ... Collective anti


The bailiffs and debt collection, real private armies of debt collection are as faithful auxiliaries of the banks to recover in complete illegality, the sums so- saying owed by customers.

The usual route is to go through the judge. Broadly, the bank will give an usher at the back of his client.

It strives for the district judge a court order to pay.

Then he presents to the customer demand for the debt. The latter has one month to lodge an objection if he contests the amount.

In this case, the judge calls the bank and its client. This may require the loan contract and supporting documents such as recommended various raises.

As the bank can not, in general, not provide it since discovered were not contracting, the judge often cancels the debt. To overcome


this problem, banks go through collection agencies that will be enormous pressure on the client. Blackmail, intimidation, threats, telephone harassment and other methods to limit violence.

Unfortunately, it often works. Customers are exhausted and give in to threats.


Bailiffs also profit from this lucrative system. They behave more like collection agencies using the same methods.

Worse, when they are in periods of downturn, they scrape the bottom of the barrel. They are aimed particularly at Interprofessional funds as CIPAV example. They are always old debts that they can rekindle. The files are valid thirty years.

They then come to threaten the client, enter his house, make an inventory of furniture. For a small claim, 200 or 300 euros, the bailiff will write down all the furniture he likes. And who are often worth much, much more. Flat screens and computers also.

Then they seize. They only require repay the Fund concerned ... and sell to their account all the furniture. These methods are reminiscent of another age, when the henchmen of the rue Lauriston landed in an apartment to make the household. Certainly, citizens are no longer driven to death. It is useless, most go there alone.

is what is called the Portal scenario, the case in which a 22-year-old was killed by the police following the interventions of the "court auxiliaries."

These professions, banks, bailiffs, private militias recovery, citizens and plunder even more businesses. It's very lucrative.

Gerard Faure-Kapper