Archive for March 27th, 2010
The decision could set a precedent, especially as members MSW since Wednesday on a new text box to better the consumer credit. The Tribunal de Grande Instance de Nancy has sentenced nine credit agencies to pay 35,000 euros in damages to one of their clients for failing in their duty to warn. According to AFP, organizations convicted include Cofinoga, Cetelem, Cofidis, Finaref and Sofinco.
17 credits for EUR 113,000
The victim, now aged 75 and retired, had in fact contracted some 17 credits from these companies since 1986, for a total of EUR 113,000, while his monthly income does not exceed 1,000 euros."The judge ruled that the duty to warn was not respected and that the consent of my client was not free and informed consent: there is therefore a loss for loss of chance of not getting," explains Philippe Gossin.
"The credit agencies are bound by an obligation to counsel and a duty to warn: that is to say, they should alert their clients of their financial situations and their ability to repay what they have not done here, "said Fabrice Gossin, counsel for the complainant, confirming a report in the daily L'Est Republican.
Continuation of credit offers
The court sentenced the credit agencies to pay 10 to 90% of remaining amounts owed in damages, according to the seniority of debt, for a total of 35,000 euros."What remains now practically nothing more to pay, welcomed the lawyers, however, that denounces the practices of organizations. "Then she stopped paying them and that we had set, she continued to receive offers of credit!," Says the lawyer, who believes that the ruling could "open a path and create a jurisprudence" .