There is rubber check when it there in the absence of provision on your account the day when the cheque is presented at the payment or when the banking house cannot immediately use the money related to your account to pay the cheque.
The banking house must, before refusing the payment of a cheque, to inform the holder of the account of the consequences of the defect of provision.
2) banking Procedure
The banking house addresses a letter of injunction to you to announce you the incident. The letter must specify the number, the amount of the cheque in question and the balance of the account at the date of rejection.
It can ask you to restore all the cheque-books which were delivered to you and to avoid issuing new cheques.
In the two days which follow the rejection, the banking house announces the incident to the Bank of France which counts all your other accounts and informs the banking houses of the installation of the interdict.
It registers the references of your account on the national file of the irregular cheques. Any tradesman will be able to then refuse your cheques.
Banking prohibition and account-joint
When an incident of payment intervenes on a account-joint, all the holders find themselves prohibited not only on the account-joint but also on their personal accounts.
You can designate by mutual agreement a person in charge for the incidents of payment on this account.
The interdict will be applied to the account-joint and will be wide only with the personal accounts of the person in charge.
3) How to regularize ?
You can pay the recipient of the cheque directly. In exchange, it returns your cheque to you which you restore with your banker like proof of payment.
You can also supply your account and invite the recipient of the cheque to represent it at its bank or to deposit on your account the corresponding funds while asking in writing the bank to block them in waiting of a new presentation.
You do not have a fine to pay if you did not issue a rubber check in the twelve previous months or if you regularized your situation within two month following the rejection of a cheque.
You must pay a fine if you issued a rubber check in the twelve previous months or if you did not regularize your situation within two month following the rejection of a cheque. Assembling fine
You must pay a fine, as from January 1, 2002, of 22€ by section of 150€ or fraction of section not which funded of the cheque After three regularizations in the twelve months, this penalty is doubled.
It is fine brought back to 5€ when the not which funded part of the cheque is lower than 50€.
The fine is payable in revenue stamps to affix on the letter of injunction. Fines of an amount higher than 3 600€ must be regulated with the receipt of the taxes.
But the whole of the expenses of any nature, perceived by the banking house when the amount of the rubber check is lower than 50€, cannot exceed an amount of 30€.
4) Lifting of banking prohibition
When all the rubber checks and all the penalties were paid, the banking house must inform the Bank of France in the two days which follow the presentation of the documents in proof.
Once the regulated situation, the banking house which rejected your cheque must address a certificate of regularization to you.
Prohibition will not be actually raised and you will leave the national file of the irregular cheques (FNCI) only when you regularize all your accounts thus.
In the absence of regularization of your account, you remain prohibited banking during five years.
You can regularize your situation constantly for this period and not thus appear more in the national file of the irregular cheques
5) basic banking Service
You are prohibited banking but you can continue to make function your account within limits negotiated with your banking house.
You can keep the use of a chart of withdrawal, to obtain bank account numbers, to carry out transfers and to ask for taking away.
You can keep the use of certified cheques. Your bank keeps the right to modify these rules or to close your account.
6) banking Interdicts: Right to the account
You have the right to open an account in a banking or postal house.
This opening intervenes after you gave to the credit institution of your choice, a declaration on the honor attesting that you do not have any account. But, dice the first refusal, you can request from the Bank of France to designate you a banking house or the financial departments of the Post office.
The banking or postal house indicated will be obliged to open an account to you.
However, you will not be able any more, at the end of December 2001 to make you open an account with an agency of the Treasury, those not ensuring this service.
Any establishment or failing this the institution credit indicated by the Bank of France, begins to provide its customer, whatever his situation, at least the basic banking services. The right to the account is thus maintained in the event of incident of payment.
Any decision of end of account taken on the initiative of the indicated establishment, must be the subject of a written and justified notification addressed to the customer and to the Bank of France.
Rachat-credit-one.com a pour vocation de rapprocher
les internautes des acteurs de la Banque, du Rachat credit et du Crédit
...
Annonceurs, pour afficher vos annonces sur ce site, appelez nous au 33 (0) 6 79 61 15 04, contenu mis à jour fréquemment
Formulaire Direct de Contact
Home • Video • Forum • Gallery • Partners
