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Banking prohibition
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 • Banking Prohibition
Concept of prohibition Banking
Banking prohibition made following two types of incidents.
1 - Issuance of check without funds
2 - Abusive use of the bank card
• Issuance of check without funds
In the case, for example, or you would have exceeded your overdraft and that you have wish certain payments by the means of a personal cheque, Your banker with the possibility of rejecting this cheque and to register you with the file of the banking incidents.
Well on, there are always friendly procedures before automatic pointing, as the partial payment with obligation to regulate the remainder of the cheque under 48H, or some times, the rubber check immediately do not force the banker to require of the bank of France to drive you, it can propose a term of payment avoiding to you this pointing.
However, when that no friendly recourse is found, you have 1 month as from the incident to regulate the cheque in question, passed this deadlines you will have to also discharge stamps fines to you in addition.
Once you have the money, you can, either to regulate the creditor, to recover the cheque and to bring it to the bank, for proof of the regularization of the incident, or to deposit the sum on the account and to make it block in preparation for the representation of the cheque.
Dice which the incident is regularized, the banker has 48H not more to ask for the lifting of prohibition.
• Abusive use of the bank card
Let us imagine that you asked for a differed flow, and that at the end of the month, you have an important amount of use of your bank card and that your banker remains put at the foot of the wall to settle this debt because you have already a large overdraft, knowing that all your creditors, them, were paid immediately.
Your banker, can consider that you made an abusive use of the bank card have regard has your real possibilities of payment.
In this case, in addition to the withdrawal of the bank card, the banker can leave during 5 years your prohibition to the bank of France, without having any obligation to remove it. This remains to be negotiated with your banker.
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• Pointing FICP
Pointing FICP or File of the Incidents of refunding of Personal Credit. The pointing FICP made following a succession of rejections of taking away of the same establishment on your bank account and this as from the 3 rejected expiry.
Example: Over February and January, the monthly payments of refunding, loan contracted with the Dupont bank, were rejected. The monthly payment of Mars arises, two possible cases:
• Is the monthly payment is well paid in which case, there are not 3 consecutive expiries of rejected. Consequence, no pointing, but you will receive full with mail threatening on behalf of the bank to pay the preceding ones.
• Is the monthly payment is also rejected. Consequence, the bank requires immediately of the bank of France, the inscription with file FICP. More no credit will be granted to you in the future (except exception). Caution pointing will not be withdrawn because you will have regulated the accused monthly payments. Pointing will be withdrawn only after the last expiry present in the amortization table, that is to say at the end of your credit, therefore after a few years for some.
It is also necessary to add, which remains rare, that Pointing FICP can make following a going beyond of overdraft, which is comparable has a credit is.
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 • The over-indebtedness
A person known as is surendettée when its financial position does not enable him any more to assume the appropriations which it contracted. One often finds oneself obliged to subscribe of new appropriations to assume the current expenditure, which causes a situation of which it is difficult to leave and who can lead, if one does not react, to the seizure of his wages and the auction of his goods!
Before arriving from there there, two solutions are possible.
• The reorganization of your debts
Not to sink in the over-indebtedness, it is highly advised, when your financial position and professional still allows it, to plan the solution of a total repurchase of all your appropriations in order to re-spread your debts and to give a new rise to your budget.
• To set up a file of over-indebtedness by approaching the commission concerning over-indebtedness
In which cases can one approach the commission concerning over-indebtedness?
• You must be surendetté
The over-indebtedness is impossibility of facing the whole of your exigible nonprofessional debts and to fall. You raise of the procedure of over-indebtedness only if you are in a serious financial position, i.e. that you do not manage any more to refund your debts.
• Concept of over-indebtedness
It is to you conseill��, before the engagement of this procedure, to ask rééchelonnements of debt or terms of payment near your creditors. A momentary difficulty is insufficient to be surendetté.
A convention of account is on the contrary a very useful document, and that for two primary reasons:
Initially a convention of account is a document which presents the procedure of the account (authorization of overdraft, money withdrawals…). This document are annexed the tariffs applied by the bank. It is thus true directions for use to which the holder of the account can refer constantly.
And a convention of account is also a contract which specifies the rights and the obligations of the holder of account and its bank. The rules are fixed in a way precise and written, which makes it possible the two parts to be able to refer to it where necessary, in particular in the event of litigation.
Since the 28/02/03, a convention of account is systematically given to the holder, at the time of the opening of an account. For the open accounts before this date, the holder may find it very beneficial to request a convention from his bank, and to preciously preserve it with the tariff plate. The delivery of a convention of account is free.
In November 2004, the banks were committed improving the conditions of the competition. Thus, since January 1, 2005, the expenses of closure accounts at sight and accounts saves (except for the saving housing) were removed. And to allow a customer who wishes it to know in advance with precision the tariffs applied by the banks of his choice, those are from now on accessible on Internet and in the form of folders in the banking agencies.
A Guide of Mobility was published to facilitate the change of bank. One finds councils and good practices there to avoid worries. This guide is from now on available free in certain banks. It is also downloadable on Internet
The file related to the openings and ends of account: the FICOBA
Managed by the Head office of the taxes, the FICOBA - File of the Bank accounts and Assimilés counts the declarations of opening and fence of account in metropolis and in the departments overseas (except Mayotte and Saint Pierre and Miquelon), subscribed by the people agents of transferable securities, titles or species. The statement with the FICOBA is made by the bank in the month which follows the opening or the end of an account (Article 164 BFRS, Article 164 FC and Article 164 FD appendix 4 of the General Tax Code for the accounts in France - Article 1649-A of the General Tax Code for the accounts out of France).
Listed information is relating to the content establishment of account, with the account (number, nature, standard, characteristics), with the declared operation (opening or fence, date), with the personal identity physics (name, first names, date and birthplace, address).
They are preserved during all the lifespan of the account and 3 years after its fence. The file does not provide any information on the operations carried out on the account.
Only are entitled to consult the FICOBA, the legal authorities, the agents of the Head office of the taxes, the people charged to continue the covering of food credits and the agents of Banque de France within the framework of the management of the FCC.
If you wish to reach information concerning you or to ask for correction of it, you must contact the Regional management of the taxes Service FICOBA (data-processing Regional centre of Nemours - 22 avenue JF Kennedy 77.796 Nemours cedex).
For the departmental communities of Mayotte and territorial of Saint Pierre and Miquelon, the declarations must be made not with the FICOBA, but with the FICOM, file managed by the issuing house of overseas (decree 94-284 and stopped of the 31 aôut 1994).
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Banking prohibition
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