You request a credit from a bank, this last analysis your file in term of solvency and checks that you did not have, in the past, of the incidents of refunding with other financings.
• The bank consults a file called FICP
National file of the Incidents of refunding of the Appropriations to the Private individuals, the FICP was created in 1989 with an aim of preventing and of treating the difficulties related to the situations of over-indebtedness.
Managed by Banque de France
The bank does not consult the FICP that within the framework of operations being attached to the granting or the management of a credit. To the opening of an bank account, it is thus entitled to consult the FICP when, for example, an overdraft is authorized automatically.
The FICP does not prohibit the bank from granting a credit but allows him to appreciate, on a case-by-case basis
opportunity of delivering a credit by limiting the risks of unpaid, both for the customer itself.
The FICP counts information on the characterized incidents of refunding, dependent on the appropriations granted to the private individuals for nonprofessional needs (they are in particular the real estate credits, the personal loans, the revolving credits and of discovered of any nature).
It validates also the measurements taken within the framework of a procedure of over-indebtedness, such as the recommendations
The recovery packages, the obliteration of the debts, etc the file records the incidents of refunding and not the amounts of the granted appropriations.
Your name, first name (S), date and birthplace are noted in particular, the nature of the appropriations, the date of the incidents and the name of the establishments concerned.
This last information is not communicated to the bank which questions the FICP
You are registered with the FICP, on declaration of the finance companies or the finance departments of the Post office:
if you did not pay 2 consecutive monthly payments of your credit or if it assembling expiry (nonmonthly) remains unpaid more than 60 days for a credit without spread out expiry (for example, an overdraft)
As long as an incident on a credit remains recorded with the FICP, a new incident on this same credit is not declared. You are also registered with the FICP, on declaration of the Commission of over-indebtedness, as of the deposit of a file near it, that it is admissible or not.
Certain banks misuse to be able to them not to alert the file in the event of regularization of your incidents, to follow your file….
The banking institutions which note an incident of refunding inform you that the incident will be declared in Banque de France for inscription with the FICP, if you do not regularize this situation within one month.
You may find it very beneficial during this time to maintain a close relationship with the finance company concerned to seek with him suitable solutions and, if necessary, to try to find a agreement friendly.
As soon as the incident of refunding is declared, the duration of inscription is 5 years. Any regularization involves the radiation of the FICP. If several incidents were the subject of a declaration, the inscription will be maintained for 5 years after the last declaration.
Measurements concerning a recovery package and the recommendations of the Commission of over-indebtedness will be registered throughout all their execution, without being able to exceed 10 years.
Caution: the radiation of the FICP does not prevent the establishment at the origin of the inscription with the FICP from keeping trace of the incidents, in its own files, even if they were regularized. You have a right of access with information concerning you in the fi chiers held by your bank
It can happen that an organization lender is informed of your radiation of the FICP with a shift compared to effective radiation. The time of update should not generally exceed a month. On such an assumption, if you wish to borrow again, you can ask the organization lender to question the FICP in Banque de France directly.
It will be able to thus have the confirmation which you are not driven any more. The answer is addressed to the organization lender by mail
If you dispute your inscription, you will have to approach the establishment which declared you in Banque de France to seek the cause of the problem.
In the event of difficulties, you can seize by mail the National Commission of Data processing and Freedoms - 21 street Saint-Guillaume 75340 Paris cedex 07, which will be able to intervene with the establishment at the origin of your inscription to the FICP.
The CNIL does not have however any competence to carry an appreciation on the amount of your debt.
The mission of the CNIL checks that the conditions of inscription with the FICP are met (natural from the incident, dates and methods from the inscription) and that your rights of access and of radiation are respected.
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