Must multiply this type of specialized enterprises. And for good reason! "Fifty percent of the mortgage contracts contain errors," said Laurent de Kawshik, managing partner of the Expertiseurs of the credit. Much more, according to Serge master, of the French Association of banks users.
Errors? «Most of the time, it is a wrong calculation of the effective rate, the annual percentage rate APR--, says Laurent de Kawshik.» The Bank has no insurance or certain expenses such as the purchase of shares in the case of a mutual establishment. The APR is as accurate to the decimal character must be close, the chances of error are important. »
Be careful not to assume that we can easily discuss her loan from the bank. The challenge of this kind of contracts is governed by the shot of a limitation period of five years after the signing, reminds counsel Carine Dela Cruz-Vialetay, specialist for this sort of thing. In addition, the error in the calculation over a tenth of a point to be punished, according to the Afub. It remains that, as the fault of the banker is recognized by a court to pay his monthly payments, the borrower will continue, but the current credit rate will be replaced by the statutory rate in force at the time of the purchase of the loan. Until 2009 the difference between these two types of rates was relatively small. In the light of the cost, it is little motivating than to court. But here, now four years, this legal interest has steadily. 3,79% In 2009, it came down to 0.65% the year following, 0.38 percent in 2011 before ascending to 0.71 percent in 2012. This year, it came down ... 0.04% so mortgages currently run about 3%. Under the guise of anonymity accused a banker "some reputable experts to make money by using this windfall effect" as a result of this sharp drop in the statutory rate.
French Banking Federation, she says, ' the real complexity for the calculation of the TEG that legal uncertainty. ' "Even the courts are sometimes not even among themselves on how to calculate", notes on the FBF. Please bear in mind that this famous Apr should take account of the nominal interest rate, insurance, reimbursement, possibly brokerage ... in short, all the costs are the terms of the loan.
In any case, for the French Banking Federation, "the penalty related to a calculation error is excessive and contrary to the general principle of proportionality. Reducing the percentage of loan to the legal rate does not match any damage by the customer, she says. It has in its offer of loan of all the elements that are used in the calculation of the TEG. »
Banks will therefore claim their rights challenges to their customers. To recover, as Estelle and Jean-Marc, thousands of euros, should borrowers build a strong case. Beware excessive use. But for all those who will fall on a sympathetic judge, the game worth maybe.
> Our question of the day: loans: do you trust your bank if you want to calculate your monthly payment?
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