Plan of over-indebtedness
That’s it, the plan of over-indebtedness is finally finished, after many years. But if it’s over, why are the banks still refusing to make a loan? Make a credit after a file and internal file
- Make a credit after a personal recovery procedure
- Make a loan after a conventional recovery plan
- Still listed while the should have been finished
- How to obtain credit despite the internal banking of banks?
Many people are surprised that they can not make a credit just after leaving an over -indebtedness plan or a personal recovery procedure. There are two main reasons for this: either we still do not have enough income to make a credit, or the banks have kept a very bad memory of our debt overhang. But then, how to redo credit?
All the over-indebtedness purposes are not identical, and the ‘s disbursement of the credit ban depends on how the indebtedness was filed and the solutions implemented to overcome the over-indebtedness by the over-indebtedness commission or judge of execution. Before knowing why it is impossible to re-credit after one must understand the file in itself, and most importantly, the point of view of the creditors, the banks that lent money, and their famous ” fichage internal “.
Personal recovery procedure is painful: both for the over-indebted who will have nothing after his judicial liquidation, and for the creditors who will not recover their money. The erasure of debt is probably the worst solution for those who want to get credit once.
If the sale of the assets of the over-indebtedness makes it possible to reimburse the creditors, there will not be any more file at the, all the debts being paid off. The creditors keep the memory of someone who has had difficulty repaying, but who in the end was able to pay his debt: they will not have lost, or very little, money.
If the sale of the assets of the over-indebtedness is not enough to repay the creditors, it will indeed be registered with the, the file of Incidents of reimbursement of Credits to Individuals. Unable to get out of the file before 5 years: indeed, not to be stuck, it is necessary to repay its debts, but as they have been canceled, the over-indebted will never repay them! The creditors have lost a lot of money, they will never see again.
A partial erasure of debts also causes a 5-year registration: even by repaying other debts in advance, debts “erased”, can not be repaid, cause the file. It is therefore useless to repay other debts in advance when we have benefited from a partial cancellation of debts, there will be no disassembly.
Make a credit by being registered
Let us put ourselves in the place of the banking adviser who has to give a loan to someone who is no longer, but who has benefited from debt cancellation. If the counselor consults the Banque de France to know if the person is stuck, he will see nothing, no registration. But this counselor may remember this client who had given so many problems! And if he does not remember, his bank (and all its subsidiaries) will remember for him: his client record indicates that it is a very risky profile.
If the old indebted person’s file is a little bit right to grant credit, do you think that the advisor will take the slightest risk with this person who has never been able to repay his debts in the past? Would you lend money to someone who has never been able to repay a loan before? It would take a very good credit for the over-indebted person to pass the “scoring credit”, a calculation that the bank makes to find out if it’s not too risky to lend money.
The de-billing is automatic: after 5 years, the Banque de France removes the person over-indebted to the. When a bank refuses to borrow because its client is still stuck according to her, it is because there was a problem. It should then be checked with the Banque de France that it has been correctly removed from the. Even if the update of the is in “real time” and that the banks can therefore immediately have a response from the Bank of France, I advise however not to be too impatient, better wait a month after the end of the file before applying for a new credit, just to make sure all the databases are up to date. In addition, I’m not sure that this impatience to make a new credit is well seen from the banker…
If the bank still refuses to grant a new credit, it is the internal registration of the bank that poses a problem. You will find at the end of this article how I think one should do to improve one’s chances of getting credit.
It is possible, on rare occasions, that the file is erroneous: either because the Banque de France has not updated its file (unlikely), or because one of the institutions that had caused the listing did not bother to inform the Banque de France of the full repayment of the debt (much more likely) or was mistaken about the information provided (such as Carrefour Banque for example, which following a technical problem had transmitted bad dates).
Here, no mystery: if we have refunded everything, we must claim by mail to the institution that has not yet informed the Bank of France. If, despite everything, the file persists, it is necessary either to resort to the mediator of the banking institution, or resort to the CNIL, the National Commission of the Computing and Freedoms (contact of the CNIL).
The Public Service website offers a template letter to seize the mediator.
If no request is successful, neither at the mediator nor at the CNIL, one can always ask by mail, as a last resort, the ” Manager of the files of incidents “:
loan being banned from credit (article), except for some credits related to social assistance: banks hate to risk their money.
Be careful: if you can get credit while you have a debt clearance plan in progress, you must inform the debt commission, which will agree or not. Do not joke with his recovery plan, and not inform the commission could cause the abrupt end of the debt distress procedure, with all that this deprivation would imply.
Despite the picking, the bank still refuses to grant credit.
No bank is forced to make loans to customers if it does not want to. If a bank advisor believes that the risk the client represents is not worth giving him a loan, he will not do so. So, what to do?
One can start by asking why the bank or credit institution refused to accept the loan. Their response will improve their credit record to make a new credit application, preferably at another bank.
Warning: banks are not obliged to justify their refusal!
But they are obliged to provide on demand the customer’s elements present in their internal file: this is the ” right of access “, resulting from the “IT and Freedoms” law. We can get the credit score scoring (to know if we were far from having the loan or not), we can read the annotations of the advisor and other information deemed relevant by the bank. Through the law, by checking the information contained in the bank’s ” blacklist “, it can be rectified: it is the ” right of rectification “. The bank has a period of two months to provide this information, after which, we can seize the CNIL.
In principle, banks keep for 6 months the data related to a refusal of credit, to prevent the failed customer to reapply in one of the other credit institutions of the group. This is for the bank not to waste time trying to redo a credit report for someone who has already had a refusal. After a first refusal, you must wait at least 6 months before making a new application for credit from his bank or one of its subsidiaries. When you stop being a customer of a bank, she can keep her internal file for 5 years.
To improve one’s chances of having a loan, everything is in the art of improving one’s “score”, his rating as a client of the lender. It is a question of having a good contribution, of asking for little borrowed money, of having a good income, of having a stable professional and family situation and all the criteria which can reassure a bank. I’ll explain it further in my article “Avoid credit risk,” with some tips that can help improve your chances of getting credit.
The credit score allows banks to assess the risks that a customer presents when loaning money.
It is not so much a story of internal registration, which is only one of the parameters taken into account by the bank before lending money, but especially of this famous “note” attributed by the bank at the moment to grant a loan. To improve your chances of obtaining a credit from a bank after a file is now complete, you have to go on a case-by-case basis. Two points are to be taken into account mainly: the relationship of the credit applicant with his bank and the type of credit requested.
It is clear that if we ask for example a credit of 15000 euros with a monthly payment of 400 euros while one gains in CDI 3000 euros, even after a file and a judicial liquidation, there should not be any difficulty to obtain the ready. Same thing if you have inherited a property that can provide an important loan guarantee.
If you have a good relationship with your bank, the financial adviser can be very useful to obtain a consumer credit: he knows the personal situation, the reasons for the file and can, if he has confidence, take the risk of give a car loan for example. On the other hand, he will not be able to do much for a real estate loan, it is not he who makes the decision but generally a competent service which studies the file.
If, on the contrary, the relationship with the adviser is bad, it is better to change the bank, preferably a bank that does not share its internal information with the institution that caused the file. If you have been listed by Cetelem for example, do not open a bank account at BNP Paribas, Cetelem being their subsidiary dedicated to consumer credit! Instead, go through a broker: he can guide his client to a bank where he is more likely to get credit.
Mediation: in case of dispute
After having tried everything to obtain a credit, and if we are sure that there is an undue problem, do not hesitate to seize the mediator of his bank, as explained above.
For financial companies we must seize the mediator of the ASF (French Association of Financial Companies), which will study the issue.
In both cases, I do not give much hope: even if nothing is wrong with your file, credit companies are not obliged to make a loan! Even for clearly discriminatory reasons, in the style “I do not lend to the Arabs”, they would not be obliged. But in the latter case, one can file a complaint for discrimination and obtain a conviction.