The loan is not covered, but the bank is wrong

The institution’s client had a support administrator. Helped by “Pn Tutela”, the woman will not have to return the money

The bank asked her to return 14 thousand euros, after having granted her two loans (the second to pay off the first), but the judge ruled that not only the citizen will not have to pay a cent, but she will have to be reimbursed for undue expenses of investigation for a few thousand euros.

The reason? The woman, a fifty year old from Pordenone, had a support administrator for whom the contracts she signed were null and void.

The epilogue of the story came after several years and thanks to the intervention of the citizen’s counter, to which the woman turned, and to the lawyer Silvia Santarossa who followed the mediation first and then the lawsuit against the banking company that had loan disbursed.

Receiving an injunction, three years ago the lady turned to the counter opened by the “Pn protection” association, which in this period, as explained to our newspaper by Emiliano Zovi and Daniela Quattrone (who deals in particular with psychological support ) is assisting mainly women for debt exposures.

After an initial examination of the case, the counter entrusted the lady to the lawyer Santarossa who ascertained the presence of a support administrator, made contact with the latter and with the tutelary judge, obtaining the authorization to represent the woman. The attempt at mediation is in vain.

If an administered subject assumes obligations in the absence of the support administrator and the consent of the judge, those obligations, pursuant to the civil code (article 412), can be canceled.

Not only. According to the sentence number 16888 of 7 July 207 of the Court of Cassation, lacking the legal incapacity of the subject, the beneficiary of the loan and in this case the lady would have to repay the money only if the bank was able to prove an effective advantage from part of the customer or a concrete need satisfied (dental treatment, the purchase of a car, etc.).

This, however, did not happen in the trial so the judge of the court of Pordenone, Elisa Tesco, declared the injunction null and void, canceled the loan agreements and sentenced the bank, in addition to paying legal fees, to return to the woman the corresponding interest and expenses for financial commission, stamp duty, collection costs, communication sending and insurance coverage costs.

“There are many cases of aggressive financial companies – explain the representatives of the branch -, which stipulate loans, at costly conditions for customers, acquiring only the paycheck”. The citizen’s counter is located in the prefabricated buildings of the Municipality in via San Quirino. It is active on Tuesdays and Thursdays, from 3 to 6 pm, on 0434 1600216. –

m.mi.

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