Banking Anomalies
The Challenge
Italian companies mainly rely on loans granted by banks. Banca d’Italia estimates that 2/3 of Italian corporate debt is with banks. Banking contracts are therefore very important and represent a significant cost item. These contracts often have irregularities (anatocism, wear and tear, erroneous application of default interest and maximum commission fees), which are more costly for the debtor than what was envisaged, making its position untenable to the bank.
However, we can fortunately avoid such anomalies, and even in the light of recent judgements, force banks to review the conditions if they do not provide the repayment of significant sums.
The Solution
Eurokleis offers customers the experience of a group of professionals (lawyers and accountants) who are able to verify and analyse the possible existence of anomalies and/or irregularities in contractual relations with banks and financial institutions. They can offer this advise not only with mortgages but also bank accounts (credit/ debit/ various financing), leasing contracts and financial investments on particular instruments (such as “derivatives” contracts).
Eurokleis services:
• Pre-analysis with the aim of identifying the existence of an anomaly. At the end of this step, a time and cost estimate of the transaction is also provided
• Definitive technical-accounting expertise to provide the “numerical data” of amounts unduly received and/ or requested by the Credit Institution.
• Judicial and out-of-court activities to substantiate the Client’s concerns with the Credit Institution
Banking Anatomy is governed by Article 1283 of the Italian Civil Code, which states that “in the absence of any contrary use, interest may only arise from the date of the claim or by an agreement after its expiry, and of interests due for at least six months ”
When should I recover it?
In principle, it is best to recover it on current accounts which have had at least 5,000 euros for at least 5-6 years before 2000. For mortgages, it is advisable to recover it when interest of at least 20,000 euros has been paid.
How many years can you go back?
Can you become statute-barred?
Yes, the following principle applies as normal: you can retrieve anatocism for current accounts which have been closed for no more than 10 years before the legal claim or the interpreting letter of the provision.
Authors of the article
Antonio Annibali
senior partner - Actuarial Services
Actuary and Professor of Financial and Computer Mathematics
Francesco Bellini
senior partner & founder - Innovation & Finance
Accounting Officer and Accounting Auditor
Jaira Petrosino
consultant
Tax consultant with outstanding problem solving skills