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What is prohibited banking:

prohibited bank is what: two cases arise

http://savoir-si-on-est-interdit-bancaire.blogspot.com

1. prohibited bank in case of issuing a bad check

If you issue a check without having your account corresponding sum or an overdraft from your bank, you may fall within the scope of a banking prohibited. Here are the basic principles of this device, which, since the Act of December 30, 1991, is an essential instrument for the prevention and repression of bad checks.

This means that you can not use your payment methods: such as use or check or credit card payment Visa, Mastercard ... You also can not perform bank note for payment if your situation has become serious.

Thus, it is so hard to react when we find ourselves in this mess. No bank wants to follow you, and financial institutions tend to avoid you because your bank prohibits became registered in the central file checks to Bank of France, and all financial institutions will be informed of your suspension of banking .

Therefore, your bank prohibits be applied to all accounts, all banks and even if you have a joint account and one account holder will be also prohibits bank but it will be extended to accounts Personal responsibility.

2. prohibited bank in case of difficulties in the repayment of a loan

Why approach?

Because, at the hearing of any application for credit, the lender asks systematically national register of incidents reimbursement Individual Credit (FICPI), managed by the Banque de France to verify if the applicant is registered or not.

This file has been created by the Act of 31 December 1989 on the prevention and resolution of problems related to over-indebtedness of individuals and families, is supplied by credit agencies, banks and financial services of the Post who enroll persons for whom an incident occurred in the repayment of a loan (he meant by "credit" a bank overdraft, deferred payment card, or a refundable credit by maturity).

Before enrollment, the lender must notify, by mail, the defaulter will be entered in that FICP and it has a period of one month to regularize the payment incident.

How to approach this ?

You can tell if you're stuck in FICP, by which agency and for what reason, by visiting any branch of the Banque de France with a piece of identity.

1 era • assumption: you are stuck in FICP

In this case, refer to the description of the operation of FICP attached to verify that your registration is valid.

If you disagree with your inclusion in the FICP, the approach to the organization that is responsible for registration, asking for explanations and discharge (cancellation) of that entry.

If you do not get satisfaction, you can enter the National Commission on Informatics and Freedoms by mail (21 Rue Saint Guillaume - 75340 PARIS Cedex 07), by providing all relevant documents, so it should intervene, if any, with the body that you entered in FICP .

Be aware that the CNIL has no jurisdiction to make an assessment of the amount of the claim that your claim is claimed. The sole mission of the CNIL is to verify that the conditions for registration are met FICP (nature of the payment incident, date and terms of registration).

2 th • assumption: you are not stuck in FICP

You're not stuck to FICP but you were denied credit and want an explanation.

Know, first, that no text does a lender to provide the grounds for denial of credit . It is not required to explain the reason that led him to deny you credit. Indeed, there is no law in France credit and the lender has complete freedom whether to grant credit to a person (Article 1101 Civil Code).

You however have some means obtain guidance on what could cause a denial of credit.

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prohibited bank and the Bank of France: How

The Bank of France, http://banque-france-interdit-bancaire.blogspot . com

Provides centralized Delinquency checks written on insufficient funds, bans banks from issuing checks hitting consistently account holders at the origin of these incidents, and bans issuing checks imposed by the courts (say "legal prohibitions" ).

The Bank of France informs selectively institutions account holders of any bank or legal prohibitions imposed on their customers by colleagues. To this end, the Bank of France was allowed to examine the file bank accounts (Ficoba) managed by Branch taxes, to identify all accounts held by a person check ; it also informs the same way institutions corrections made by their customers on their other accounts .

The legislature has entrusted the Bank of France care to identify:
- Delinquency called "characterized" as recorded on loans granted to individuals to finance non-professional,
- the filings

commissions indebtedness , http://commissiondesurendettement.blogspot.com/

- the conventional measures and judicial treatment of over-indebtedness (including personal recovery measures introduced by Act No. 2003-710 1 August 2003),
- civil judgments rendered in the bankruptcy department of Alsace and Moselle.

prohibited banking and FICP

SEND YOU:

http://interdit-bancaires-ficp.blogspot.com/

http://fichier-interdit-bancaire.blogspot.com/

http://fiche-banque-de-france.blogspot.com/

What is the file FICP?

The F ile National I ncidents reimbursement C REDITS to P rivate identifies people who have difficulties in repaying a loan that they have contracted, including when the credit comprises an overdraft. It is implemented by the Banque de France and its existence is provided by articles L. 333-4 and L.333-5 of the Consumer Code. Its operation is set by Regulation No. 90-05 as amended, the committee of banking regulation.

What serves FICP?

credit agencies, banks and financial services of the Post interview the FICP each time a person applies for a credit. If the person is stuck, the credit will be denied in principle.

When are enrolled in the FICP?

If you are the author of a payment incident characterized. Consisting of such persons:

Who did not pay 2 monthly payments Consecutive their credit or are receivable in the amount of monthly payment of a double, followed by Justice for failure to pay or when there is an event of default after notice fruitless liable to pay a sum of at least 500 € for more than 60 days and have not responded to a notice of their creditor who filed a debt distress after the Bank of France who has been declared admissible.

Who can register a person in the FICP?

credit agencies, banks and creditors, financial services of La Poste, and the Committee of indebtedness of the Bank of France for those who are the subject of proceedings for a debt.

What information is included in the FICP?

The name, date and place of birth of debtor, the nature of the payment incident, the name of the organization which carried out the registration and the date of erasure This registration.
Who can access information stored in the FICP?

credit agencies

Banking institutions

Financial services Post

Central Cheque or FCC

The Central Cheque

The Central Cheque was created in 1955 in response to the concern of government and the banking industry to facilitate the use of checks by improving the security of this payment. His role has been significantly expanded and diversified during the implementation on 1 January 1976, the regime of prevention and punishment of offenses relating to checks imposed by the laws of 3 January 1972 and January 3, 1975. This scheme was further amended by Law of 30 December 1991 on safety checks and payment cards, which expanded the role of preventing the issuance of bad checks told the Banque de France. The legislative provisions relating to checks and more particularly to payment incidents are now included in the Monetary and Financial Code (Articles L. 131-1 et seq.)

The File of Irregular Cheques (FNCI)

Article L. 131-86 of Monetary and Financial Code (from the law of 30 December 1991 on safety checks and credit cards) gives the Bank of France care to inform anyone about the regularity of the issuing checks that it is likely to accept for payment of goods or a service.

To do this, the FNCI centralized banking details:

v From all accounts opened in the name of a person affected by a ban on issuing checks,

v Objections to loss or theft of checks,

v accounts closed, and the characteristics of the forged checks.

The information given to them by banks under the provisions of Articles L. 131-84, R. 131-32 and 42 of Monetary and Financial Code .

regard to information relating to loss or theft of the checkbook, the FNCI also centralizes reporting loss or theft made by the victims with the Center National Call lost or stolen checks [08 92 68 32 08 (0.337 per minute), open 7 days 7 and 24 hours on 24. They are kept 48 working hours if they have not been confirmed by a statement of opposition from the institution holding the account.

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rectify a dishonored check? How to get out of

You can do this in three ways: •
either you fund your account and ask the recipient to check his bank account,
• or you pay directly the beneficiary in cash and pay you your check, and to prove your payment, you must return the check to your bank,
• either you pay your bank the amount of the unpaid check and you tell them in writing block for one year this amount in your account waiting for a new presentation.

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FICP? Bank of France where defichage

http://defichage-banque-france.blogspot.com

You must have repaid the arrears,

In case of acceleration You must have paid all the money you owe.

The credit institution will ask the Bank of France deleting your registration FICP .

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Access to personal loan, being prohibited banking: Banking

Being prohibited bank does not deprive a person having a credit, however, credit institutions may refuse any new request for credit including consumer credit from a bank prohibited, the regularization of their situation Lifting the ban will be the best banking solution.

The prohibited bank is caused by incidents of payments, it is registered for the Bank of France http://pret- prohibit for-bancaire.blogspot.com /

Who is consulted by financial institutions.
http://pret-personnel-interditbancaire.blogspot.com/

Where an application for a loan is made with a credit agency, the latter usually interviews the file National Bank France. If proceedings to ban bank current loan applications being banned banking, payment requests several times or more are usually denied.

http://creditpourinterditbancaire.blogspot.com/

A suspension of banking can be waived if the situation is corrected, for example by honoring the settlement checks, the request must be made with the bank account holder must apply the update file from the Bank of France.
http://creditconsommation-interditbancaire.blogspot.com/

Note that some agencies specialize in this type of loan, but be careful, the rates are often very high and if you are in difficult situations, you are likely to push you and lose your possessions or even any of your loved ones.

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prohibited Tenant: The Solution Adjournment

Redemption prohibits bank credit, stuck FICP

You must be an owner.

http://rachatcreditinterditbancaire.blogspot.com

In this case, redemption of credit is a mortgage on your property.
Otherwise, you get the same advantages: you pay your credits, property and consumption, you lower your monthly payment by lengthening repayment.

Redemption credit prohibited bank is usually the best solution before the final stage of indebtedness, before the bank prohibited. Do not wait to arrive at this end because then you will have great difficulty convincing a company to repurchase credit to help you get that wrong direction. Remember the adage: "it does lend to the rich ... .
By cons, if you find that your financial situation continues to worsen, do not expect the forbids bank to consider an operation redemption of credit . Being a long term solution, why not compare all the offers that might be proposed. Generally, all agencies credit offer online solutions redemption of credit .

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registration FICP

is possible but not certain.

Letter for lifting the ban on banking
The credit agency, which had previously reported the incidents of payment to the Bank of France, must ask the Bank of France raising enrollment FICP when all debts are settled .

Monsieur (Madame),

You rejected the payment of a check ... NO. ... Amounting to ... .... Euro on the grounds of lack of provision.
But the unavailability of the allowance due to an error in the execution of an operation in your services. Indeed, a check which would be raised from my account was transferred to the account of a third personne.Ce which caused an overdraft on my own account.
Once the rectification of the mistake made, I ask you to please proceed as quickly as possible, cancellation of my registration in the register of prohibited bank to allow re-issue checks for payment.
Receive, Monsieur (Madame), the assurance of my best wishes. DATE AND SIGNATURE





Your banker must take the necessary steps to overturn the ban bank. He must notify the Bank of France within ten working days of your request and send you a letter in the same period. If, after ten days you have not received a response from your bank, your application for correction shall be considered denied.

Once the Bank of France proceeded to quash the ban bank, it will notify your bank, which must then inform you of the correction.

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"On or off the premises? "

S ou phrase very familiar to attending more or less regularly the major fast food chains, is actually conceals an institutionalized practice to break the unity of prices to the detriment of consumers.

The maneuver is simple, whether you prefer to sit at a formica table beautiful and enjoy the sweet sounds of children frolicking mouth smeared with ketchup or you prefer the more subdued atmosphere unpacking your sandwiches in the park or watching television, the restorer you instantly rank in the category of VAT at the standard rate or the reduced rate. The price paid, it will remain unchanged.

In the first case, you pay 10 €, you will consume on the spot and see the passion with all that implies, that your ticket indicates an amount of 1.96 € VAT. In the second case, you always pay € 10 for the same command, but when you leave the restaurant you will be overwhelmed by the urge to see your ticket, which appear magically on a VAT amount equivalent to 55 cents € .

Is this normal, dear consumer, that the restaurant owner pockets the difference and, consequently, it makes a price increase for the unwary who dare refuse formica and toddlers while that, let us pause instead of any good restaurant manager, "These people sir, we are cheaper sir."

Well no, this is not normal. That's what has been stated by a UMP deputy, François-Michel GONNOT, which announced on its blog , He asked Christine Lagarde "if this approach, which goes against the interests of consumers and their purchasing power, was approved by the tax authorities .

Question No. 23573, published in the Official Journal of 20 May 2008, is essentially this:

" François-Michel Gonnot draws attention Madam Minister of Economy, Industry and employment practices of most brands of fast food (McDonalds, KFC, Quick ...) practicing one pricing on purchases for immediate consumption and purchases to go. But these purchases are subject to different VAT rates: 19.6% for the former and 5.5% for the latter. Prices excluding taxes are different for purchases made identical under identical conditions. Paradoxically, the consumer who consumes locally pays, excluding taxes, purchases less expensive than the one who wins. This goes against all logic, and one can estimate that these practices fall under the deception to the consumer. He therefore wondered whether this approach, which goes against the interests of consumers and power purchase was approved by the tax authorities. It also asks whether it has the means to control the actual tax due and if the Government determines that the consumer finds his account in these practices surprising. "

bet that the answer is up to the expectations of consumers and, at least, that they are alerted of the situation.

© Cedric Palazzetti

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Electronic Commerce: intermediates of liability rules, bids rise.

U surfer had not sold a bag Hermes on the auction site eBay Online turned out to be counterfeit. The company Hermes then not only the salesperson assigned on the basis of the infringement, but the auction site. The will of Hermes to try to stem the online sale of counterfeit goods is not in doubt.

The Tribunal de Grande Instance in Troyes in a decision of June 4, 2008 holding that eBay met, certainly the technical function of host who makes under the law on confidence in the digital economy of 21 June 2004 (LCEN) to exclude the liability of the intermediary technique. However judges hold that the activities of the platform beyond the simple role. They thus retained the classification of " editor of online communication services subject to brokerage " civil liability for eBay since it provides tools for development of the property, arranges frameworks within which objects are presented for sale in return for payment, and enacts rules of operation. However, the Tribunal de Grande Instance in Troyes precludes the classification of "content providers", which would have involved strict liability as defined by the LCEN the grounds that the counterfeit items were posted by the user, not eBay itself, and that the formatting imposed by the site did not obey an editorial choice but was necessary to ad's visibility.

So on the basis of the qualification " publisher of online communication services subject to brokerage " that trial judges have retained joint and several liability as to eBay Now the courts will not condemn the infringer without reaching the platform for sales, considered a mere technical intermediary that the law of June 21, 2004 exemption from the obligation to monitor the content (except in specific cases such as incitement to racial hatred, child pornography, etc.. ). This is the principle that if through technical not withdraw illegal content brought to its attention that it accepts liability. Only the content editor, personally responsible for the dissemination endorses the strict liability defined by the LCEN .

This unprecedented trial, should it be upheld on appeal, is a real warning shot when the model of technical platforms, online sales available to Internet users. The latter, whose role beyond that of simple technical intermediary should then exercise control over broadcast content, which seems technically very cumbersome to implement but also very expensive.

One may question the decision was made if Hermes had opted for criminal rather than civil action to punish acts of infringement. The internet would certainly been convicted. But what would have happened to eBay? A criminal conviction would have found eBay to my sense of a criminal conviction for vicarious and could not therefore be legitimately imposed. This means that for intermediate technical risk now exceeds the civilian penal risk.

© Xavier Cerf

Socks For Circulation

scent of resistance

Patrick Suskind If our language is worthless to describe the world of smells (Perfume), how the right language description and qualification in essence, could he one hand, grasp a fragrance and secondly, to enable its protection?

We know that a perfume is a considerable amount of work, talent, know-how and investment. The birth of a perfume is the result of a clever mingling of art and industry. Creating a fragrance is also and above all a question of ownership: ownership by the creator, which is a matter of law, ownership by the consumer, which is the business of marketing and emotions. The law of intellectual property right ownership, it allows the ownership of an odor so created? A perfume is it a work of mind, an invention, a distinctive sign or just a discovery that was there by nature accessible to all and only waiting for its discoverer to be rewarded by posterity?

The issues and the legal consequences are significant only because ownership can foster innovation and creation by providing the inventor or creator to the livelihoods of its activity to engage in a recovery process. And the material, the position of French law is unstable, as often when the technique and art unite in the service of an industry.

A ruling of 25 January 2006 the Court of Appeal of Paris had accepted that a fragrance (ie Dior Dune) was likely to be a work of authorship protectable under the Code of intellectual property, if it met the requirements of the criterion of originality. The 1 st Civil Chamber of the Court of Cassation gave the lie to this interpretation in a decision dated 13 June 2006 (Cass. Civ. 1st, June 13, 2006, No. 1006, Nejla X v. Soc. Haarmann & Reimer), Court of Appeals in finding, quite suddenly, and in my opinion against the the times that " fragrance of a perfume, which comes from the simple implementation of expertise, does not create an expression that may benefit from protection of works of the spirit by copyright .

But copyright protects well creations of the mind, regardless of genre, form of expression, merit or purpose without an exhaustive list of works eligible for copyright or explicitly exclude those perceived by smell. The fragrance of a perfume could thus subject to be original, be considered a work of the mind in perfect harmony with Article L 112-1 of the Intellectual Property Code.

While several European courts had recognized that the creation of a perfume is an intellectual work protected by copyright (Judgement of the Court Dutch Supreme, June 16 2006, LJN AU8940, C04/372HR), developing a fragrance would be for the French supreme judge, nor a work of authorship or inventions, assuming a technical effect, but would proceed from the simple implementation know-how.

Will we be satisfied? The Court of Appeal of Aix-en-Provence, perhaps more sensitive to scents of Provence and Mediterranean, ruled intoxicating for an entire industry of Grasse, September 13, 2007 going directly against the decision of Cassation was one of only older. The case pitted (again) Lancôme society to a competitor, supplier of juice very close to its star perfume, Treasury. The Court thus concluded Provencal affirmatively that the creation of a perfume is protected by copyright and ultimately retain counterfeiting under similarities significantly exceed what is customary to see two original perfumes .

this Court and there is every reason to rejoice, has not failed to persuade the Court of Cassation in its corner. It is therefore for the latter to endorse protection of the fragrance of a perfume by the original law copyrights or to break again, against the zeitgeist. If the Supreme Court was again entrenched positions, it should be understood as a crying call the legislature: it is indeed appropriate that the legislature is addressing the issue, because if the Court invalidates the copyright protection of author, this part of the luxury goods industry will be greatly weakened. But if the Court approves the protection of copyright and grant the monopoly of exploitation rights to the creator, what about the consumer? It should be given a legal license to use, because by sharing its fragrance around him, an elegant actually would make a public performance requires permission under penalty of ... infringement action! That would make the perfume a private matter. Now do u woman without perfume has no future female (Coco Chanel). The Court of Cassation must therefore also take care to establish a new principle, I call implied statutory license.

© Xavier Cerf