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URGENT: Help needed svp.


woolybanana
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Norman, this may be one for you.

A French neighbour of mine has just buttonholed me and revealed that they are up to their necks in debt and could go under.

It seems that they paid 31000 euros for an air air heating/ac system, and contracted a loan for this with two companies (SOFINCO was one), the deal arranged by the company which supplied the system.

Frankly the size of the system and the price horrified me as they only have a small two bedroomed place that requires little heating in winter and certainly not ac in summer. They were clearly ripped off.

So, can anyone please tell me if there is an organization like the British CAB where they get help in terms of debt management or debt renegotiation.

Thanks in advance.
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They can declare themselves 'surendetté'

Une personne est en situation de surendettement si elle ne peut pas

faire face à l'ensemble de ses dettes autres que professionnelles. Elle

peut alors déposer un dossier auprès de la commission de surendettement

des particuliers pour bénéficier de son intervention auprès de ses

créanciers.

http://vosdroits.service-public.fr/particuliers/F134.xhtml

There is a brochure about this from the Banque de France here:

https://www.banque-france.fr/fileadmin/user_upload/banque_de_france/La_Banque_de_France/guide-surendettement.pdf

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If they have gone beyond the 7 day cooling off period then they are pretty stuffed, I have seen and heard of lots of people taken in by these and photovoltaics, they become blind once there is a sniff of a credit d'impôt, even if they can cancel the order for the system or the company doesnt install/goes bust etc they usually cant cancel the loan without a huge penalty charge. It must be like shooting fish in a barrel for these companies.

If they are telling you the truth regarding being insolvent thet their best option is to challenge the loan as it puts them in surendettement and the loan provider is supposed to ensure that that doesnt happen, no doubt whatever they signed with their financial circumstances, existing loans etc was all fictional. The DGCCRF would be my firts port of call.

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I was going to say that there is an organisation 'repression de frauds' and I think that is the link that norman has given, thay are probaly the best contact for advice on their situation and get advice on what to do next. I wonder if a chat with the local assistante social might be a good idea? I had a bit of contact and help from one a few years ago and he certainly seemed to know the ins and outs and a couple of phone calls from him shifted a few mountains!! although I have to say this was for foncs/admin issues but he seemed to have a lot of clout!!

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Sofinco are a credit company, they are used by the FNAC for credit.My son has used them for years but has now paid off all outstanding and yet, they call nearly every other day to offer more finance. I got so mad I shouted at them I would report them for harrassment and we want nothing more to do with them, be careful as they are very persistant. Any problems that are genuine and to do with businesses,loans etc by fraudulent bodies, contact la Répression des Fraudes, their service is free and they get immediate results. An Assistante Sociale has access to the avocat for the Prefecture and Dept for legal advice, tell your friends to go see them as they are invaluable in times of trouble or they will come to your home!
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Be wary of applying for surrendettement, it is nothing whatsoever like UK bankruptcy and the actions are far more reaching and strict hereby the house would probably be sold or at least expensive items to pay the creditors off. I went to the Banque de France to see about this for our particular problem and it was horrendous as you have pages and pages of questions to answer which are then put in front of a judge for execution and it is he/she whomakes the decision of how you are going to pay etc. You have to give every scrap of info almost down to your weight and size, nothing can be withheld and it is really the very very last resort if indeed they will take you on as it is not automatically assumed they will. Luckily we did not need this to help us but we would have had to sell our home and we are the victims just as this couple are by fraud! Even to get into the Banque de France is a security nightmare.
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Norman, I find most french are not forthcoming about money matters and to discuss their problem is very hard with a total stranger at the CDAS. For other things such as entitlements etc, no problems but to admit they are in trouble to a fellow countryman is a total stigma here.They don't even like discussing salaries,mortgages,savings etc I have found, its all very private and personal.
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