Method of calculating interest on loans illegaledegli
You can request a refund from the Court of Bari has determined that the system in the French style, which affects nearly all mortgages in Italy, violates the law. On the site dell'Adusbef the form to request reimbursement
Rome - The Consumers' Association Adusbef, led by Elio Lannutti, public on its website, available to borrowers, the model for the claim, interest calculated in the plane amortization of the loan in a 'anatocistico', as explained in a statement. The initiative comes after the pronouncement of a court which showed that the rate of 13% subscribed through rate 'anatocistico' has arrived to 14.276%. In fact, last October 29 the court of Bari (sub-office of Rutigliano, Judge Peter Mastronardi) gave a ruling on loans dall'Adusbef called "momentous" because it "applies to almost all of the contracts in Italy." These are loans based on depreciation in the French style, in which payments are constant, composed of the sum of share capital (which increases gradually) and interest (which set the repayments) and calculated using the interest formula compound (ie the calculation of interest on interest). In the case - continues the statement - was involved in a business family from Puglia, vice-chairman of Adusbef defense, the lawyer Antonio Tanza of the Forum Bari, who in April 2001 brought an action against the Banco di Napoli (now Intesa Sanpaolo). Under the lens are over two loans to open in January 1988 (350 million pounds, ten, six-monthly installments at a fixed rate) and in May 1989 (by a billion floating-rate ten-year semi-annual installments). In the two contracts under review, a technical consultation showed that the rate was calculated using the formula of compound that was not expressly stated in the contract.
counseling showed an increase of the actual cost of the contract due to an effective rate higher than the nominal one: most were the rate, the more expensive the loan. Customers would sign the contracts, had not realized the high effective rate to be paid because the annual nominal rate was indeed the one indicated in writing in the contract, while the effect could only be inferred from an examination of the repayment plan. Instead of a 13% rate on the loan of 350 million lire, customers pay an annual effective rate of 14.276 percent, all'Adusbef stress. The magistrate granted the request and stated that the calculation of the repayment plan must be transparent and carried out according to mathematical rules of simple interest and not the compound used precisely nell'ammortamento "French". The Civil Code requires the calculation of interest daily (Article 820 / 821), can not be applied to compound except to the extent that Article 1283 provides that the pact anatocistico (ie compound interest) is following the vesting of the interest and never before, as it happens nell'ammortamento "French". The bank that uses this type of capitalization in the contract violates not only Article 1283 of the Civil Code Article 1284, but also that in the event of failure or determination and specification of uncertainty (nominal rate between contract and actual rate of repayment plan attached to the contract) requires the application of the legal rate and not the simple ultralegale, indefinite or uncertain. Savers have obtained the partial cancellation of loan agreements for breach of good fede nella conclusione ed esecuzione dei contratti e per difformità tra tasso contrattuale (indicato agli atti) e quello effettivo di ammortamento. I piani di ammortamento sono stati ricalcolati al tasso legale di volta in volta in vigore, con l'eliminazione dell'anatocismo, determinando una quota interessi inferiore a quella pagata.
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