By Yvan Raphanel
« Resistance and obedience, these are the two virtues of the citizen.
By obedience he ensures order; through resistance, he ensures freedom. » Alain
Said testimony will not mention any name, personal or company, I will send this testimony to whom it may concern and they will recognize each other.
I was lucky to have a dad who my mother having abandoned me at 9 months in 1945 obtained my sole custody in 1949, my beginning of life was marked by a difficult procedure and in 1994, luck made that the dates have the numbers reversed.
I was the victim of a bank which had lost 1.2 billion francs in 1993 and if you add 9 + 4 = 13, the number is not bad luck.
Administrative complexity a French curse Les Echos June 3, 2021-Marie Bellan. Extract: ” Our passion for equality is matched only by the taste for particularism so as not to upset anyone. Not to mention the rentiers of the complexity lawyers, accountants and consultants, who live on this Kafkaesque regulation and whose fees paid by bankers are deductible from their income before tax. »
A procedure started on 27 12 1994 and at the end of 2021 it will be 27 years and some 150 court decisions for the closure of an account.
The bank maintained that the FREGA company that I created in 1976 had a discount line but that this company had never been a debtor from 1986 to June 1994 and that it had never granted any overdraft authorization. .
The bank of France will produce a certificate which will affirm the contrary, the bank as had the obligation declared accounts receivable for the company FREGA, but the myopia of the magistrate of the Court of Appeal of Versailles will not even state this certificate and his chief of staff will answer the phone ” that the BDF could be wrong ” and will follow the bank’s assertion.
Amusing today to reread the reasons for the judgment of 22 2 2001, this same myopic magistrate condemns the bank to deduct the interest unduly received from 1986 to 1994 and to recalculate them at the legal rate, but how to deduct the interest received on an account that has never been a debtor, better still the sentence also contains the same sanction for the application of value dates, which can only be prejudicial if the account is in debt, while the Bank of France denounces the declaration of a debit account for the company FREGA over more than one year, that the account statements on reading show accounts receivable, that the annual surety information shows a debit balance as of December 31 of last year, n ‘did not allow the magistrate’s brain to see this functioning in a debtor position.
The magistrate of the Court of Appeal of Versailles ruled that the current account agreement obliged the bank when closing the account that it presents a single and indivisible balance, like our Republic and in the for these reasons the said magistrate presented the subdivisions of account allowing the bank which he condemned moreover never to carry out his sentence, which proves the complicity of certain judges with the banking world.
If in 2001 the bank had respected the old article 1134 of the civil code « The legally formed agreements take the place of law for those who made them. “We would not yet be before the Commercial Court on the grounds of the bank giving us back an undated guarantee, then dated by the bank on 11.8.1994 and then on 19.8.1994 of which I have never had a copy but of which the magistrate, the famous, of Versailles was able to judge with date.
53 years of marriage, 44 years of activity, 27 years of procedures, is a life for a human being whose reputation for respecting prices, for having a bold design (Claude Terrail La Tour d’Argent) to have been treated in this way by a not very competent magistrate.
You must never give up when you are right, since in January 2020 the bank on its own initiative lifted the mortgage on my only house and decided that we no longer owe anything in a letter or figure of false allegations, a culture the bank lawyer.
Yvan Raphanel
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