Registered with Banque de France
23
January
2022
Summary of the article
Non-repayment of consumer credit, issuing bounced cheques, and misuse of a credit card are all actions that could lead to the Banque de France placing your name on a list banning you from banking activities. Fortunately, this situation can be reversed.
In France, there are typically two main categories for banking bans: the FCC list (Fichier Central des Chèques) and the FICP list (Fichier National d'Incidents de Remboursement des Crédits aux Particuliers). Here’s how to differentiate between them:
The FCC, Fichier Central des Chèques (Central Cheque Register)
The FCC records incidents related to payment instruments. This registry includes individuals who are no longer entitled to use bank cards or cheque books due to abusive practices.
How do you end up on the FCC register? The Banque de France may register you on the FCC for three main reasons:
- Issuing a cheque without sufficient funds, particularly if you end up in an unauthorised overdraft;
- A court order prohibiting you from using your cheque book;
- Your bank banning you from using your bank card due to misuse.
What are the consequences of an FCC registration?
Being listed on the FCC carries a five-year ban on issuing cheques. For bank card incidents, the ban is limited to two years. Non-compliance can lead to severe administrative penalties, including a fine of €375,000 and up to five years' imprisonment.
The registration affects not only the account holder but also:
- Joint holders of the offending bank account and all their joint accounts;
- All bank accounts held by the issuer of the bad cheque.
How can I be removed from the FCC file?
If you issue a cheque without sufficient funds, your bank must immediately inform you. You will be notified by telephone and then by registered post. You will be registered with the FCC only if you fail to replenish your account swiftly.
If you are able to rectify the situation, you will be removed from the register. If the issue was related to a bounced cheque, your bank must contact the Banque de France within 10 days to request removal from the list. For credit card incidents, the removal must be requested within two days.
Good to know: Can you open an account if you are banned from banking?
Being on a banking blacklist does not deprive you of the right to hold an account with a specialised institution. Whether you are registered with the FCC or FICP, Sogexia can assist.
FICP, Fichier National d'Incidents de Remboursement des Crédits aux Particuliers (National Register of Consumer Credit Repayment Incidents)
Established in 1989 under the Neiertz Act, the FICP is also managed by the Banque de France. Its purpose is to record incidents incurred by individuals in repaying their credit. It also includes names of people who have filed for over-indebtedness.
How do you end up on the FICP register?
You may be listed on the FICP for several reasons:
- Failing to make two consecutive monthly payments on a credit instalment;
- Not paying a non-monthly instalment after 60 days;
- Failing to repay an overdraft within 60 days of formal notice if the debt exceeds €500;
- Refusing to repay a loan in full following legal action by the credit institution;
- Having your case referred to the Commission de Surendettement.
Good to know: What types of loans does the FICP apply to?
Registration on the FICP applies to all personal loans, including home loans, consumer loans, debt consolidation, leases with purchase options, and hire-purchase agreements.
What are the consequences of being on the FICP register? Being listed on the FICP generally results in fewer severe consequences than the FCC but remains restrictive. It can make obtaining new loans difficult as all banking institutions can consult the FICP. However, being on this list does not legally prohibit lending; In some instances, it may result in a ban on using credit cards.
How long does an FICP record last?
For a payment incident, registration on the FICP cannot exceed five years. Once you have repaid the owed amounts, your bank must inform the Banque de France within four days that your situation has been regularised.
If you are registered due to over-indebtedness, the duration of your registration on the FICP varies depending on the recovery measure:
- It is five years for personal recovery procedures (PRP) and civil bankruptcy judgements in the Moselle, Haut-Rhin, and Bas-Rhin departments;
- It is seven years for a standard insolvency plan.
How can I be removed from the FICP register?
There are only two methods for removal from the Fichier National d'Incidents de Remboursement des Crédits aux Particuliers (National Register of Household Credit Repayment Incidents):
- Repay all amounts owed to creditors. Following this, creditors will issue payment certificates that must be submitted to the Banque de France.
- Avoid committing any new repayment incidents while your over-indebtedness measure or recovery plan is in effect.
Three key points to remember about Banque de France records:
- In France, the two most prevalent types of banking bans are from the FCC (Fichier Central des Chèques) and the FICP (Fichier National d'Incidents de Remboursement des Crédits aux Particuliers).
- The duration of the ban depends on the nature of the payment incident.
- The only way to avoid a banking ban is to rectify the situation promptly.