The bank was wrong in the borrowing rate, the winemaker gets his conviction

The progressive deconfinement started on May 11, in the courts, the business resumes. The Banque populaire Aquitaine Center Atlantique paid the price, in a dispute between them and a winegrower from Libourne. The latter accused him of having applied a rate which did not reflect the real cost of his credit. In its judgment of April 15, the Bordeaux Court of Appeal agreed with the winemaker, reports South West. Its president, Béatrice Patrie, stood behind the opinion issued last year by the Court of Cassation. However, at first instance, in 2018, the bank had won its case.

In recent years, faced with the increasing number of procedures concerning rate errors, the justice system has tended to take some liberties with the consumer code. A judge of the Créteil court even admitted that with his colleagues, they “had a little fun limiting the interest of the dispute and stopping the flow of files”. This decision of the Bordeaux Court of Appeal therefore risks being landmark.

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As Sud Ouest points out, the borrower can, in the event of an error, request the total or partial forfeiture of interest. A request which was only rarely validated, the judges often estimating the damages to a minimum. The overall effective rate (TEG), which appears on the loan offer or contract, includes the administration fees, commissions, insurance premiums and other remuneration.

A gain of 30,000 euros for the winemaker

In the case of the Libourne winegrower, who had subscribed, in 2012, to a loan of 123,000 euros, the Aquitaine Center Atlantic Bank had failed to include the registration (125 euros) and mortgage (1,750 euros) fees. On the winemaker’s contract was then indicated a TEG at 3,746% instead of 3,966%. The Bordeaux Court of Appeal therefore reduced the rate to 0.71%, the legal interest rate in effect 8 years ago, specifies the regional daily. A decision which should therefore save 30,000 euros for the Libourne winemaker.

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For his defense, the Bordeaux winegrower had called Me Émilie Lopez and a financial expertise carried out by the specialized cabinet CTréso, based in Mont-de-Marsan. A report that has finished convincing the judges. “The author of the report details the fees he includes in the TEG. He uses a commercial spreadsheet, which he specifies the brand and the calculation function that he applies to the loan data. And he obtains a confirmation of the result obtained by using the software presented to the National School of Magistrates “, underlined the Bordeaux Court of Appeal, relayed by Sud Ouest. Solicited by Capital, the Banque populaire Aquitaine Center Atlantique declined to comment. In a few months, the winemaker intends to repeat by presenting another of his loans to the courts.