Court of Mantua
Judgement May 27, 2008
Conduct of case
By writ of summons served on 6/10/2004 said PU a) that in the period between May and September 2003 had prompted several banks and finance companies to some of the grant funding and / or applying for a credit card, but that all his demands had been accepted, b), Be suspicious to what was happening and did some research, it was learned that his name had been reported to the Central Credit established at the Bank of Italy, with effect from 30.11.2002 by the Bank A. in relation to a suffering which amounts to € 1,650.00, requested that the report had made it clear he was referring to an exposure from a loan granted in 1990 merchants from Bank N. (Later merged into Bank A.) and in relation to which had been discovered the last installment of repayment amounted to £ 1,549,272 as of 03/12/1997; c) that the account at Bank N., opened in order to ensure the repayment of the financing-not ever, he admitted, been subject to the terms, however, was repaid in March 1996 upon payment of the amount due, hence the illegality of the conduct of the bank for the alert to this long distance of time and had been without procedures undertaken for the recovery of the alleged claim that he based the claim for damages caused to the image and staff to work. It was the bank which sought the rejection of the application, arguing that the remaining debt was not paid off having done so only to turn the game and that unnecessary suffering had been attempts to obtain payment of the residual, also assigned to a specialized company for the claim.
experienced the preliminary hearing, the case was retained in the decision on the conclusions of the parties listed in the headnote.
Reasons
The application is based and be accepted. In terms of whether it should be noted that while the bank, the same way as account statements, continued to argue that the P. (Which is often in arrears in the repayment of the financing as documented by the numerous letters in acts) would still paying the sum of € 1,765.72 (with value 30.06.2004), the actor has always disputed that claim, even before the commencement of these proceedings, especially as regards the measure of interest charged by the credit.
should also be noted that the P. (Now retired) at the time was a senior industrial wage of around 1.5 million pounds net per month and was co-owner of a building used for habitation and that the bank attempted recovery of the claim out of court by giving its position Two specialist companies that act gave the refusal of the Father, properly approached, to pay more, as a result of communications which the Bank N. arranged to turn the game suffering and to make the report to the Central Risk.
Given that the documents discharged by the parties (in particular, the bank has produced extracts from the account with an indication of the amount paid by the plaintiff on account of principal and interest) it follows with absolute certainty, the evidence of the stock actor towards the bank, it is necessary to verify the legitimacy of the report of his name to the Central Risk.
It should be noted that the service for the centralization of banking risks, established by resolution of the Interministerial Committee for Credit and Savings (CICR) of 16.5.1962 and submitted to the Bank of Italy, is now governed by the decision of the ICRC, 29.3.1994 No 429300, adopted under Articles. 53, comma 1, lett. b, 67 co. I, Lett. be 107 co. II d. lgs. September 1, 1993 385 as well as by the instructions issued by the Bank of Italy instructions consisting of surveillance of banks, passed on to the banks and relating to the "Central Credit" and specific instructions to intermediaries involved in transfused in Circular 139, 11 .2 .1991.
should also be noted that the reports are organized by types of banking transactions, provide for a distinction of these nine categories in the census, characterized by an apparent difference in risk associated with the characteristics same techniques of operations, which include that of "suffering" and, within that category should be reported for all claims case against persons to be insolvent, even if not judicially determined, or in situations basically similar.
should be added that the suffering can not be affixed to an automatic consequence of a mere delay in payment of the debt and that such endorsement does not imply an expected loss, that is irrecoverable credit, since, if the current estimate of recoverable become , credit, already reported in distress, should be moved in whole or in part in the census category of claims in the past loss, with its loss of its inclusion in the category of suffering (see Cass. 10/12/2007 No 21 428): the substance for insolvency under the Shipbuilding Framework, includes a negative assessment of the balance sheet, valuable as a deficit, or as serious economic difficulties, then without any reference to the concept of said sums being insufficient or non-recoverability of the final (see Cass. 12/10/2007 No. 21428 and case law on the Trib Pescara 12.21.2006; Court Rome, 11/25/2004 No. 31484, Court of Milan, 03.17.2004; App Milan, 04.11.2003; Trib Bari, 22/12/2000).
As with the details given above it follows that the inclusion of the position of the instant in the category of loans was not apparent from the unlawful acts which he pays in terms of economic difficulty as he was limited to refuse to pay voluntarily out of court as required by the bank or the persons charged by the credit recovery.
should be noted that the injury caused as a result of illegitimate signaling is of considerable gravity leading to the exclusion of bank credit or otherwise indicated by the difficulty if not impossibility of access and that the bank incurs, in that case, the so-called responsibility to inaccurate information which stands both as a non-contractual liability in tort art. 2043 cc and as a liability contract for breach of the rules of conduct between banks and customers under Articles. 1175, 1374 and 1375 cc, causing damage which is believed to exist in re ipsa and that therefore the legitimate right to compensation without the injured respondent the burden of providing evidence of the damage (Cass. 08/30/2007 No. 18316; Cass. 6/28/2006 No 14977; Cass. 19/01/2001 No 4881, Cass. 11.05.1998 No 1103).
It should be noted that the lesion involves the right image and honor as well as compensation of pecuniary damage, if that occurred, even the non-pecuniary damage consists of the decrease in consideration of the person by the subsidiaries in general or specific categories of they with which the entity operates, giving it outstanding in the discretion under Articles. 2056 and 1226 cc and that occurs because of the introduction of damaging news for sufficient time to permit their perceptibility by those of those who have access to the Central Risk (see Cass. 06/04/2007 No 12929) : Given the long duration of the alert (from November 2002 to October 2003), the fact that the smallness of the amount shown as bad debts had greater detrimental effect of reputation, as a index of decoction was even before a debt small, and the fact that instant was repeatedly refused to grant it a credit card, it seems fair to acknowledge plaintiff the sum, also inclusive of revaluation and legitimate interests (see Cass. 01.17.2003 No 608) accrued to date of € 5,000.00 which must be added the legal interest from the date of the decree until the final settlement.
Finally, it should be added that the petitioner was found not proven to have suffered a financial loss so that no money can be allocated to it on that basis.
expenses are paid following the unsuccessful, as the device.
PQM
the Court of Mantua, in single judge, finally saying, and any other application except outcast, hereby orders: sentence the defendant to pay plaintiff the reasons for the reasons given the sum of € 5,000.00 plus statutory interest from the date of the decree until the final settlement;
sentence the defendant to pay plaintiff the costs of liquidation proceedings in a total of € 3208.61 € 208.61 for which costs € 1,200.00 and € 1,800.00 for fees for fees, plus reimbursement of expenses under Article Packages. TP 14, and in addition to VAT and the CPA as required by law.
Cosi 'decided in Mantova, 27.05.2008 there.
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