When facing foreclosure proceedings, the feeling of helplessness is often total. This is the challenge our firm took on for Mrs. X, whose primary residence was threatened by S.A. Crédit Industriel et Commercial (CIC).
Following a payment demand served in December 2024 for a loan of 99 000 €, the bank was requiring immediate repayment of the entire outstanding debt, amounting to more than 90 000 €.
The Legal Angle: Hunting down the unfair clause
Our defence strategy focused on a crucial point in the loan agreement: the immediate acceleration clause.
This clause allowed the bank to declare acceleration of the loan (requiring full repayment immediately) after only 30 days of arrears, and without any prior notice. We argued before the judge that this provision:
- Created a significant imbalance between the bank and the borrower.
- Undermined the consumer’s rights by abruptly and severely worsening their financial situation.
- Should be declared “null and void” under the principles of the Code de la consommation.
The Legal Victory: Amount owed divided by 7
The Juge de l’Exécution accepted our arguments in their entirety. In its ruling, the court confirmed that the absence of a notice period rendered the clause unfair.
The outcome: The acceleration of the loan was annulled. The amount due fell from over 90 000 € to just 13 611,03 € (corresponding solely to the instalments actually unpaid).
What this means for you
Thanks to this intervention, the foreclosure proceedings were halted. Mrs. X was able to regularise her payment arrears without losing her home.
This ruling is a reminder of a golden rule: the figures announced by banks are not inevitable. A careful analysis of the general terms and conditions of your loan may reveal legal weaknesses capable of protecting your assets.
