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Legal Notice

Legal information about BERDINVEST website.

Company Name and Head Office

This site is the property of the company BERDINVEST, registered in the FRANCE Trade and Companies Register under the number SIREN 381420462.
Head office: 10 Rte De Gisors, 27870 Vesly, France.
BERDINVEST is authorised as a Specialised Credit Institution and is subject to the supervision of the Autorité de Contrôle Prudentiel et de Résolution, 4 Place de Budapest, CS 92459, 75436 Paris Cedex 09. VAT NO.: FR25381420462.
E-mail: contact@berdinvest.com
BERDINVEST is ISO9001 certified.

Commitments on the processing of credit claims

If you encounter any difficulties in connection with the services provided and the execution of the contracts concluded with BERDINVEST, we invite you to contact your consultant directly or to contact our consumer service department by e-mail at: contact@berdinvest.com.

BERDINVEST undertakes to acknowledge receipt of your request within 10 days and to provide you with an answer within 2 months from the date of receipt of your request.

Data Processing and Liberties

The information collected on this website is subject to computer processing in order to determine the feasibility of a credit application. The recipients of all or part of the data are :
BERDINVEST
Its banking partners
Its partners in insurance delegation.

This data is kept throughout the duration of the study, whatever the outcome of the study. They are then kept for 10 years for monitoring and prospecting purposes. Beyond that, they are kept for historical and statistical purposes.

In accordance with the French Data Protection Act of 6 January 1978, modified in 2004, you have the right to access and rectify any information concerning you, which you can exercise by contacting BERDINVEST – Customer Service – by email at contact@berdinvest.com.

You may also, for legitimate reasons, object to the processing of data concerning you.

Our data protection commitment

We are committed to ensuring the security of personal data through strict procedures within our company. For data collected “online”, we use a security process that guarantees you a high level of protection. The padlock displayed by your Internet browser indicates that you are in a part of the BERDINVEST site that is subject to enhanced security, based on reliable and internationally recognised protocols. Thanks to our secure service and the encryption of confidential data, we ensure total protection of your identification. You can therefore communicate personal information to us in complete confidentiality.

Hyperlien

BERDINVEST cannot be held responsible for hypertext links to other sites, particularly with regard to the content of these sites. BERDINVEST is not responsible for the hypertext links pointing towards the present site and forbids any person to set up such a link without its express and prior authorisation.

Agreement on amicable debt collection in consumer credit

The ASF and the co-signatory consumer organisations have agreed as follows: this agreement concerns amicable debt collection, i.e. the phase preceding the execution by a bailiff of a title obtained by the creditor from a judge. The persons responsible for amicable debt collection acting on behalf of consumer credit institutions have the task of listening to and contacting the customer with a view to reaching an amicable solution to the payment difficulties he encounters and, as far as possible, maintaining the business relationship with him.

If the unpaid amount is the result of a dispute over the debt that cannot be settled immediately, the customer will be referred to the consumer service department and then to the ASF’s mediator. Amicable debt collection is an extremely important phase in the relationship between a borrower and a lender. The institutions undertake to respect and ensure that natural or legal persons acting on their behalf (debt collection companies, investigators, etc.) respect the ethical rules of the following three phases in their amicable debt collection approach :

1. Upstream, preventive incentive.

Credit institutions encourage customers by all means (prior offer of credit, account statements, communication leaflets, etc.) to contact them as soon as a difficulty is likely to arise, i.e. even before an overdue payment is noted.

2. The rules of amicable debt collection.

At all times during the amicable procedure, the lender undertakes not to exert moral pressure on the debtor and to reduce the frequency of contact to the strict minimum. In the event of non-payment, the lender will contact the client using first of all the personal or, failing that, professional contact details provided by the borrower. The aim is to reach an amicable settlement of the problem and to avoid, as far as possible, forfeiture of the term or termination of the contract. In the present text, the persons responsible for collection are generically referred to as “lenders”.

The procedures put in place reflect the progressive nature of the recovery process: The customer is informed that an outstanding payment has been noted (omission, technical error, temporary difficulty, etc.). The establishment indicates the contact details of the department that the customer can contact; if the outstanding amount cannot be regularised, the dialogue with the customer is aimed at finding a solution according to his personal situation; at each phase, a single department then follows up the customer’s file for consistent treatment. Depending on its development and complexity, the file may be passed on to a more specifically dedicated contact person or department, which has access to the history of the current incident. The client is informed of this.

The procedures ensure that confidentiality and privacy are respected: the information obtained by the contact person in charge of the file is strictly confidential and must not be used for any purpose other than the management of the client’s file(s); during telephone contact, the identity of the contact person should be verified as that of the client either when the establishment makes contact or when the client calls the establishment (address, date of birth for example); it must be ensured that the customer can express himself/herself without embarrassment in relation to third parties; conspicuous forms of reminder of unpaid bills are to be avoided (for example, any mention on an envelope indicating that the correspondence concerns the recovery of a debt); faxes and e-mails are only sent at the workplace with the express and punctual agreement of the customer. Letters reminding of unpaid debts must not be sent to the employee’s workplace; contact times must be adapted to the customer’s availability and chosen so as not to cause excessive inconvenience; contact is not made on Sundays or public holidays, unless expressly requested by the customer; amicable debt collection officers receive support and follow-up concerning the application of regulations (Data Protection Act, Banking Act, etc.) and this agreement, as well as analysis of the telephone conversation and procedures. The procedures ensure the transparency of relations with the client : professional, objective, respectful behaviour, free of any aggression towards the client; non-use of a false quality, particularly for the purpose of intimidation; proscription of any written document which, by its presentation, gives the false impression that it is a document emanating from a ministerial officer or a public authority; proscription of any written document containing allegations aimed at intimidation; explicit reminder of the consequences of failure to repay deadlines; access by the client to information concerning him/her, in compliance with the regulations. sending on first request of a statement to the client with whom the relationship has been interrupted for at least one year.

3. The rules of exceptional amicable debt collection involving the use of third parties.

A distinction must be made between : Involuntary contact with a third party (the answering machine at the client’s place of work is considered to be a third party): the person you are trying to contact is not the one who answers (family member, office colleague when the client originally provided his professional contact details to reach him). In this case, the only purpose of contacting a third party should be to leave a message for the client.

It is carried out in compliance with the following conditions:

the message only mentions the name and direct telephone number of the person to be called back. It invites the customer to call this person back; the message left at home may also mention the company’s name, without any other indication; the involuntary contact with a third party must not aim at collecting information relating to the unpaid debt; contact with the same third party must be avoided as far as possible; voluntary contact with a third party is intended solely to trace the debtor, unless the debtor has expressly expressed his or her willingness to enter into the judicial recovery phase. It is caused by the permanent impossibility of contacting, by mail and telephone, the person with the contact details provided (for example, who has left without leaving an address). The third parties concerned are the authorised departments of the town hall, the caretaker, neighbours, family, employer. The search for new contact details from third parties is legitimate, but must be carried out with the necessary discretion. Only the name and direct telephone number of the person to be called back is mentioned. The client is invited to call this person back. No mention is made of the lender’s company name; depending on the person to contact, the purpose of the call may also be to confirm the new address, telephone number and place of work of the client; regardless of the person to contact, it is forbidden to mention the client’s financial difficulties; contact with the same third party must be spaced out over time; no messages must be left on a third party’s answering machine. In any case, the absence of contact or regularisation accelerates the passage of the file to litigation.

4. Implementation of the agreement.

The borrower will be informed of the existence of this agreement and the possibility of obtaining the text: in one of the documents submitted at the same time as the loan is taken out or in the month following the release of the funds; in the debtor’s warning letter on the declaration of the incident to the FICP, referred to in Article 4 paragraph 1 of the amended regulation no. 90-05 of 11 April 1990. The content of the agreement will be included in the training given to those responsible for debt collection. The agreement will be appended to the agreements between credit institutions and the debt collection companies they appoint. The agreement will appear on the ASF’s website and that of its members concerned. It will be referred to in the “Credit Quality” standard. Monitoring of the application of the agreement by lenders is carried out by the signatory consumer organisations, the ASF and the ASF’s Mediator.

5. Monitoring of the agreement.

The signatories undertake: to review the application of the agreement each year and to continue to work together to reflect on collection methods during the litigation phase. Denunciation by any signatory is possible at any time.

6. Entry into force.

This agreement is applicable to the phase up to the expiry of the term or termination of the contract since 1 January 2005. As regards the phase from the lapse of the term to the execution by the bailiff of the title obtained by the creditor from a judge, it shall enter into force on 16 April 2007. Mediator: a person made available by the ASF to seek amicable solutions to disputes arising between a financial company and its clients. De jure and de facto independent of ASF members, he fulfils a mission of conciliation between the parties. In the absence of conciliation, he issues an opinion, in equity, on the dispute submitted to him. However, it is not obligatory for the parties to follow it. The ASF Mediator – 75854 Paris Cedex 17 or on the website http://lemediateur.asf-france.com/.

Legislation and Financial Conditions

In order to keep you fully informed, BERDINVEST is communicating the essential principles applicable to our profession:

L.311-5 (Monetary and Financial Code) :
“A loan is binding and must be repaid. Check your repayment capacity before committing yourself. »

Furthermore BERDINVEST informs you that :

In all credit operations you have a withdrawal period which depends on the type of operation. Make sure that this information is given to you at the latest when you sign the loan offer.
When a credit operation results in a reduction in the amount of the monthly payments, this may lead to an extension of the loan repayment period and increase the total cost of the loan.