Madam, Sir,
Following the rejection of the debit on February 13 from my current account, I am writing to assert my rights due to your failure to comply with the law, particularly regarding the payment instruments made available to your customers.
First of all, you will find attached proof that my account was funded with €60 on February 14, 2014, which means that the debit of €19.99 had every reason to go through. I am completely unaware of the reasons that prevented this debit and will seek an explanation from my bank to ensure this does not happen again. Nevertheless, this incident is entirely beyond my control, and your debit was indeed scheduled in the management of my account as I waited until February 22 to withdraw the remaining €20, after being informed of the rejection of your debit and noticing that you had not attempted the operation again.
According to the law, a payment instrument is defined by Article L314-1 of the Monetary and Financial Code which states:
I. - A payment account is an account held in the name of one or more persons, used for the purpose of executing payment operations.
II. - Payment services include:
[...]
3° The execution of the following payment operations associated with a payment account:
a) Direct debits, including individual direct debits;
b) Payment operations carried out with a payment card or similar device;
c) Bank transfers, including standing orders;
[...]
III. - The following is not considered a payment service:
1° The execution of operations based on one of the following documents, drawn on the payment service provider to make funds available to the beneficiary:
a) A paper-based service voucher;
b) A paper-based travel cheque;
c) A paper-based postal order as defined by the Universal Postal Union;
[...]
I have been protected by the Banque de France under a debt over-indebtedness file since January 14, 2014, which has led to my registration in the National File of Credit Repayment Incidents (FICP) and consequently deprives me of the right to use a cheque book and bank card as payment instruments. You cannot therefore compel either the Banque de France, my bank, or myself to violate the law regarding the preventive measures related to my registration in the file mentioned here.
As a result, in consideration of what the law states regarding the payment instruments that must remain at my disposal and recognized by all parties to a contract:
- You have the obligation to accept either a debit or a transfer from me as payment instruments. I therefore encourage you to renew your debit on March 5, 2014, or provide me with your bank details so I can make a transfer of the said sum as soon as possible.
- A postal order is not recognized as a payment instrument, and I refuse to use this method as it imposes an additional fee of €6 on top of the amount I owe you. Unless you agree to reimburse these fees, I am not obligated to pay you by postal order.
- I also leave you the possibility of requesting payment in cash at your Bordeaux agency to settle the dispute. Cash being the primary legal payment instrument that can be used by individuals and businesses below a certain threshold.
Having reminded you of the law concerning the payment instruments you are required to make available to your clients, including for settling disputes, I consider that any obstruction on your part to my will to pay you with these legally recognized instruments cannot in any way lead to a suspension of the service I have contracted with your company, nor even to late penalties related to my inability to pay you using the payment instruments you offer to your customers.
This obstruction you are placing upon me regarding my desire to pay you with the legally recognized payment instruments, which are nonetheless at my disposal, amounts to a violation of Article 1184 of the Civil Code which states:
The resolutory condition is always implied in mutual contracts, in case one of the two parties fails to fulfill its commitment.
In this case, the contract is not dissolved by operation of law. The party to whom the commitment has not been executed has the choice either to compel the other party to perform the agreement when it is possible, or to request its dissolution with damages.
The resolution must be requested in court, and the defendant may be granted a period according to the circumstances.
The company "Free-Mobile" being the party refusing my payment in the forms prescribed by the legislator, which it is again required to accept, I specify in this case that your obstinacy in preventing me from paying you with the legally recognized payment instruments will lead to a report to the fraud repression, as well as legal action under the previously cited article, in addition to Article 14 of the European Convention on Human Rights which prohibits discrimination based on wealth:
The enjoyment of the rights and freedoms recognized in this Convention must be ensured without any distinction, including on the basis of
sex, race, color, language, religion, political views or any other opinions, national or social origin, membership in a national minority, wealth, birth, or any other situation.
Pending a proposal for amicable settlement under the legal texts cited in this letter, I ask you to accept, Madam, Sir, my best regards.