Penalty of the penalty.
Anglevan
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Anglevan -
Anglevan -
Hello,
I had a free mobile plan that has since been canceled. My credit card expired, causing my bill to be paid late, and I received a penalty of €7.50. Not knowing this, I paid this penalty late on September 1, 2020. On December 10, 2020, a collection notice indicated that I owe a late payment penalty on the penalty itself. So, due to my late payment of one bill, I now have two penalties of €7.50. Is this normal?
Configuration: Android / Chrome 87.0.4280.66
I had a free mobile plan that has since been canceled. My credit card expired, causing my bill to be paid late, and I received a penalty of €7.50. Not knowing this, I paid this penalty late on September 1, 2020. On December 10, 2020, a collection notice indicated that I owe a late payment penalty on the penalty itself. So, due to my late payment of one bill, I now have two penalties of €7.50. Is this normal?
Configuration: Android / Chrome 87.0.4280.66
1 answer
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Good evening
Free is apparently fabulous.
A penalty is derived from the etymological root <penal> and must thus be imposed by an impartial and independent tribunal.
However, this rather corresponds to fixed collection fees unilaterally set at the whim of a computer programmed according to the desires of the operator.
It turns out that Article L 111-8 of the Code of Civil Execution Procedures states: Collection fees incurred without an enforceable title remain the responsibility of the creditor, unless they concern an act whose completion is prescribed by law to the creditor. Any contrary stipulation is deemed unwritten, unless otherwise provided by legislation.
Furthermore, Free was condemned for abusive clauses by a ruling of the Paris TGI on February 23, 2016, confirmed by the Paris Court of Appeal on October 12, 2018. Free is well aware of these decisions but continues to refuse to apply them under the pretext of payment modulation by day. This explanation is equally flimsy in law, notwithstanding their famous general terms and conditions that operators often based in Morocco read from their call center screens, mocking these decisions. Their commercial role, if not legal, is therefore totally non-existent.
The complaints service does not take any calls, as a Free helper said, lol the term has been insulted too often....
So write to Free's national consumer service, and as you will receive no response, on the 31st day, contact the national telecommunications mediator online who can only rule in your favor. If not, file a declaration with the judicial court registry.
A few years ago, Free presented itself as an anti-sucker operator....</penal>