PESCARA. A family of well-known entrepreneurs from Pescara manages to obtain justice, even after 9 years and two levels of judgement: a long and exhausting legal battle, all to avoid a financial collapse and above all that one of their properties was unfairly sold at auction .
It all started in 2015 with an injunction with which the bank with which they had relations demanded a credit of 300 thousand euros. With the first degree of the case, carried out by the lawyer Emanuele Argento, the appellants requested the return of all the sums of money paid illegitimately to the same bank due to compound interest, maximum overdraft commission, interest not regularly agreed upon: in short, all those mechanisms that, despite the many rulings to the contrary, many banks continue to practice. The Pescara court in first instance rejected the Pescara entrepreneur’s request (with a ruling dated June 2021), even if it revised downwards the amount of the alleged credit claimed by the bank, lowering it to around 160 thousand euros compared to the 300 thousand requested. It was thus necessary to initiate the appeal before the judges of the Court of Appeal who ruled in favor of the appellant on 15 April.
But while waiting for the second degree judgment, both the bank and the transferee company, which in the meantime had purchased the institute’s credits, proceeded with the real estate execution and therefore with the foreclosure of the guarantor-entrepreneur’s house. This was followed by the procedure of auctioning the property. And to avoid having his house taken away, the entrepreneur found himself forced to proceed with the conversion of the foreclosure, starting to pay the entire debt in installments: thousands of euros every month which had created quite a few problems for the owner’s business of the company that ended up in this vortex, as often happens in such cases. But while these payments had been in progress for years, the lawyer Argento saw all his requests accepted by the judges of second instance, who considered the injunction that had given rise to the dispute illegitimate: the appeal in favor of the appellant was therefore accepted and the injunction was revoked and the bank was also ordered to pay the costs.
Nothing was therefore owed to the bank and the transferee.
The principle affirmed in this case is important, and above all the fact that the president of the civil panel, Ciro Marsella (as well as rapporteur and writer of the sentence), took due account of the principles expressed by the technical accounting consultant, thus ascertaining that the banking relationship was not a debit, but actually a credit to the former account holder company. But despite everything, to definitively close the matter, the lawyer Argento had to make a further technical step, because the bank and the transferee will now have to return to the appellant all the huge sums paid by the guarantor over the years: a figure that is close to 200 thousand euros .
Now, to close the circle, it is necessary for the judge, with a specific provision, to order the immediate extinction of the executive procedure still in progress and therefore order the creditor to return all the sums received, as ruled by the judges of ‘appeal.
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