Consumer’s rights defended by lawyer in Palermo
Once again, a consumer had to turn to a lawyer to protect their rights, this time in order to obtain a copy of all the quarterly statements of their deceased father’s bank account. This was reported by lawyer Andrea Pace from Palermo, through a press release.
After filing the inheritance declaration, the lawyer reports, the son of the account holder sent it to the bank where his father was a customer, requesting a copy of the statements to have knowledge of them. However, the bank did not respond to the requests or to further registered letters sent by the heir, “violating – as stated in the note – the rights of the citizen and especially the rule provided by article 119 of the Banking Consolidation Act, which imposes on the bank the obligation to periodically communicate the current situation in the relationship with the customer and the right to obtain documentation of each operation recorded on the statement, including for heirs.”
The lawyer contested the omission conduct of the bank with a certified email and, not having received a response, submitted a request for an injunctive decree to the Palermo court on May 28, ordering the credit institution to immediately deliver what was requested, pointing out that all the judgments issued by case law in similar cases have established that “the right provided for by the fourth paragraph of article 119 Tub constitutes a substantive right, (…); that the right to receive banking documentation finds normative reference, in addition to the aforementioned art 119 Tub, also in the general duty of good faith in contract performance, carved in article 1375 cc (….)”
A few days later, on June 5, the court granted the appeal and ordered the bank to immediately deliver all the statements that had been requested for a long time, condemning it to pay the legal costs, amounting to 2,094 euros, related to the lawyer’s bill and to the costs of the injunctive decree petition. “It is a constant step in our legal system – Pace asserts – that every citizen has the right to obtain from their bank a copy of all signed documentation (e.g. copy of contracts, transfers, every transaction made, signed deeds, etc., without any limitation) based on the obligation of good faith, correctness, and solidarity that falls on the banking institution.”
The press release from lawyer Pace does not mention the name of the bank.
Palermo, l’erede chiede a vuoto gli estratti conto del padre morto: la banca condannata a consegnarli e a pagare le spese legali
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