Payment Incidents
Verified 30 September 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Have you exceeded your authorized overdraft or your bank has rejected a check, credit transfer or direct debit? You are then in a situation ofpayment incident. Are you wondering if you have to pay a fee or how to regularize your situation? We present you with the information you need to know.
The rules differ according to the type of payment incident: rejection of a NSF check, rejection of a credit transfer or a direct debit, exceeding the authorized overdraft.
NSF Check
Check Rejection Information
The bank must inform you before and after the check is rejected.
Before Rejection, the bank must warn you of the risk of a payment incident to allow you to replenish your account quickly.
If the check was rejected, the bank must send you a letter within a short period of time setting out the consequences of the rejection and the means of regularizing your situation.
Incident Fee Information
The bank must inform you of the amount of the bank charges related to the payment incident (newsletter fees, rejection fees, intervention fees, etc.). It must do so at least 14 days before the fees are charged to the account.
This information is usually mentioned at the end of your statement, in a specific section.
As soon as you are informed of the incident, you must regularize your situation by one of the following two means :
- By resubmitting the check, after replenishing your account
- By paying the amounts due directly to your creditorby any means. In this case, you have to give the check to your bank.
Warning
If you don't regularize your situation, you may be banking ban for five years.
Your creditor can also attack you in front of civil courts.
Your bank may charge you a fee. However, these expense are capped.
The amount of the cap differs depending on whether you are in or out of financial fragility situation.
FYI
an NSF check submitted multiple times within 30 days after the 1er account rejection for a single payment incident.
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General case
Check up to €50
Bank charges may not exceed €30.
Check for more than €50
Bank charges may not exceed €50.
Customer in financial fragility
You benefit from a specific offer "fragile customer"
Charges for banking incidents are capped at €20 per month and at €200 per year.
Other case
Bank incident charges are capped at €25 per month.
The billing of the various letters relating to the payment incident sent by the bank is included in these charges.
The unresolved payment incident memory can be stored in the following files:
- Private files of the relevant bank
- Central Check File (CCF) and National Irregular Check File (FNCI)
- Personal Credit Reimbursement Incident File (PPIF), in the case of unpaid credit terms.
After regularization, the memory of payment incidents can only be kept in the private files of the bank.
Rejection of credit transfer or direct debit
Information on the rejection of the payment order
The bank does not have to inform you in advance of its intention to reject the transfer or direct debit order. She is not obliged to send you a letter once the direct debit has been rejected.
You are informed only by checking your accounts or by interviewing your bank.
Incident Fee Information
The bank must inform you of the amount of the bank charges related to the payment incident (newsletter fees, rejection fees, intervention fees, etc.). It must do so at least 14 days before the fees are charged to the account.
This information is usually mentioned at the end of your statement, in a specific section.
As soon as you are informed of the incident, you must regularize your situation by one of the following two ways:
- By resubmitting the payment order, after replenishing your account
- By paying the amounts due directly to your creditorby any means.
Otherwise, your creditor can attack you before the civil courts.
Your bank may charge you a fee. However, these costs are capped.
The amount of the cap differs depending on whether or not you are in a situation of financial fragility.
Please note
the persons recognized as over-indebted shall be considered to be in a situation of financial fragility.
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General case
Bank charges cannot exceed the rejected payment order amount and cannot exceed €20.00.
Customer in financial fragility
The amount of the ceiling differs depending on whether you benefit from a specific “fragile customer” offer or not.
Specific offer "fragile customer"
Charges for banking incidents are capped at €20 per month and at €200 per year.
Other case
Bank incident charges are capped at €25 per month.
Please note
If the credit transfer or direct debit is rejected again, the bank must not charge you a new fee. If she does, she has to pay you back.
The memory of unresolved payment incidents can be stored in the following files:
- Private files of the relevant bank
- Personal Credit Reimbursement Incident File (PPIF), in the case of unpaid credit terms.
After regularization, the memory of payment incidents can only be kept in the private files of the bank.
Discovered
Information on overdraft authorization
The bank is not required inform you when the authorized overdraft has been exceeded. But most banks send a newsletter, which is often billed.
Incident Fee Information
The bank must inform you of the amount of the bank charges related to the payment incident (newsletter fees, rejection fees, intervention fees, etc.). It must do so at least 14 days before the fees are charged to the account.
This information is usually mentioned at the end of your statement, in a specific section.
As soon as you are informed of the incident, you must regularize your situation by one of the following two means :
- Replenishing your account
- By paying the amounts due directly to your creditorby any means.
Your bank may charge you a fee. However, these expense are cappeds.
The amount of the cap differs depending on whether or not you are in a situation of financial fragility.
Please note
the persons recognized as over-indebted shall be considered to be in a situation of financial fragility.
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General case
Maximum charge per operation: €8.
Maximum fee per month: €80.
Customer in financial fragility
The amount of the ceiling differs depending on whether you benefit from a specific “fragile customer” offer or not.
Specific offer "Fragile customer"
Maximum charge per operation: €4.
Maximum fee per month: €20.
Maximum fee per year: €200.
Other case
Bank incident charges are capped at €25 per month.
The memory of payment incidents may be stored in the private files of the bank concerned.
Relationship between banks and their customers
Rejected Check Fee
Criteria for assessing a client's financial fragility
Charge for rejected credit transfer or direct debit order
Allowable overdraft charge
Document template
FAQ
National Institute of Consumer Affairs (INC)
Supervisory and Resolution Authority (ACPR)
Supervisory and Resolution Authority (ACPR)