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Central Credit Register – The last dealers can’t produce the Central Credit Register reporting without the communication to the defaulting debtor

The Court of Treviso, with the Order of 28th December of 2020, highlights the last dealers can’t produce the Central Credit Register reporting without the communication to the defaulting debtor, if the credit has been assigned through different securitisation transactions.

There is the assumption of fumus bonis iuris considering the ambiguity of data relating to a certain amount of time and to exiguity of the credit.

The Board has decided, nonetheless, to adhere to the viewpoint of the need to provide timely notification of any non-performing loans reported by the credit institution to the customer, which originates – in addition to all applicable laws and regulations – from the constitutionally oriented interpretation of the contractual arrangements agreed upon amongst the parties and, in particular, through the need to comply with good-faith responsibilities established during the course of the relationship.

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 Order of the Court of Treviso

 

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