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Holders of postal savings coupons signed in the seventies and eighties are often forced to resort to legal aid Poste Italiane. The reason? the repayment of interest Halves the checks, which contrasts with the expectations of bona fide customers, who expect a payment higher than the interest. The problem is generated by the Ministerial Order of 1986, which has effectively authorized the reduction of interest by half. The publication of the aforementioned decree in the Gazzetta Ufficiale, however, does not constitute evidence to legitimize the action of Poste Italiane.
Poste Italiane: interest-bearing bonds and interest divided by two
The case law has ruled on the subject several times, with the Court of Cbadation who has established in different judgments what the reason was for the owners of the property and not the mail. To be authentic, in fact, it's what's written on the back of the coupons. And no ministerial decree can contradict this fact. In fact, the modification of this time was done unilaterally, without the direct interests (the holders of the coupons) being made aware. The surprise therefore comes at the moment of collection, when repayment is significantly lower than expected. There are those who accept, in spite of disappointment, and those who return by legal means. With a result often positive for his cause and the receipt of the amount due. That's 100% of the amount due, rather than a fluctuating amount (average) between 47 and 52% of what was really due.
Poste Italiane savings certificates: what is written on the back is valid
With the phrase n. 13979, the Court of Cbadation has already pronounced on the issue, giving reason to the holders of vouchers, as it had to do what is written on the back. The key concept lies in the mechanism for issuing series-bearing bonds and in the fact that the conditions under which a security can be subscribed can not change over time. An award of 9 September 2016 from the Court of Cbadino and quoted by Euroconsumatori is also fundamental. In fact, it has been established that "interest on savings bonds must be calculated at full yield in accordance with the conditions indicated on the back of the supporting documents, without any subsequent modification being retroactive".
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Poste Italiane savings certificates: P / Q series and reimbursement
In this regard, it should be noted a recent victory of the Code Association that protected 3 savers of Ferentino. The little girl was in theuniformity of postal notes of the P series (completed in 1984 and therefore prior to the aforementioned DM) with those of the Q Series. With direct consequences on the repayment of Coupons Series P issued after the Ministerial Decree. As lawyer Gianmarco Florenzani explains, "the mistake was to continue selling P series as a result of a decree and it was not fair to lose consumers who had legitimately bought a financial product "whose initial conditions recognized another. kind of interest.
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