Second foreclosure of the pension for an unpaid debt – Is it normal?


In 2012 I asked for a personal loan from Agos Ducato, which was granted to me since my wife and I had a working income: I always paid the installments until the end of 2014, after which I sent Agos asking if it was possible lower the installment, lengthening the terms, as my wife had been placed in extraordinary layoffs. I never received any response from them. Unfortunately my wife was fired in January 2015, I could no longer honor this debt. Apart from the various phone calls also threatened by debt collection, which I did not give up and I do not care, in 2016 I received A / R from Banca IFIS where he says that the DUCATO AGOS had sold my debt to SUNRISE SRL and to which it had sold it to Banca IFIS. Honestly I do not know if all this is regular, since I have never known anything. Also now the Ifis Bank wants to proceed for a foreclosure of the fifth of my pension, (since my wife perceives the NASPI) I unfortunately for this problem I have already under way a foreclosure of the fifth of the pension by another financial.

My question is this: is it normal everything that happened with AGOS DUCATO, as mentioned above? Can Banca IFIS make me further foreclosure pension?


I think it is useless to investigate the procedures for the transfer of credit taken first by Agos and then by Sunrise srl, since the communications required by law could have been sent via registered letter with notification correctly completed for complete inventory.

Moreover, any procedural defects in the notification to the debtor of the transfer did not elect the debt, but could be raised in court (opposition to injunction) to make more complicated the possible executive action initiated by the creditor.

On the same pension can not insist two foreclosures for credits of the same nature (loans from banks and financial). Now, if, and only if, the attachment that you are already writing is not a simple transfer of the fifth of the pension, then IFIS can not proceed with a further withdrawal of your monthly salary directly from INPS.



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