How can the balance and excerpt guarantee “savings” to those who use it for their debts? Who can really take advantage of it and what is the procedure to follow?
Before answering these questions, one must keep in mind a very firm point: both individuals and companies can seek an agreement that uses the balance and excerpt method, which however does not constitute a “right” in the strict sense. In fact, the banks and financial companies consulted have total freedom in deciding whether to grant this possibility or reject it and perhaps follow the procedure of debt collection procedures.
When can it be used?
There must be two very important basic requirements, namely:
- the existence of a condition of impossibility to follow the repayment plan agreed with the bank or the financial company;
- the opportunity to prove it.
If these hypotheses occur, the debtor can make a proposal of balance and excerpt to his “creditor”, in which he must add all the necessary evidence, and clearly indicate the amount that he would be willing to pay to close his debts completely. Obviously the creditor is not obliged to consider this proposal, but if he does so he must sign at the time of payment, a release on the basis of which he has nothing to claim.
How much do you save?
There are no fixed indications, but generally it ranges from a minimum of 30% savings up to a 70-75%. Banks are unlikely to accept these proposals for small amounts, but become more open when they are faced with bad debts of a certain amount (for this reason they are used more frequently for the mortgage or by companies).
Advantages and disadvantages
For the creditor, the greatest advantage is represented by being able to close his debt position in full by paying a lower amount than that due. Disadvantages include:
- the fact that it is not foreseen with Qualtalia;
- as a rule, “installment” proposals are not accepted but the procedure is “on balance” (therefore the entire amount that is proposed at the expiry date indicated in the agreement must be paid, while if this does not happen, the benefit will lapse ).
Examples of consultancy for balance and excerpt
On the web it is possible to contact several companies that offer consultancy services regarding the balance and excerpt procedure such as:
Consulting company based in Brescia, composed of a team of lawyers, consultants, tax specialists and specialists in the management of debt situations. They operate throughout the national territory. It is possible to request a first telephone consultation, simply by filling in the online form on the official website;
Company specialized in the application of the legislation envisaged for over-indebtedness, or the law 3/2012. Again, consultancy services are offered throughout Italy thanks to a dense network of professionals operating in practically all regions. You can get in touch with this company by filling out the form on the official website.