Closing of the current account on which there is an overdraft of loan and a RID for the payment of mortgage payments
I would like to ask if, in your opinion, it is possible to close a current account in which there is a use of the loan line of 2 thousand and 500 euros and a loan card. In the case I would like to ask if it is possible to pay in installments of the total amount between loan card and loan limit of about 5 thousand euros total.
From the same account the monthly installment of the loan is withdrawn, that you know that I could pay it to the bank (in case you closed the account or if the account was blocked) in other ways, for example from another current account to a bank account?
This is because I would like to skip the mortgage payments.
The customer is granted the right to withdraw from current account contracts at any time, without penalty and without charges, on the basis of the provisions of article 120 bis of the Consolidated Law on Banking (TUB). Naturally, the bank will provide for the recovery of the expenses incurred in relation to additional services requested by the customer on the occasion of withdrawal and any debit balance as well as on the name of the customer in the Central loan Register.
Even the Financial Banking Arbitrator (decision 689/2015) stated that the customer has the right to withdraw from a current account contract at any time, without penalty and without charge, even in the presence of any debit balance (in red) at the time of exercising the related right.
The mortgage repayments can also be paid by bank transfer to the borrowing bank: in any case it is possible, before closing the current account, to switch the mortgage to another bank (provided there is an available institution).
It must be remembered, however, that the bank’s refusal to close the current account is legitimate if the parties have expressly agreed, for example, in the context of a loan agreement, that the transaction must be settled through the current account opened at the bank: with this clause the client substantially waives, until the loan is amortized, to avail itself of the power to withdraw from the contract (decision of the Financial Banking Arbitration 6045/14).