According to the jurisprudence, it is possible to default on your loan when the bank made a mistake in releasing the money, especially if the contract is not in accordance with the law. But there are conditions and it is not systematic.
It is not because the bank made a mistake in providing a work loan that they have to bear the consequences of their bad result. The Court of Cassation therefore decided that if the contract was not in accordance with the Consumer Code, which the bank should have seen, this does not make it liable for poor quality work already done.
The case again concerned a private facility for the production of electricity using photovoltaic panels. After the installation was completed, the individual obtained a loan from his banker for the amount of the invoice. Three years later, however, he concluded that the promised return had not been achieved, and took legal action to cancel the work contract and subsequently the loan contract.
Since the contract for the work did not meet all the requirements for a contract signed after the acquisition, he argued that the bank should have noticed and refused to finance the installation. In the end, he refused to pay.
The work has been completed
This reasoning has often been accepted by jurisprudence. The obligation to repay in the event of cancellation of the main contract for the work can be canceled if the bank has committed an error by releasing money after viewing a contract that does not comply with consumer protection laws or without verifying the correctness of the contract. execution of the work, or when the work was not completed or did not correspond to the contract, was often decided by the court of cassation.
But this time the job was completed when the banker was contacted and the consumer said he was satisfied. It is therefore not certain, the judges said, that the bank can be held responsible for defaults that subsequently occurred. The connection between his fault and the damage in such a case is not certain.
In October 2020, the Court of Cassation decided that in order for the consumer to blame the banker and not refund his money, he must not be responsible for the problem himself.
(Cass. CIv 1, 27.9.2023, J 22-15.575).