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The right to access payment incident files and the FICOM
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How to exercise your right to access payment incident files ?
When facing financial difficulties, terms like ‘blacklisted by the Banque de France’ or ‘banking ban’ can cause concern. Fortunately, the law guarantees your right to access the information held about you in payment incident files maintained by the Banque de France.
In the overseas territories, this right is exercised through IEOM.
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Download the incident file information documentsHow can you access information in the payment incident files ?
You can exercise your right to access payment incident files in two ways :
- By mail by sending a written request to your local IEOM agency. You must complete the appropriate form and include a copy of both sides of a valid photo ID ;
- In person at the office for faster processing. Be sure to bring a valid photo ID (both sides).
Following your request, you will receive a list of incidents recorded in your name and the banking institutions responsible for these reports.
Please note that this right of access is strictly personal. No one else may request access to this information unless they hold a power of attorney.
How to be removed from the various payment incident files ?
There are a number of situations that can lead you to be registered in one of the payment incident files. Each situation has a specific procedure for removal from the register.
Central Cheque Register (fichier central des chèques — FCC)
What are the reasons for being registered in the FCC?
The FCC records payment incidents involving cheques and bank card withdrawals. You can be registered in the FCC, if :
- You have issued one or more bounced cheques ;
- You are subject to a court order prohibiting you from issuing cheques ;
- Your bank card has been withdrawn due to payment incidents.
What are the consequences ?
Registration in the Central Cheque Register has a number of consequences :
- You are banned from writing cheques. Your bank will inform you by a registered letter with acknowledgment of receipt that this ban applies to all your accounts, including those opened with other banks ;
- • You must return all chequebooks in your possession. This prohibition will remain in force until you have regularised your situation and may last up to five years.
How to be removed from the FCC ?
If you have an unpaid cheque
If you have an unpaid cheque, there are several ways to get out of the FCC (Fichier central des chèques) :
- Top up your account : Deposit sufficient funds into your account and ask the payee to present the cheque again. Once it has been debited, inform your bank that the issue has been resolved.
- Pay the payee directly : Settle the payment in cash or by another method, retrieve the unpaid cheque, and return it to your bank as proof of settlement.
- Block the amount with your bank : Deposit the cheque amount at your bank so it can be held for one year. If the cheque is not presented during that time, the blocked amount will be returned to you..
Once your transactions have been regularised, make sure your bank promptly notifies the Banque de France. The bank has 4 business days to do so. If no action is taken, the incident will automatically be removed after five years.
In case of card withdrawal
To be removed from the Central Cheque Register (FCC) following a card withdrawal, follow these steps :
- Contact your bank to discuss how to deal with incidents relating to the use of your card.
- Pay the amount of the incident according to the terms agreed with your bank.
- Ask your bank to report the adjustment to the Banque de France so that you can be removed from the FCC once the incidents have been resolved. Make the request in writing so you have proof of it.
- Confirm with your bank that the regularisation has been properly reported to the Banque de France.
If you do not regularise the situation within the allotted time, you may be placed on the FCC for up to two years. Please note that even if your bank card is withdrawn, you will still be able to write cheques.
National Register of Personal Loan Repayment Incidents (fichier national des incidents de remboursement de crédits aux particuliers — FICP)
What are the reasons for being registered in the FICP ?
The FICP records payment incidents on credit granted to individuals. You may be registered with the FICP for the following reasons :
- You are in arrears with the repayment of a loan ;
- You have filed an application for over-indebtedness and it is currently being examined or final measures have already been taken.
What are the consequences ?
Registration in the FICP can last up to five years – or up to seven years if an overindebtedness commission is involved. Although it does not formally prevent you from applying for new credit, it has a significant impact on your borrowing capacity. Banks and other lenders systematically check the FICP before granting credit. This allows them to assess your creditworthiness – that is, your ability to repay the loan.
How can I be removed from the FICP?
In case of late repayment of a loan
You can be removed from the FICP if you are late in repaying a loan :
- You must pay all amounts due. This includes :
- The principal amount of the payment incident that led to your registration.
- Any subsequent payment incident relating to the same loan.
- The interest and penalties specified in the credit agreement.
- Ask to be removed from the FICP , once all outstanding debts have been repaid. Your credit institution must then inform the Banque de France that your situation has been regularised. The bank will then remove you from the register. Your bank must do this within 4 working days. This period is extended to 7 working days when a credit incident is settled through by a bailiff or debt collection agency.
Please note that the costs incurred by the bank in order to obtain repayment (legal proceedings, sending letters, reminders, etc.) are not considered as amounts due under the credit agreement. They do not have to be paid in order to be removed from the FICP.
If the event of referral to an over-indebtedness commission
Pour sortir du FICP, vous avez deux options :
- Repay the amounts owed : You can repay your debts in full to your creditors at any time if your financial situation allows. Then, ask your creditors to provide you with payment certificates. Submit these documents to IEOM as proof that your debts have been settled. This will allow IEOM to proceed with your removal from the register.
- Automatic removal after expiry :Your registration in the FICP may be automatically deleted after five years. The only condition: no new payment incident must be reported during the first five years of your agreed repayment plan or imposed measure.
The National file for irregular cheques (fichier national des chèques irréguliers — FNCI)
What are the reasons for being registered in the FNCI ?
The FNCI is a register designed to combat cheque fraud.
It helps detect the use of fraudulent cheques by centralising the following banking information :
- Accounts subject to a banking ban ;
- Accounts subject to a stop payment order for lost or stolen cheques ;
- Accounts linked to counterfeit cheques.
What are the consequences ?
Merchants subscribed to the FNCI/VERIFIANCE service consult this file to verify the validity of cheques presented as payment for goods or services. Although they do not have access to any personal data, the information obtained allows them to decide whether to accept the cheque or request payment by another method (e.g. card or cash).
How to correct inaccurate information ?
If you discover that information concerning you are inaccurate in a payment incident file, it is essential to have it corrected. Errors may relate to your identity (e.g. name or surname), incorrect amounts, or dates that do not reflect reality.
To rectify this information, you must contact the institution that reported the incident. Provide supporting evidence – such as bank statements or official letters – to support your request. If needed, IEOM can assist you with this process.
Are you registered for events for which you are not responsible ?
If you are wrongfully listed in a payment incident file – due to identity theft or fraud, for example – it is crucial to act quickly. Here are the steps to follow :
1 File a police report : Inform the local authorities (police or gendarmerie) of the identity theft. In French Polynesia and New Caledonia, you can also file a preliminary report online
2 Inform your banks : Notify all your banking institutions so they can take action to secure your accounts.
3 Check your accounts : Request from the CNIL a list of all accounts opened in your name by consulting the FICOM. This will help you identify any fraudulent accounts.
4 Report the incident : Contact IEOM immediately to report the issue. They will guide you through the necessary steps to resolve the situation.
In other cases, you can contact IEOM office in your area to report the incident. It will be able to advise you on the steps to take.
Disagree with your bank’s decision ?
IEOM only records listings in the context of an overindebtedness procedure. All other banking incidents are the responsibility of the reporting bank.
If you are in dispute with your bank, here are the steps you can take :
- Contact your bank : Reach out directly to the bank that reported the incident. Try to resolve the issue with their complaints department.
- Contact the banking mediator : If the issue is not resolved, you can contact the banking mediator. Their contact details can be found on your bank statements or on the bank’s website.
- Legal action : If mediation is unsuccessful, you may take the matter to court at any time.
The special case of the Overseas Accounts File (Fichier des comptes d’outre-mer — FICOM)
What is FICOM and what are its missions ?
The FICOM is a file managed by IEDOM and IEOM, which are mandated by the State to centralise information on bank accounts opened in Saint-Barthélemy, Saint Martin, Saint-Pierre-et-Miquelon, French Polynesia, New Caledonia and Wallis and Futuna. FICOM, the equivalent of the FICOBA file used in mainland France, centralises the opening, closing or modification of accounts on which cheques can be drawn, the opening and closing of regulated savings products and the opening, closing or modification of safe-deposit box rentals. Banks in these areas are required to send this information to IEDOM.
FICOM’s other tasks
- FNCI registration : The FNCI is responsible for registering in the National Register of Irregular Cheques (fichier national des chèques irréguliers — FNCI) the accounts of persons who have been banned from writing cheques by a bank or a court.
- Implementation of bank bans : It ensures that the ban on writing cheques applies to all accounts held by the individuals concerned (multi-account bans).
Who can access FICOM ?
The file is accessible to the following natural persons :
- The account holder : the person whose name appears on the account has the right of access.
- The curator or guardian : these legal representatives can access the information if the account holder is under guardianship or curatorship.
- An heir : in the case of an inheritance, the heirs may consult the deceased’s account file.
Other persons and entities authorised by law have access to FICOM :
- Tax authorities, public accountants and public finance officers : for tax audit and collection purposes.
- Judicial police officers : in the context of investigations.
- Customs officials.
- Certain judges : for reasons related to their judicial function.
- Notaries : for the administration of estates.
- ‘Commissaires de justice’ : formerly known as bailiffs and auctioneers – in the performance of their statutory duties.
- Requests submitted by a pension fund, social security, supplementary pension scheme or any other benefit-paying organisation (CAF, MSA, etc.) : for investigations relating to benefit entitlements..
- Courts and judicial representatives in procedure concerning companies in difficulty.
How can I consult FICOM ?
To exercise your right of access to personal data registered in FICOM :
- Contact your local IEDOM office or the head office of the Institute (115 rue Réaumur, 75002 Paris).
- Send an e-mail to : requisitions-ficom@iedom-ieom.fr.
- Apply by post or in person at your local IEOM branch, enclosing a photocopy of an identity document bearing your signature.
If you find any inaccuracies in the data, contact the bank managing the account to have them corrected.
If you wish to speak to someone or send an e-mail, contact the IEOM office in your area, which will provide you with information :
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