Cross Border small claim

[Tinkerbelle]

The written request resulted in many telephone conversations, the content of which, obviously I cannot prove.

[des8]

To approach the problem from a slightly different angle.

You reckon you have been ignored because the debtor doesn't think there is anything you will do.
You could send him a letter before action, warning him that you will initiate court action using the cross border procedures.
If he sees their is a "simple" procedure available, and you are prepared to use it, he may change his attitude.

[2222]

I have a written request from the debtor asking me to lend money, although I ended up transferring less than requested, as it was all I could manage. Would that be sufficient to prove it wasn't a 'gift'?

I would expect you to win your court case. If there were some good reason why the money was not due back to you, I'd have expected the debtor to protest volubly when you asked for it back. As it is, I gather that he's just kept silent. I can't see him defending the court case.

However, it's one thing to get a court judgment, and quite another to get the money out of the debtor. To get the judgment will cost you a few hundred pounds in UK court fees, assuming you represent yourself. But that's just the tip of the iceberg. As you can see from an earlier link, you'll need to hire a French lawyer to represent you in local enforcement proceedings, then French bailiffs. "The procedure will typically take six months to a year." And goodness knows how much it will cost you. With no guarantee at all of extracting any money out of the debtor.

Basically, unless you know for sure that the debtor is good for the amount owed, plus costs, it's one helluva gamble.

[Tinkerbelle]

Thanks for the further responses: I gave notice a couple of weeks ago that I would use the Cross border Court procedures, no response. And, they are good for the money, both with cash reserves, and a new business. I'm going to start the procedure this week, once I've found details of the fees, and will take it from there.

[des8]

good luck with your claim, and if you could let us know how it goes it might be useful to others.