The written request resulted in many telephone conversations, the content of which, obviously I cannot prove.
Cross Border small claim
Collapse
Loading...
X
-
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.
Comment
-
Originally posted by Tinkerbelle View PostI 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'?
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.
- 1 thank
Comment
-
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.
- 1 thank
Comment
View our Terms and Conditions
LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.
If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.
If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
Announcement
Collapse
1 of 2
<
>
SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
2 of 2
<
>
Support LegalBeagles
See more
See less
Court Claim ?
Guides and LettersSHORTCUTS
Pre-Action Letters
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Witness Statements
Directions Questionnaire
Statute Barred Letter
Voluntary Termination: Letter Templates
A guide to voluntary termination: Your rights
Loading...
Loading...
Comment