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T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1370
Experience:  8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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I own a house in France access to which is via an alley ( impasse)

Resolved Question:

I own a house in France access to which is via an alley ( impasse) which has other buildings on each side. In 2007 the owner of one of the neighbouring properties wanted to convert her property into appartments and as part of that work she wished to improve the drainage and guttering along the impasse. She asked if I would be willing to share the cost of this work since I would also benefit from the improvements. I agreed to her suggestion and the amount of my share was approximately 3,600 euros. To the best of my knowledge and recollection however, no time period was fixed for the payment of this amount.

I was living in England at that time and, for a number of reasons, I experienced severe financial problems soon after making the agreement referred to above and was unable to pay the 3,600. I made a payment of 1,000 euros in 2009 but subsequently did not make any payments until this year.

In April this year I wrote to the lady in question apologising for the lack of payment and stating that I wished to pay the remaining part of my share of the work. I offered to pay by monthly installments and since then I have been making a monthly payment of €100 which is what I can afford at the moment, although I will be able to increase the monthly payment in 2014. My cheques have all been cashed and accepted by the lady in question.

However the lady in question is demanding immediate payment of the entire amount still due, ( some 1900 euro) plus payment of the annual interest on the loan she took out to pay for the original work. The interest claimed amounts to some 150 euros per year since 2008 making a total of some 3,300 euros.
She is also claiming sundry costs for postage and 'frais divers' and, if payment is not forthcoming in 20 days, is threatening legal action, the cost of which she says will be charged to me as well.

Whilst not wishing to excuse the lack of payment earlier I would now like to ask the following:
Am I liable to pay for the interest that is being claimed?
Does the fact that my monthly payments since April have been accepted constitute a tacit agreement to this form of payment.
Am I liable for any legal cost incurred by the lady in the event she decides to take legal action?
What are my legal obligations seeing that no time period for payment was made in the first instance?
Thank you
Submitted: 1 year ago.
Category: French Law
Expert:  Fran-mod replied 1 year ago.
I'm Fran, and I’m a moderator for this topic.

We have been working with the professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit. I was checking to see if you had already found your answer or if you still needing assistance from one of the professionals.

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Customer: replied 1 year ago.

Hi and thanks for your message.


 


No I haven't found the answer to my questions and I would still like some assistance please.


 


Thanks in advance

Expert:  Fran-mod replied 1 year ago.

Thank you. We will continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.
Expert:  T Perrin C replied 1 year ago.
Interest is legally due on all unauthorized unpaid debt.
If the lady takes legal action, and wins, which may be the case based on the facts above, you will most likely be condemned to pay her legal costs.
In this case, the payments will be supposed to have been made within the legal payment terms: 45 days at the latest after completion of all works.
Accepting your monthly payments could be argued to constitute a tacit agreement but it is an position a court of law will probably reject. Considering the extreme lateness of your payments, the creditor can easily and rightfully claim that she took whatever she could obtain from you.
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1370
Experience: 8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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