Advance apologies for a slightly lengthy post.
Some of you may have seen in the ‘Good News’ thread that I have had the interesting - and unusual -experience of a French company, unsolicited, waiving considerable amounts due to it, citing French consumer law. I thought it might be useful to look into what the law apparently says, in case this helps others in future.
Brief background. I bought a 2nd hand Renault Zoe (an EV) in 2022, from a major Renault garage. However Renault’s previous policy was to lease the EVs battery (apparently to make the car more affordable), so we signed a contract to make monthly payments for it. Bizarrely, despite numerous reminders, the garage has never invoiced me.
3 years on, they’ve suddenly realised the problem, and contacted me (and clearly several others) to discuss resolving the situation. The Director of the garage said up front that even if he wanted to invoice me now, (he doesn’t!) he can’t under French consumer law.
Based on some internet/AI research, here is its summary of the relevant law…I would obviously defer to anyone with actual legal knowledge of the area.
"Statute of Limitations for Unpaid Invoices
The legal term is délai de prescription, and it sets a time limit for creditors to take legal action to recover unpaid debts.
- Business-to-Consumer (B2C):
If you leased the EV battery as an individual (not as a business), the statute of limitations is 2 years from the due date of each invoice.
After this period, the creditor loses the right to legally enforce payment—even if the debt is real.
- Business-to-Business (B2B):
If the contract was between two businesses, the limitation period is 5 years.
When Does the Clock Start?
- The countdown begins from the due date stated on the invoice (or when the payment was contractually expected).
- If no invoice was ever issued, courts may consider the date of service delivery or contract execution.
What If They Never Invoiced You?
Even if you reminded them, the burden was on the organisation to issue invoices and pursue payment within the legal timeframe. Their failure to do so means they likely forfeited their right to claim those amounts.
So What Does This Mean for You?
If you’re a private individual and more than 2 years have passed since the amounts became due, then yes—under French law, they cannot legally recover those past payments. You’re not obligated to pay them."
The garage has in fact waived all past amounts due, including ones for the last year or so that it probably could collect. Amounts waived are just under €4,000.
