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Borrowing from a private lender when you are registered on the FICP

Borrowing from a private lender when you are registered on the FICP

Being listed on the FICP does not stop you borrowing from a relative or private individual, but it attracts fake lenders: insist on a written contract, refuse any fee paid in advance and check that repayments fit your budget or your debt plan.

What an FICP listing really means

The FICP, the French national register of household credit repayment incidents, is kept by the Banque de France. It records serious arrears and over-indebtedness measures. Banks must consult it, but being listed does not legally forbid you from borrowing.

Listing periods depending on the cause

For a payment incident, the listing lasts at most five years and disappears as soon as the arrears are repaid in full. An agreed plan or measures imposed by the commission can mean up to seven years, reduced to five if all goes smoothly.

Why a private lender cannot check the register

Only credit, payment and electronic money institutions can query the FICP; a private lender has no access to it. Be wary of anyone who promises, for a fee, to check your listing or to get you removed quickly from the register.

Family and friends, the first sensible option

When banks close the door, a parent or friend remains the safest solution, because you know who the lender is. Our page on loans between friends and family explains how to protect the relationship while putting the agreement in writing.

Adverts that target listed borrowers

Phrases such as quick loan even if FICP-listed or no Banque de France check are the classic sign of a loan scam. The fake lender then demands application, insurance or notary fees. Check our list of reported fake private lenders before any exchange.

Ongoing over-indebtedness: be careful with any new debt

If your listing stems from a file lodged with the over-indebtedness commission, taking out a new loan can jeopardise the plan, which often forbids increasing your debt. Ask the commission's secretariat before accepting money, even from a well-meaning relative.

Drafting a sound acknowledgement of debt

Above 1,500 €, the French Civil Code requires written proof of the loan. An acknowledgement of debt signed by the borrower, or a contract signed by both parties, states the amount in figures and words, the term, the schedule and the rate.

Setting a rate without exceeding the usury ceiling

The parties choose the rate freely, including zero. If there is interest, it must stay below the usury threshold published each quarter by the Banque de France. A lender who imposes a high rate on a listed borrower is exploiting their vulnerability.

Declaring the loan for tax above 5,000 €

When loans received from one person exceed 5,000 € over the year, the borrower files formulaire 2062 (French tax form for declaring loans) with the income tax return. The lender declares interest as investment income. See our page on taxation of private loans.

A schedule that leaves enough to live on

A listed person often already has overdue instalments. Before signing, work out what remains after rent, energy and existing debts. State-approved budget advice points and the Mes questions d'argent website offer free tools to draw up this budget.

Using the loan to get off the register

A family loan used to clear credit arrears can speed up removal, since the reporting bank must notify full repayment. Ask for a settlement certificate, then check your status with the Banque de France online or at a branch counter.

Checking your own listing for free

Anyone can find out whether they are listed through the Banque de France online portal, at a branch with identification, or by post. The free statement shows the reporting institution, the type of listing and the date on which it ends.

Process for a private loan when you are FICP-listed

  1. Check your listing free of charge with the Banque de France to learn its exact reason and end date.
  2. If an over-indebtedness plan is under way, ask the commission's view before accepting any new loan.
  3. Turn first to close relatives or an association-backed microloan rather than an online advert.
  4. Draft and sign an acknowledgement of debt or loan contract specifying amount, term, schedule and rate.
  5. Receive the funds only by traceable bank transfer, never in cash or in exchange for an upfront payment.
  6. File form 2062 with your income tax return if the total lent exceeds 5,000 € in the year.

Possible costs of a private loan for a listed borrower

ItemIndicative amountNote
Interest rate between private individualsFree to agree, from 0% up to the usury thresholdThreshold published quarterly by the Banque de France
Checking your FICP listingFreeNo paid intermediary is needed
Registering the deed with the tax officeAbout 125 € (indicative)Optional, gives the deed a certain date
Tax on interest receivedDepends on the lender's tax regimeInvestment income declared by the lender
Fees demanded upfront by a strangerTotal lossSign of fraud, no loan will ever be paid

File to put together when you are listed

Mistakes and warning signs for an FICP-listed borrower

Your questions about private loans and FICP listing

Can a private lender refuse me because I am FICP-listed?

A private individual cannot consult the register, so they will only know your situation if you tell them. Being open is still advisable: a family loan based on full information avoids reproaches and conflict if repayment later becomes difficult.

Does a peer-to-peer loan create a new FICP listing?

No. Only financial institutions report incidents to the Banque de France. Missing a payment to a relative does not lead to a listing, but the lender can start an order for payment procedure in court based on the acknowledgement of debt.

Can I borrow from a relative during my over-indebtedness plan?

It is risky. The plan often forbids increasing your debt, and a breach can cause it to lapse. Explain your need to the secretariat of the Banque de France over-indebtedness commission, which will tell you what to do in your case.

I paid fees to a lender who promised to ignore the FICP: what now?

Stop all payments at once, keep messages and proof of payment, warn your bank to attempt a recall of funds, then file a complaint with the police or gendarmerie. Also report the advert on PHAROS, the Interior Ministry reporting platform.

Useful official sources