You can dispute a claim for repayment where, for example, no loan was ever agreed, the amount has already been paid, the balance is incorrect or repayment is not yet due. A good defence identifies the specific error and is supported by documents. Simply stating that you do not want to pay, or cannot pay, generally does not cancel a valid debt.
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A claim may come from a bank, a lender, a family member, an ex-partner or a debt collection agency. Sometimes a gift is presented as a loan after the event. Sometimes the loan does exist, but repayments are ignored or the entire outstanding balance is called in without a clear basis.
This blog deals with the position of the borrower or the person being pursued for payment. You will read which elements to check, how evidence is built up and what to do when you receive a formal demand or a summons. If you are the one who lent the money, you will find the other side of the dispute in reclaiming money lent without a contract.
Start by establishing exactly what is being claimed from you
Read the letter in full and distinguish between the principal sum, interest, costs and any penalties. Note who is demanding payment, on whose behalf they are acting and which agreement is referred to. A debt collection agency may act on behalf of the original lender, but a claim may also have been assigned to a new creditor.
Then check the deadline and the measure being announced. An ordinary formal demand, a summons and a notice from a bailiff do not have the same meaning. Put all documents in date order and also keep envelopes and email details. If you are unsure whether proceedings are already under way, that question deserves immediate attention.
Request the missing documents in a targeted way: the agreement, proof that the money was advanced, any amendments, a statement of the balance and the ground on which repayment is being demanded. A request for information does not automatically extend a time limit for responding. If you need more time, expressly ask for confirmation of that and keep an eye on the original deadline.
Defence 1: no loan was agreed
A payment proves that money was transferred, but not in every situation that it had to be repaid. The recipient may argue that it was a gift, a contribution to shared expenses or some other arrangement. The party relying on an obligation to repay must adequately substantiate its assertions and, where necessary, prove them.
This does not mean that a loan can only be shown with a signed contract. Messages, payment descriptions, partial repayments and witnesses may also be relevant. A bare denial may be insufficient where the other party produces a coherent file.
So describe what, in your view, actually was agreed and why. Use messages from the period around the payment, not only statements made after the dispute arose. Where family relationships are involved, our blog on a family loan or a gift will help. For payments within a relationship, reclaiming money from an ex-partner is also relevant.
Defence 2: the wrong person is being pursued
Perhaps it was not you personally but a private limited company (bv) that took out the loan. Or perhaps you only helped to put the lender and the borrower in touch. The fact that you sent a message or were present at a meeting does not automatically make you the debtor.
Check in what capacity you signed. A director can sign on behalf of a company without also borrowing personally. On the other hand, a separate guarantee or a joint and several obligation can give rise to personal liability. The wording and the circumstances must be read together.
When disputing the claim, enclose the relevant clause of the contract and the identifying details of the correct party. Avoid a response that unintentionally acknowledges a personal debt after all. If the dispute concerns a guarantee, additional rules apply. For that, read guaranteeing a loan: being called upon as guarantor.
Defence 3: the loan has been repaid in full or in part
If you rely on payment, you must be able to substantiate that payment. Look for bank statements, receipts and messages in which the lender acknowledges the amount received. State the date, amount and purpose of each payment. Your own list is useful, but it does not replace the underlying documents.
Evidence is often harder to provide where repayment was made in cash. A receipt, a message sent immediately after the handover or a witness may then be significant. Describe the circumstances carefully. A general statement that you regularly paid in cash does not in itself make the balance verifiable.
Also pay attention to how payments were allocated. An amount may have been intended for interest, costs or a different debt. Look into what was agreed and which payment reference was used. The general rule of evidence is set out in Article 150 of the Dutch Code of Civil Procedure (Rv). Anyone relying on a payment that discharged the debt must generally support that defence with evidence themselves.
Defence 4: repayment is not yet due
A loan may exist while the agreed repayment date has not yet been reached. Check the end date, the instalments and any conditions. A falling-out or the lender’s unexpected need for money does not automatically change the agreed term.
If the lender relies on early repayment being called in, ask which provision applies and which event triggers that provision. Sometimes a warning or a period to remedy the default is required first. Sometimes only one instalment has fallen due and the entire principal is not yet payable.
Where no repayment date was agreed, Article 7:129e of the Dutch Civil Code (BW) may be relevant, the starting point being repayment within six weeks of the demand for repayment, unless another time was agreed. For older contracts or special arrangements, the applicable rules must be checked. The statutory text can be found in Title 2c of Book 7 of the Dutch Civil Code.
Defence 5: the balance, interest or costs are incorrect
It can be sensible to acknowledge the loan itself and dispute only an incorrect element. For example, where you borrowed €8,000 and still have €3,000 to repay, while the formal demand states €5,500 without any calculation. A targeted challenge makes the real dispute visible.
Ask for a breakdown of the amounts advanced, repayments, interest rates and costs. Check which period each interest item relates to and whether the costs have a valid legal basis. An incorrect cost item does not automatically cancel the principal, but it can reduce the total amount claimed.
Draw up your own statement of the balance and explain the discrepancy line by line. See our blog on unjustified interest and costs on a loan for a systematic check. Avoid a response that merely says the amount is too high; state which amount, according to your records, is still outstanding and why.
Defence 6: the claim may be time-barred
Limitation can be a useful defence, but it requires a timeline. Relevant factors include the moment from which payment could be demanded, the agreed due date and later acts that may have interrupted the limitation period. The age of the original transfer alone is not decisive.
A period of five years often applies to the performance of a contractual obligation that has fallen due, but special rules exist where the repayment date is indefinite and for other legal grounds. A timely written interruption of the limitation period, legal proceedings or an acknowledgement may affect how the period runs.
In a civil dispute, limitation is not simply applied in your favour automatically. Have someone assess how the defence should be invoked. In the meantime, do not sign an acknowledgement of debt without reading it. The specific points to watch are set out in limitation of a private loan.
Defence 7: a settlement or waiver was agreed
An original loan may have been amended later. Perhaps a lower amount was paid in full and final settlement, part of the debt was waived or a new repayment arrangement was agreed. Collect the messages and documents in which that arrangement was recorded.
Pay attention to conditions. A waiver may have been made conditional on timely payment of an agreed amount. If that condition has not been met, the outcome may be different from what you expect. A full and final settlement may also be limited to one part of a broader financial relationship.
A remark such as “let’s leave it for now” is not automatically a definitive waiver. Context and subsequent conduct also count. In your defence, therefore, explain which arrangement you mean, when it came about and how the parties acted afterwards. Clearly distinguish a deferral of payment from the extinction of the debt.
May you set off money that you are still owed?
A counterclaim may, subject to conditions, be set off against a debt. Relevant factors include the mutuality of the parties and the nature and due date of the claims. A contract may contain restrictions. The fact that you are owed money by a group company or partner of the lender is not automatically sufficient.
Substantiate the counterclaim as if it were being assessed on its own. Enclose the agreement, invoice, calculation of loss or other evidence. An unsubstantiated damages claim cannot simply neutralise a clear claim under a loan.
The rules can be found in, among other places, Article 6:127 of the Dutch Civil Code and the following articles. With complex or disputed counterclaims, it must also be assessed how set-off works in legal proceedings. Sometimes a separate counterclaim is needed to put the entire dispute before the court.
What if a debt collection agency or a new creditor demands payment?
Ask in what capacity the sender is acting. Are they acting on behalf of the original lender, or has the claim been assigned? Ask for enough information to verify their authority and the balance. You do not have to assume that every item listed is correct merely on the basis of an unfamiliar company name.
An assignment does not make the original agreement and the payments already made irrelevant. Existing defences may, under the applicable rules, remain relevant against a new creditor as well. The precise options, particularly with regard to set-off, must be assessed separately.
Do not casually pay to a changed account number without verifying the sender. If in doubt, you can check what has happened through a contact channel you know. At the same time, keep responding on the substance of a serious claim. Merely doubting the sender without addressing the verification requested will not resolve a debt that genuinely exists.
A practical structure for your first response
A first response contains four elements: identification of the claim, your specific grounds for disputing it, supporting documents and a clear request. Keep the tone businesslike. Unsubstantiated accusations of fraud or deception usually do not help in the assessment of a civil claim under a loan.
An example where payments are missing: “You are claiming repayment of the loan of [date]. In my view, your balance does not take account of the payments of [dates and amounts]. The proofs of payment are enclosed. I request that you correct the balance and the interest based on it and send me a full breakdown. To the extent that you claim more than the correctly calculated balance, I dispute your claim.”
Adapt the text to your actual situation. Do not write that you acknowledge the loan if it is precisely its existence that you dispute. If time is short, explicitly ask whether further measures will be put on hold. Without confirmation, you may not assume that a letter on the substance puts the procedure on hold.
What should you do if you receive a summons?
A summons requires more than another email to the debt collection agency. Check the court named, the date and the manner in which you must respond or appear. Whether a lawyer is mandatory depends on the type of proceedings. An ordinary payment reminder and an official court document have different consequences.
If you do not respond in the correct manner, a decision may be given without your defence on the merits being heard. So gather the documents immediately and have your procedural position assessed. If there is already a judgment or an enforceable notarial deed, it must be examined which legal remedies or defences are still available and within what time limit.
A procedural time limit is not automatically extended because you are ill, are negotiating or are waiting for documents. Make any time pressure known immediately when you seek legal help. The aim is first to safeguard your opportunity to put forward a defence and then to work out the substantive file in full.
Being unable to pay is a different question from not having to pay
If the loan and the balance are correct, a payment arrangement may be the appropriate route. In that case, give a realistic picture of your income, fixed expenses and other obligations. A proposal that you cannot keep to increases the risk of a new conflict.
You can dispute part of the claim and at the same time discuss an arrangement for an undisputed part. Record that distinction clearly. Make sure that a new agreement does not contain an unintended acknowledgement of all the disputed costs or a waiver of existing defences.
If several debts are involved, broader debt assistance may be needed alongside the legal assessment of this loan. This is particularly relevant where an arrangement with one creditor makes the rest of your budget unsustainable. A substantive defence and a solution to payment problems serve different purposes, but they can be prepared side by side.
Practical example: an ex-partner reclaims an old amount
An ex-partner asks for repayment of €12,000 that was transferred while you were living together. You argue that €5,000 was for a shared holiday and household expenses and that €7,000 was lent for a car. Of that last amount, you have already repaid €3,000.
The right response is then not necessarily to deny that any money was ever received. The file must show the separate payments, purposes and arrangements. Messages about the holiday may explain one item, while proofs of payment support the remaining balance of the car loan.
This fictitious example shows that a single overall claim may involve several legal questions. A breakdown prevents contributions, gifts and loans from wrongly being treated in the same way. Additional points apply to investments in a home; see money invested in your partner’s home.
Is a claim being made against you? Read how we conduct the defence in loan disputes.
Frequently asked questions about disputing a loan
Can I deny a loan because there is no contract?
The absence of a signed contract does not mean that a loan cannot be proven. Other documents and conduct may be relevant. A defence must reflect what was actually agreed.
Who has to prove that I have already paid?
Anyone relying on a payment that discharged the debt must generally substantiate it and, where necessary, prove it. Keep bank statements, receipts and confirmations from the lender, and make sure payments can be traced back to the loan.
Do I have to respond if the amount is completely wrong?
A timely, specific response is advisable. Particularly with a summons, you must follow the prescribed procedural steps. The fact that you consider the claim incorrect does not in itself prevent a decision being given if no defence is filed.
Can I dispute only the interest and costs?
Yes. Make clear which part you acknowledge and which part you dispute. Enclose your own calculation. A dispute about additional items does not have to mean that the principal is also in question.
Does a complaint suspend my payment deadline?
Not automatically. Suspension requires a legal ground or an agreement with the creditor. Ask explicitly how payments and measures will be dealt with while the complaint is being investigated.
Can a lawyer also help if I do owe part of the amount?
Yes. The assessment may concern the correct amount, whether it is due, the costs and a suitable arrangement. Having the claim rejected in full is not the only possible outcome of legal help.
Having your repayment claim assessed
Have you received a formal demand or a summons concerning a loan that you believe is incorrect? Send the claim, the agreement and the proofs of payment when you contact Arslan & Arslan Advocaten. Mention any court dates straight away. That way, it can first be established which action is needed in time, and then which defence the facts support.
Written by Onur Arslan, attorney at Arslan Advocaten, responsible within the firm for the financial practice: credit registrations, loans and disputes with lenders. Registered in the specialisation register of the Netherlands Bar for employment law and personal injury. Substantively reviewed on 12 September 2026 against the statutory text on wetten.overheid.nl and the cited judgments on rechtspraak.nl.
