RSS

The Second Judgement

10 Feb

Throughout 2009, family and I concentrated on pet/house sitting, moving around France with very few breaks whereby we would have needed to return to living in the tent for long periods. We maintained contact with Alexandra, the avocat who had taken on Julia’s case-load whilst that lovely woman fought for her life with her family constantly by her side. During our initial telephone ‘meeting’, Alexandra laughed when I explained to her that I could not guarantee picking up my emails on a set day. She just did not believe that we were living in a tent between ‘sits’.

I’m fairly certain that, at that point, Alexandra considered me to be, either, paranoid, or, totally up the wall! But, she had spoken with Julia before our second telephone ‘meeting’, and Alexandra commenced the call with these words, “I am so very sorry, Christine, I thought you were joking. Julia has explained to me about how you and your family must live until we win the judgement you need.”

Several weeks after that second telephone conversation, we received a credit from the avocats’ offices in Toulouse, we were no longer required to pay the last facture that was sent to us by Monsieur MA before he was dismissed by Julia.

Justice!

However, we did need to find a further payment for the Avoué (barrister). In French law, the presenting avocat must have a Cabinet, or Practice, within the Department where the Case will be heard. Our Case was being heard in Department 15, ie the Cantal. Due to the fact that we could not find an avocat in the Cantal who could speak English, indeed, we were advised by our local l’Huissier (Court Bailiff) that an English-speaking avocat did not exist in the Cantal, we had to look further afield right from the onset. Hence, we had found Julia’s Cabinet in Toulouse in the Haute-Garonne (31), via the Internet, and we were required to fund the cost of an Avoué to present our Case in the Cantal, every time it was heard.

A Case may only need to be heard once by the justices, but, as it was with our Case, the justices required to hear sections of the Case on different days, three days in total! The set-up can add thousands of euros to the costs of the Case, and Monsieur MA should have explained that to us when we first made contact with him. He didn’t do that, but, at the end of the day, it would not have made any difference if he had told us we would be paying for two avocats. I have clarified the processes in the event of anybody else needing to know. It can present as a rather large shock if the set-up comes as a surprise!

Two weeks before Christmas 2009, Alexandra and I spoke on the telephone for the last time prior to our Appeal hearing date, everything was ready. The sellers’ avocat had apparently attempted to stall for more time, but the Court had rejected that request. Alexandra confirmed that Julia had worked very hard on putting all the evidence together, in order that the Judge would see at virtually a glance that we had overwhelming evidence to prove the sellers’ fraud. Alexandra was upbeat, she was confident, we relaxed a little and started to look forward to Christmas.

Late in the afternoon, on 18th December 2009, Alexandra telephoned us, we were pet/house sitting for good friends, Diane and Brian, near Les Eyzies in the Dordogne. Alexandra was audibly shocked and angry, but she told us without hesitation, the sellers’ fraud had been recognised by the Tribunal, the Judge had called Monsieur and Madame T “arrogant”, but our Appeal had been rejected.

Advertisements
 

Tags: , , , , , , , , , , , , ,

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

 
%d bloggers like this: