On the 24 April 2013, Tom and I posted a letter to the ECHR, Strasbourg, politely requesting the return of our house Case file. We need to send the file to the EUCJ with our application for that Court’s consideration of the facts, as follows in chronological order:
We lost our first Tribunal in Aurillac in 2008 because our first avocat failed to collate the main evidence for presentation to the justices. That avocat was dismissed by his boss on grounds of his ‘incompetences’.
We lost our Appeal in Riom in 2009, despite the Court ‘recognising the fraud and arrogance’ of our sellers and despite the notaire having her ‘wrists slapped’ for her incompetence. The justices decided there was no French law that they could use to find in our favour; the justices decided the notaire was ‘young and inexperienced’.
In July 2010, the Cour de Cassation Bureau d’Aide decided we would not be granted Legal Aid because (they said) we had not given them the necessary evidence of our financial means. Lies – we sent copies of everything we had to the Cour de Cassation Bureau d’Aide, plus copies of the same evidence to the ECHR. On each occasion, we received the LRAR receipt to show our mail had been received by the intended recipients. But, when challenged by us, a Cour de Cassation Bureau d’Aide clerk commented that the envelopes might have been delivered, but it was not proof that they contained anything!
There are major facts for the EUCJ to consider with regard to the latter point, ie we were not informed by our (third) avocat, nor by our ‘specialist’ Cour de Cassation avocat, nor by the Cour de Cassation Bureau d’Aide that our application for Legal Aid had been finally rejected!
In February 2013, the ECHR passed Judgement that we had failed to send necessary documentation to the Cour de Cassation Bureau d’Aide. What!
The ECHR made no Judgement whatever regarding our complaint that our human rights have been persistently breached throughout the years from 2007 to date.
On 24 April 2013, Tom and I sent a letter (LRAR, of course!) to the ECHR requesting the return of our house Case file. We had been advised by SOLVIT that our Case can be considered by the EUCJ on grounds outlined above. However, there is a time limit and, to date, we have not received our file from the ECHR. In fact, the ECHR has not yet even acknowledged receiving our letter!
According to a staunchly Christian late great-aunt of mine, patience is one of the seven heavenly virtues that balance the scales alongside the seven deadly sins. Well, we consider that we have been patient for nearly six long, very difficult years and we are taking our lead from a favourite author of mine, Laurell K Hamilton.
“Patience is a virtue, but there comes a moment when you must stop being patient and take the day by the throat and shake it. If it fights back; fine. I’d rather end up bloody at the end of the day, than unhurt with no progress made, no knowledge gained. I’d rather have a no, then nothing. I’d forgotten that about myself.”
Today, we will be posting a brief, probably rather terse, reminder to the ECHR demanding (yep, demanding!) that they return our house Case file to us by no later than 10 June 2013. If we don’t receive that file before or on 10 June 2013, we will approach the EUCJ without the file, but with an additional complaint.
Blimey, we’re getting brave!