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Ok, So Patience Is A Virtue!

23 May

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’.

Patience!

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’.

Patience!

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!

Patience! 

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!

Patience! 

The ECHR made no Judgement whatever regarding our complaint that our human rights have been persistently breached throughout the years from 2007 to date.

Patience!

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!

Patience!

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!

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25 Comments

Posted by on May 23, 2013 in World

 

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25 responses to “Ok, So Patience Is A Virtue!

  1. Tracey Vincent

    May 23, 2013 at 1:41 pm

    I think you have been patient for long enough. Yes, patience is a virtue, but there comes a time when enough is enough and things need to get done!

     
    • hobosinfrance

      May 23, 2013 at 5:06 pm

      Hi Tracey, our sentiments exactly! We have come to the conclusion that a friend of ours – a French lady who lives in the village where our house is located – was spot on at the beginning of our saga. She said, ‘You must do as the French do, jump up and down until somebody listens and does something about the problem.’ So, we have now taken that on board – we’re jumping up and down! Thank you for your continued support, Tracey, especially at this time when you have your own family worries to contend with. Bless you, much love from me and menfolk. xxxx

       
  2. Tracy Campbell

    May 23, 2013 at 2:09 pm

    I have been following your plight for some time and your ability to carry on has never failed to amaze me. You have such courage. I wish you all the luck in the world and if you don’t already then you should start buying a lottery ticket because your patience and bravery must surely be rewarded soon. Everything crossed for you. x

     
    • hobosinfrance

      May 23, 2013 at 5:18 pm

      Hello Tracy, thank you very much for your very supportive input and for following my blog. I think many people are wondering if we are mad or just plain determined – the latter applies, honestly! Tom buys lottery tickets every week for the French and Euro lotteries, he very often wins a couple of euros here and three or four euros there, but the ‘big one’ eludes him, love his heart! However, he never gives up – just as we will never give up with the house Case, not until we have literally pursued every available avenue. So, I guess it’s very possible that we won’t see an end to this chapter in our lives for at least one more year. Please, continue to watch this space! Warmest regards from me and my menfolk. xx

       
  3. Sarah

    May 23, 2013 at 2:30 pm

    You have been shamefully treated. I’m glad to see you’re getting menacing!

     
    • hobosinfrance

      May 23, 2013 at 5:23 pm

      ROFL! Thank you, Sarah, always there for us. xx Tom reckons I have come out of retirement and am now wearing my ‘school ma’am’ face! That sounds about right, it will hopefully work as well with the Europe-wide judicial sector as it worked with my pupils – they always came around to my way of thinking in the end! 😉 xxxx

       
  4. Shelley Ball

    May 23, 2013 at 2:34 pm

    You go girl! Good on ya!! xx

     
    • hobosinfrance

      May 23, 2013 at 5:36 pm

      Hiya Shelley. 🙂 Well, you know us better than most, we never say die, lol! We’re as sick as parrots that the original guilty party will not be brought to book, but, we have moved on and recognition by the EUCJ will help to ensure that no other family will need to go through this. Getting there, slowly! Warmest best wishes and love to you and family from me and mine. xxxx

       
  5. Pip

    May 23, 2013 at 3:14 pm

    You have far more of it than I could ever have.

    Should you need a little help in a slightly different direction I would be more than pleased to go visit them and violate their human rights in a most painful way.

     
    • hobosinfrance

      May 23, 2013 at 5:46 pm

      😀 😀 😀 Bless you, Pip, you always put grins on our faces, no matter how low we have plunged at times! Thank you very much, but we really don’t want you to get on the wrong side of those who profess to offer justice! However, I’m thinking of asking the menfolk to knock up a few sandwich boards – which cities do you think we should target with our campaign for justice? I reckon Strasbourg, Brussels, Paris and Luxembourg for starters! 😉 Your continued support is very much appreciated, Pip. C and menfolk xxxx

       
  6. catherine

    May 23, 2013 at 5:31 pm

    Yes get tougher and more assertive, in the nicest possible way, of course. Enough is enough is enough.

     
    • hobosinfrance

      May 23, 2013 at 6:35 pm

      Hi Catherine, thank you very much for your comment and your support, much appreciated. Yes, indeed, enough is certainly enough! Warmest regards, Chrissie and family

       
  7. Chris

    May 23, 2013 at 6:47 pm

    There comes a time when one has to say ‘enough is enough’ – you go get ’em, girl (and boys)!

    P.S. I’ll come with you, Pip, in case you need someone to hold them still!

     
    • hobosinfrance

      May 23, 2013 at 9:41 pm

      ROFL! 😀 Thank you, Chris, you’re a gem. The support we receive certainly helps us to remain hopeful. Without that unconditional support, I’m sure we would have turned into a right morbid bunch by now! Love from us all. xxxx

       
  8. Sophie Habberjam

    May 23, 2013 at 9:45 pm

    Keep jumping Chrissie, someone WILL listen eventually! Right is on your side…. X

     
    • hobosinfrance

      May 25, 2013 at 12:32 am

      😀 Will do, Sophie! Thank you very much for your support, we look forward to meeting you very soon – although, I will possibly have very flat feet by then! 😉 C & menfolk xx

       
  9. merewoman

    May 24, 2013 at 7:11 pm

    So, Chrissie, all those hours spent standing at the check-out in the supermarket, watching little old people fumbling in little old purses for little old coins, and vouchers, and fidelity cards, cheque-books, credit cards, little old notebooks with the credit card PIN number in, and then meticulously packing and repacking their shopping while you wait haven’t been entirely wasted. Nor those occasions when you have stood waiting to be served whilst the cashier chattered for 28 minutes on the phone. You will have thoroughly mastered the art of patience. 🙂 Best of luck.

     
    • hobosinfrance

      May 25, 2013 at 12:38 am

      ROFL! You’ve got it, spot on! 😀 I must put that message in my next blog post – move to France and thoroughly learn the most important survival strategy, ie the mastering of patience! Thank you, Susie, you always put smiles on the faces of me and my menfolk! 🙂 xxxx

       
  10. kathythesane

    June 6, 2013 at 12:50 pm

    Hello again, I found your blog very late last night and have spent this morning reading it right through. What resilience, what patience and I have found myself wanting to swear and curse and actually commit murder.
    Every so often I growl and relate the post I am reading to my husband. I will be sending him a link shortly, and have insisted he reads it from beginning to end.
    I am so sorry that your retirement dream so quickly became a nightmare. I am so sorry that you don’t have better health to help when you’re dealing with the absolute injustice, fraud, lies and obstruction. I know when we’ve been coping with our small vice cache over the years, the health sapping impact it has on our mental and physical well-being.
    I want to thank you from the bottom of my heart for sharing this, as I now see our own problem as pretty insignificant, and will enjoy the peace and tranquility we now have most of the time. I will ignore the lack of communication from our advocat, as there is no point pursuing our trivial case. I think we’ll just let it run and if there is a favourable outcome eventually then great, of not tant pis!

    I have just finished reading a book by Graham Robb, called “The Discovery of France”. I am not sure whether you have head space to read for pleasure. Somehow this book brought into focus for me the reason the France we know is so obscure, disjointed, incomprehensible and dare I say fucked up (yes I dared).

    I wish you success in the next part of your journey, and I hope that this time you are validated.

    Best wishes,
    Kathy
    aka NannyP x

     
    • hobosinfrance

      June 8, 2013 at 11:23 am

      Hi Kathy, thank you very much for your support – you will know better than most just how much that is appreciated. I had heard that you and your OH had initiated a vice caché Case, that was some time ago when you and I were both involved with TF(FE). It was through TF(FE) that I discovered dozens of active vice caché property actions – the majority brought by British folks or British/French partners, that number of known Cases doubled to 100+. One of those Cases has since been judged at the Cour de Cassation – the property buyer won her fraud claim against the sellers, the outcomes took 6+ years to come to fruition! Two more Cases are now possibly only weeks away from that final Cour de Cassation judgement, it could even be days for one of them, I’m waiting for an update. Another Case, very sadly, produced tragic consequences from the sheer pressure, fear, uncertainty and frustration of living with the judicial system in France. That Case didn’t get beyond the regional Cour d’Appel – that took four years – because the tragic consequences included the death of one half of the couple who were pursuing justice. I will read “The Discovery of France”, I’m intrigued! Thank you for the sign-posting, Kathy, I’ll let you know my thoughts after I have read the book – if I can’t get it on Kindle. 🙂 Warmest regards from me and mine. xx

       
      • kathythesane

        June 8, 2013 at 11:59 am

        Hi Chrissie,
        We didn’t start our own case, it was just offered as an idea and of course the little Scrote next door is indeed a VC! However, over the years we have met each of his challenges with a boundary (both physical and psychological) and never picked up the gauntlets he continues to throw down (although very rarely now). Our biggest and nested boundary was the wall. I am not sure whether you joined The France Forum, but there is a long post on there about the wall.
        http://www.pristinestorage.com/thefranceforum.net/viewtopic.php?f=15&t=9026&sid=07aff74de3d4af0fbaa57d0996f24593

        I rarely if ever post on TFF now and it seems like eons ago that I told Nigel to eff off 😀
        I was sorry to read of your unfair and unfeeling dismissal from the mod team at TF,
        If you are on The France Forum, or whilst there looking at the wall thread, have a look at FrankCarmen2. You may already be in touch and know his case/circumstances well.

        Our last piece of merde is the amount of poultry Scrote has in his back yard/garden. At one point probably around 60 pigeons (static in a pigeon loft with static merde dropping through over the 6 years we’ve been here and who knows for how long before). and a mix of chickens and ducks which arrived 2 years after us. We eventually (being patient English people) contact D.D.A.S.S (Environmental Health equivalent) and a process started (unbeknowns to us for a while) where we discovered eventually we were taking him to the TdI 😀 This was 18 months ago and the case continues. We attended one early morning hearing and despite the lack of outcome, could see that there is a process, could see the judge was taken in by the Scrote and that eventually we may not have to leave our back garden through the summer due to smell and flies. We are not holding our breath, and having read your blog, our problem is but a flea on a pile of merde 😀

        I have not written much publicly, as was warned that we might prejudice our case. I have been writing it up in chronological order recently, and may well blog it finally, once again as a result of the perspective given me by your case.

        I look forward to reading more about the latest cases, and hope that their outcomes create positives for yours. I hope too that with summer now really here (I am sure of it!) that you both enjoy some good health, sun, warmth and relaxation.

        I shall keep watching, meantime I am going to look and see if you have a Facebook profile which (dunnit and sent you a request).

        a plus xxx

         
  11. kathythesane

    June 8, 2013 at 12:01 pm

    Please read bestest for nested.

     
  12. kathythesane

    June 8, 2013 at 12:03 pm

    Note to self. Re-read before submitting! The judge “wasn’t” taken in by Scrote and there was a sort of progress.

     
    • hobosinfrance

      June 8, 2013 at 11:57 pm

      ROFL! No problem, Kathy, I’m pleased to know about the progress. I’m not a FF member, but I will use your link (thank you) tomorrow to read about the wall, I’m rather intrigued! I would also be very interested in knowing more about FrankCarmen2’s vice caché – no, that Case hadn’t come to my notice before you mentioned it here. This vice caché Case is pending Cour de Cassation, imminently – http://hobosinfrance.proboards.com/thread/2247/cour-de-cassation Lol, I remember well the final occasion when Nigel was subjected to NannyP home-truths, absolutely cracking! 😉 C xx

       
      • kathythesane

        June 9, 2013 at 10:52 am

        I don’t think FrankCarmen story is one of a VC, but it is very interesting.
        Can’t open your link as a guest on the forum, and have decided to steer clear of forums for now. I shall look forward to reading your blogs and following what happens in those.,
        Bon dimanche

         

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