Since receiving the ECHR knock-back, family and I have been swinging back and forth between feeling defeated and depressed and positively determined! The former emotions have far outweighed the latter, I have to confess. Never mind a river, I think we have cried an ocean of tears between the four of us!
Each time we read back through the various Courts’ decisions, we find another anomaly that just should not be there. There are a couple of good examples to follow –
In the Riom Cour d’Appel judgement:
The justices declared that we had not submitted any written evidence of our need for sole use of the garage in order for a disabled persons’ lift to be installed. Monsieur C had stated (in his Attestation to the Appeal Court) that the garage was “mon garage” and he had sole use of it in accordance with his rental contract with our sellers. The justices also declared that the Plannings, produced by our architect, Monsieur G, were signed and dated July 2007, ie ‘far too late for the notaire, the sellers and the Immo to consider before completion of the sale/purchase processes’.
I’ll break that down and clarify a few points.
The justices declared that they “recognised the sellers’ fraud”. Right, then, that’s clear enough.
The justices did not acknowledge that we had not even been aware of Monsieur C and his rental contract, pre-purchase, even though Monsieur C confirmed the facts in his Attestation to the Appeal Court and the justices declared that they accepted those facts!
The justices made no mention of the original Plannings that include detailed drawings of the disabled persons’ lift – all copies hand-delivered to the notaire (by the architect), to the Immo (by us) and to the sellers (by the Immo) – signed and dated 2nd April 2007, not July 2007, ie before we even signed the Compromis de Vente!
The justices made no mention of the copy medical documents and the EU Blue Disabled badge submitted by us as evidence!
Doesn’t it pong just a little?
Our first avocat requested copies of all documents relevant to the property purchase. He also required the original property Deeds for ‘the property returning processes to be administered swiftly after the Judgement’, he was adamant the justices’ decision would be in our favour.
Despite telephone calls and emails from us (in January, February and March 2013), our third avocat has still not returned our file to us, including the original property Deeds!
But, never mind, the current notaire’s assistant told us that is not an insurmountable problem. We’re not so sure.
The current notaire has called for copies of all Monsieur G’s Plannings documents, including the DDT, etc. She is not able to give Monsieur C his marching orders via expiry of tenancy lease, but, she can and will send him packing when she writes to inform him that the entire property is being returned to single home status!
Wow! We didn’t know that could be done! But, obviously, our first notaire would have known it could be done in 2007!
The current notaire will apparently be handling it personally and she will be sending the legally binding formal Notifications via the people who originally placed Monsieur C in the property, the Social Services. The latter agency apparently has a duty of care to re-home Monsieur C. The notaire is a Government Agent of ‘she who must be obeyed’ status!
In the meantime, the current notaire and the European Ombudsman are in total agreement – we must now direct three separate complaints, in writing, to the ‘overseeing bodies’ for notaires, avocats and Immobiliers. The grounds, in each case, are incompetence and unprofessional conduct, we have been strongly advised to demand compensation. We have also been provided with the relevant names and addresses of the overseeing bodies.
So, that’s my job for tomorrow. No peace for the wicked!
More to come – a warning for the folks who rent out their properties in Saujon (in the Charente-Maritime) and in Poitiers (in the Poitou-Charente)! It appears that Monsieur C will probably be moving to a rental property near one of you! Er…forewarned is forearmed if you have an empty rental property at this moment! He has already checked out Saujon and he likes what he saw; he will be conducting a recce in Poitiers at some point during August!
Wink! Just thought I would let you know!
It’s now looking possible that our current notaire will not need to give Monsieur C the Order of The Boot! Although Monsieur C was seemingly quite determined to remain in our pile for eternity, when we first arrived on Sunday 7 July, he appeared to have changed his mind by Tuesday 16 July!
But, we’re not leaving anything to chance or trust – we feel that taking a chance on the locataire doing as he says he will do would be a fool’s game, and we don’t trust him as far as we can spit as individuals! We still do not have a copy of Monsieur C’s rental contract. ‘Owzat?
Also to come – how Tom and I met up with (after a number of aborted attempts!) delightful Tottie Limejuice (of the brilliant “Sell the Pig” book fame, here’s a link, Control+click to access)
in company with her lovely friend, Gill (or Jill, I didn’t ask, d’oh!), in the panoramic, awesome Cantal volcanoes country! Oh boy, you have to drive over (using the bridges, of course!) and around those sheer precipices and spectacular craters to fully appreciate the beauty – and the fear!