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Dare We Even Begin To Hope?

31 Oct

This morning, we received a letter from the Ordre des Avocats at the Cour de Toulouse, aka the Regional Law Society that is investigating the incompetence of our first and third solicitors, Maitre MA and Maitre AB, respectively.

We were very surprised to receive the response so quickly, but we are delighted! We’re not sure if the Post Office will be open tomorrow morning, as tomorrow will be a public holiday – at least, the afternoon will be a public holiday, ie All Saints Day. However, if we can’t post our response to the Ordre des Avocats tomorrow morning, we will get it off on Saturday, or Monday at the latest. In the cover letter received, we have been asked to submit any evidence we might have to further support our complaints made against Maitre MA.

Pas de problème!

When our response, with any evidence, is received by the Ordre des Avocats, a decision will be made by them regarding our complaints against Maitre MA. We don’t know for sure, but we think Maitre AB may well have already passed our file to the Ordre des Avocats.

The cover letter was accompanied by a copy of Maitre MA’s response to the complaints we have laid against him. Here’s the gist of his response.

He stated that our house Case was complicated, but he said he had collated sufficient evidence for our Grand l’Instance hearing to proceed in our favour, and he also stated that his hard work had benefited his former Cabinet (Company).

Really? We disagree.

We will provide evidence to the Ordre des Avocats proving conclusively that Maitre MA did not obtain the following witnesses’ Attestations (Statements) and documents for presenting to the Grand l’Instance Court. Without the presentation of the following Attestations and documents, vital evidence, we didn’t stand a remote chance of winning at the Grand l’Instance:

  1. The architect’s Attestation – he had offered to provide Maitre MA with the documents and Plannings drawn up in April 2007 that confirmed we would not proceed with the purchase if we could not have a lift installed in the garage to take us to the first floor. Maitre MA was given contact details, but did not contact the architect, he did not obtain the evidence and it was not presented to the Grand l’Instance Court!

  2. Madame B’s Attestation (a French neighbour) – she had offered to confirm that she translated for Tom and me when we attempted to return to the notaire, during the afternoon on the Thursday that we completed our property purchase, but she was emphatically told by the notaire’s secretary that the notaire had left the office and would be away on holiday for two weeks. Madame B had also offered to confirm that she translated for Tom and me when we returned to the notaire, two weeks later, to complain about the presence of Monsieur C in the property, also to complain that we could not have the lift installed as Monsieur C was adamant that he had sole use of the garage. Madame B could have added a lot of weight to our vice caché evidence and the fact that the notaire was not prepared to consider the facts, ie primarily, that she had been instrumental in permitting a vice caché situation. Maitre MA was given her contact details, but did not even contact Madame B, he did not obtain the evidence and it was not presented to the Grand l’Instance Court!

  3. Monsieur C’s Attestation – he had offered to provide documents to Maitre MA, ie copies of his rental contract and household insurance policy, to prove he had been an existing tenant of our sellers, Monsieur and Madame T, for a period of eight years before we purchased the property that was signed over to us as being free of constraints and for our use only. Maitre MA was given contact details, but did not even contact Monsieur C, he did not obtain the evidence and it was not presented to the Grand l’Instance Court!

  4. Copies of the medical documents we had to hand to prove that we required, as a matter of undeniable necessity, the means to traverse the property from ground to first floor without using stairs, ie the lift installation was an essential requirement by us if we were to proceed with the property purchase. Copies of the documents should have been presented with the architect’s supporting documents and Plannings to the justices at the Grand l’Instance Court hearing. We told Maitre MA (in writing) that we had the medical documents, but he advised us that he did not need to use them. Of course he did, as was proved when those documents were presented to the Cour d’Appel in Riom over a year later, after the Grand l’Instance hearing. Maitre MA did not obtain the evidence and it was not presented to the Grand l’Instance Court!

 Maitre MA admitted in his response to the Ordre des Avocats that he had been dismissed by his previous Cabinet, but he did not confirm the reason(s). He chose not to respond to our complaints about his incompetence.

In his response, Maitre MA chose to throw blame for our missing Deeds at our third avocat, Maitre AB. However, he admitted that he received the Deeds from us. Our second avocat, Maitre JJ, stated that the Deeds were not immediately found in our file when she dismissed Maitre MA and took on our Case herself, but she added that our file was very bulky and she may have missed the Deeds during her first search, she said she would look again once she had collated the new evidence (as I have given above) for Appeal presentation. Maitre JJ was admitted to hospital for emergency surgery just a few days before our Appeal was heard. Sadly, we now know she did not recover. Therefore, the Deeds are, either, still in the file, or, they were lost by Maitre MA and were never passed to our third avocat, Maitre AB – her incompetence lies in the fact that she did not return our file to us, with or without our Deeds.

We will confirm the above in our response to the Ordres des Avocats.

Maitre MA confirmed in his response that we had paid all fees in full. He denied sending us further bills for additional work that he had not done. But, copies of those extra bills are in our file (we have the originals stored at the house), ie the file that Maitre AB did not return to us when we requested. Also in our file are the letters we sent to Maitre JJ, with copies of the bills, in which we complained about being sent additional bills by Maitre MA for work that was not clarified.

I mustn’t forget, in our file, there is also copy of the coup de grace that stopped Maitre MA’s money-grabbing shenanigans and contributed to his dismissal – ie the letter we received from our second avocat, Maitre JJ, aka Maitre MA’s boss, from whom he had very recently parted company, in which she told us we were not to pay any further bills sent to us by Maitre MA.

As it appears possible that the Ordre des Avocats have now received our file from Maitre AB, we’re fairly certain they will have more than enough evidence of incompetence and lies to consider!

Are you confused? If not, can you please assist us with deciphering the text above so that we can write our response to the Ordre des Avocats? Chuckle!

We really would like to begin hoping, but, with complete honesty, I can tell you we dare not! 

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7 Comments

Posted by on October 31, 2013 in World

 

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7 responses to “Dare We Even Begin To Hope?

  1. Pip

    October 31, 2013 at 10:35 pm

    Well I’ve just re-checked the calendar and it’s definitely November the 1st tomorrow not April the 1st. In which case I am flabbergasted. In fact my flabber hasn’t been this gasted for a mighty long time.
    At long last it would seem that the proper message of just what atrocious treatment you have received might just be in front of the right people.
    I know I’ve thought along these lines before but this time I just dare to hope a bit more.
    Bet you haven’t had the same response from the FNAIM!!!

     
    • hobosinfrance

      October 31, 2013 at 11:37 pm

      🙂 Yes, Pip, we’re just under one hour away from the witching hour and we have the Bar’s letter firmly pinned down to a solid surface in case it disappears at midnight! In the opening lines of our response to the Bar, I have written, “After more than six long years, we now feel that somebody is finally listening to us………”. So, your words are as close to our words as they could possibly be!

      No response at all from FNAIM! No response from the Cantal Ombudsman! But, with the Bar moving very swiftly and the notaire’s overseeing body not far behind the Bar, we’re wondering if FNAIM and the Ombudsman are being kept informed by those who are responding. Just a thought. FNAIM are widely reputed to be arrogant and almost without scruples! However, I wonder if even FNAIM will challenge the Bar – the latter is reputed to be the most highly feared of all the professionals’ overseeing bodies, according to several folks in the know with whom we have very recently spoken. We do hope my thought has substance, that would be helpful – we think!

      Mind you, we daren’t hope!

      Now, I’m going to reply to your previous comment – blimey, these days, I don’t know whether I’m on my derrière or my elbow! I really don’t know how I ever had the time and organisational skills to work, before I retired, Pip! Love to you and Kim, Chrissie & menfolk xxxx

       
  2. plasterman

    November 1, 2013 at 10:04 am

    You knew before you bought the property that it came with a sitting tenant.

     
    • hobosinfrance

      November 1, 2013 at 12:32 pm

      Hello Plasterman, thank you very much for taking the time to comment. Clearly, you didn’t take the time to read all 70 posts. If you had, you would know that the Immobilier did a fantastic job of trussing us up like turkeys and feeding us to the wolves! His lies and deceit have, until now, appeared to have been above the law, but, perhaps not. Every dog has its day, even hobo dogs! Please, take the time to read all 70 posts before making further comments, you will certainly learn about the facts of our house Case. Kind regards, Chrissie

       
    • Kay

      November 3, 2013 at 12:34 pm

      That’s a sweeping statement plasterman, how would you know what went on to be able to say something like that, were you there? If so maybe you would like to share your version of events, well why not you seem very sure of yourself judging by your comment, If not would you care to explain to the rest of us how you came to that conclusion?

       
  3. Www.Bukowski-Partners.Net.Pl

    February 23, 2014 at 11:46 pm

    Wow! In the end I got a website from where I be capable of actually get valuable information concerning my study and knowledge.

     
    • hobosinfrance

      March 2, 2014 at 5:38 pm

      Hi, I have approved your comment after checking out your company’s legitimacy. Welcome, and thank you for taking an interest in my blog. I know the property laws of France and Scotland are similar, and family and I have met one British couple, in France, who endured a similar saga to ours, but their property was in Scotland! I wonder if property laws in Poland are primed to avert vice cache situations. Warmest regards, Chrissie

       

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