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Ding Dong Merrily – A High!

11 Dec

Ding dong merrily – a high,

The avocats are singing!

Ding dong, verily say I,

Their excuses are all minging!

Having survived several bouts of handbags at dawn as SFR and France Telecom battled for supremacy whilst we languished without internet connection for an entire month, I’m delighted to return to the land of techie living! Although, I do wonder how long this uneasy truce will last, a degraded line and a drop in mb power to accommodate that poorly line have been firmly established as an existing double whammy force with which we will need to grapple again in the not so distant future, I’m certain of that!

Well, this is France – c’est la vie!

During our enforced techie silence, snail mail has been slipping back and forth between me and a couple of overseeing bodies. Bless ’em, not one has accused us of posting empty envelopes to their offices, they’re proving to be far more honourable than a certain clerk in the Cour de Cassation Bureau d’Aide in Paris!

Have we progressed?

Well, le batonnet (French barrister) who is acting for the equivalent to the Law Society office, Toulouse, and who is handling our complaints about our first and third avocats, was the first overseer to respond, very seriously and quickly, to our initial letter outlining our full package of complaints. Since that first exchange of correspondence, our first avocat, Maitre MA (let’s give him his title, although, he didn’t have any respect for us, obviously!), has admitted via le batonnet some of his faults; he has held up his hand to a number of his negligent errors that occurred throughout the course of his administrations relevant to our vice caché Case.

As correspondence gathered pace and content, it emerged that Maitre MA had appealed his dismissal from the Cabinet where he was employed during those early days when he was supposed to have been collating evidence and building our Case for the Grande l’Instance Court. His appeal was also dismissed. ‘Nuff said!

Although Maitre MA put up his hand to much negligence, and that negligence might well have condemned our Case to failure from day one, he could not resist passing some of the buck to our third avocat, Maitre AB.

The section of buck that Maitre MA attempted to pass to Maitre AB concerns our missing (apparently!) Property Deeds, the Property Deeds that Maitre MA was adamant he required to hold in his little hot hand before he could file our Case at the Grande l’Instance Court. His insistence was based on his ‘professional need’ to ‘finalise the return of the property to the sellers at the earliest, after the justices announce their Judgement’.

What a load of rubbish! As things currently stand, it appears that our Property Deeds may have been lost in the “mess” found in Maitre MA’s office following his dismissal! Or, perhaps, he took our Property Deeds with him, along with other sections of our file that were missing when our second avocat took over our vice caché Case? Who knows, we don’t! Maitre J, our second avocat – who collated sufficient evidence out of the wreckage left behind by Maitre MA to ensure recognition by the Appeal Court Judges of our sellers’ fraud – told us she could not find the Deeds in the “mess”. We believed her without reservation, that lovely lady did a wonderful job for us against all odds. Our third avocat, Maitre AB, clearly did not ever see our Deeds – although, she has admitted ignoring our plight and our requests for our file to be returned to us!

Anyway, you’re out of luck with your attempt to pass the buck regarding our missing Property Deeds, Maitre MA. Hah!

We are now waiting for a decision to come from le batonnet at the Ordre des Avocats, Toulouse. Our Case could be returned to the Cour d’Appel, Riom, for further consideration and a fresh Judgement. Or, bearing in mind that we have a potential buyer, ie our longstanding tenant, Monsieur C, who has made his intentions clear in writing (more about this later) and copies have been sent to the various overseeing bodies , we could be awarded compensation by the Ordre des Avocats, rather than the Case being thrown back into the litigation swamp. Or, we could simply receive a letter that drips empathy, sympathy, shock and horror – and nothing else!

In the meantime, the Board at the Chambre des notaires du Cantal is also now considering the evidence supporting our claim that the notaire who administrated our property purchase failed us miserably! More about that later, too!

FNAIM, aka La Fédération Nationale de l’Immobilier, is the overseeing organisation that, supposedly, protects the interests of French Immobiliers (estate agents) and their clients! Last week, we received our first response from FNAIM to the letter that we sent to all the overseeing bodies on 15 November 2013. Here’s a link to the full Monty for anybody who can be bothered:

http://www.fnaim.fr/3574-qui-sommes-nous-.htm

Wow! They’re quick on the draw – not!

Interesting response, too!

Well – no surprises!

FNAIM have told us, in their letter, that they can’t/won’t get involved because we took the Case to the Courts, simple as that!

Ah, but, late in 2007, Monsieur C complained to FNAIM that our Immobilier, Monsieur F, was harassing him to move out of the property that we had recently purchased. We knew nothing about the harassment until Monsieur C told us about it in 2008. FNAIM replied that they could not/would not get involved until after Court proceedings had concluded with a Judgement. We have a copy of that letter!

Oh my! Cette ambiguïté! One for the Ombudsman, methinks, we need to give him/her something to do!

 

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7 Comments

Posted by on December 11, 2013 in World

 

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7 responses to “Ding Dong Merrily – A High!

  1. Pip

    December 11, 2013 at 11:34 pm

    I was beginning to think you’d done a runner or been banged up for having the outright nerve to so much as hint that there might be some dubious goings on in the judicial system!

    It reads as if there are some steps forward albeit slow and ponderous.

    How’s the “sale” of the house going with Monsieur?

    Despite all the hassle I hope you all can have a Happy Christmas. I’m waiting for arrival of grandchild number three tomorrow. They have to phone at 8.30 tomorrow morning to be given a time to go in for induction to begin. So I won’t sleep well tonight and I’m bl***y sure they won’t either.

    Hope the internet connection holds, even slowly, so you can keep in touch with us and the world in general.

    I will raise a glass to you and all your family on the 25th – well probably more than one!

     
    • hobosinfrance

      December 12, 2013 at 12:11 am

      😀 I fully understand why you would think we had done a runner, Pip, I do rather throw caution to the wind in my blog posts, these days! Familiarity breeding contempt, I suppose, contempt for the system that can’t get it right for getting it wrong, lol! But, in truth, I have spent all my spare time today looking, in vain, for my various passwords! Aaaaaargh! I put the little red book away in a safe place, it’s so safe that I can’t find it! Yes, tiny steps forward, although, we are not holding breath where any aspect is concerned. I will continue with the Mr C saga tomorrow.

      I thought grandchild No.3 would be due around this time, Pip, my thoughts and prayers are with you all and I look forward, very much indeed, to hearing that all has proceeded to a wonderfully happy conclusion. One day, you might catch up with me – 8 grandchildren! 😉

      Thinking of you, all of you.

      Love from me and mine to you and yours, Chrissie & menfolk xxxx

       
  2. norma

    January 3, 2014 at 12:28 pm

    hi, i came across this blog by sheer chance as i’ve been trying to help a friend of mine in france who is in a similar but different situation and has received very bad legal advise and has now been condemned by the courts under a vice cache. she is a retired lady living alone in france with little money, no internet and is now in fear of having her house taken from her. she feels like the whole of the french legal system is against her but she has done nothing wrong. i wonder it she could speak to you on the telephone and perhaps you would be able to give her the benefit of your ‘vast’ experience with the french legal system.

     
    • norma

      January 4, 2014 at 10:42 am

      hi, i’ve have been reading more and more of your blog over the last few days…. mouth almost dropping to the floor in disbelief!!! i thought my friends problems with her french buyers was bad enough but yours absolutely takes the biscuit. i admire, beyond words can say, your amazing fortitude and wish you and your family all the very best for 2014.

       
      • hobosinfrance

        January 15, 2014 at 11:04 am

        Hello Norma, I apologise for taking so long to get back to you – we arrived back from ‘the pile’ last night and we have no communications means when we’re there. Firstly, I’m going to give you a route to contact me directly, we can have a chat about your friend’s situation and, hopefully, we will find a way to offer her the help she needs. I know how very vulnerable your friend feels right now, it is the loneliest place in the world to be. Our situation was made much worse by the worst possible legal advice and we are currently still pursuing at least a small measure of justice to atone for that aspect. That same route may be the best route for your friend and I will be more than happy to assist. Ok, there are four ways for you to contact me directly, then, I can respond and give you my personal email address. If you are on Facebook, you can find and private message me under my real name, ie Chrissie Baxter or my blog name ie Hobochrissie; likewise, you can find me under the same blog name and private message me on Twitter. Or, you can register on the hobos forum (HIFF) and contact me via private message on there. You will find other vice caché victims on HIFF, in the Legal section that can only be accessed by registered members. Or, I can email you directly, if you give me permission to do so? Just let me know here. Warmest regards, Chrissie

         
  3. Kathy

    January 8, 2014 at 9:10 pm

    So Mme B, did I miss something?
    “Yes, tiny steps forward, although, we are not holding breath where any aspect is concerned. I will continue with the Mr C saga tomorrow. ”

    Did you? Are you en train de? Will you?

    I want to know what “the bluff” was 😀

     
    • hobosinfrance

      January 15, 2014 at 1:48 pm

      There you go, Kathy, bluff divulged! 😉 Like you, we are not holding breath, either, we believe it’s best to carry on as we have done throughout the past 6+ years, taking one step at a time and remaining resolute. I doubt very much that my next blog post will hold surprises – we have just returned from ‘the pile’! Sigh! C & menfolk xxxx

       

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