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Two Disciplinary Hearings And An Immo Up A Gum Tree!

25 Jan

Tom and I have received two formal, written notifications, as follows:

The first to arrive was from the Ordre des Avocats in Toulouse, equivalent to a regional Law Society in the UK. The writer was the same gentleman who swiftly contacted us when we made our initial complaints about the incompetence of our first avocat, Maitre MA, and about our missing Property Deeds that should have been returned to us, in our file, by our third and last avocat, Maitre AB.

We have been given a Case number and both avocats will face a Disciplinary Board; we will be notified of the outcomes in due course.

So far, so good! Although, it now looks very likely that one of our avocats has lost our Property Deeds! Maitre AB assured the Ordre several weeks ago that our Deeds would be returned to us in our file without delay, she was the last avocat to have our file. Our file has not arrived, our Deeds have not arrived. The ‘pile’ is on the market and we need the Property Deeds!

Some time ago, when we were a couple of years into our house Case, we came to the conclusion that, in France, one often hires an avocat then does the work for the avocat! We reached that conclusion from our own experiences with Maitre MA and Maitre AB.

So, are there any gumshoes out there? We could do with a few handy hints about how to find our Property Deeds!

The second notification came from the Chambre des Notaires in the Cantal, the overseeing body that has been investigating our complaints about the incompetence of the notaire who administrated our purchase and our fraudulent sellers’ sale.

We have been given a Case number, the notaire is facing a Disciplinary Board and we will be notified of the outcomes in due course.

Shame we haven’t been given dates when these disciplinary Hearings will be heard. But, I will be giving both overseeing bodies a shake next week. On Monday morning, I will be posting to them copies of a piece of vital evidence that should have been seen by the justices at the Tribunal de Grande Instance in Aurillac, in 2008, or, as fresh evidence by the Judges at the Cour d’Appel in Riom, in 2009. The evidence bears a September 2007 date and was received by Maitre MA that same month, it was sent to him by…wait for it, Monsieur C! The evidence proves conclusively the following facts and I will be sending copy to FNAIM, too:

1. Our sellers, Monsieur and Madame T, committed fraud against us, vice caché. The Cour d’Appel got that right, the Judges just didn’t follow through – they would have been hard-pressed not to do the right thing if they had seen all the evidence including the document we have to hand!

2. The administrating notaire, Maitre CB, did not follow the full, correct procedures as set down in the French Civil Codes. She failed us and she failed in her duty as an agent of the French Government.

3. The Immobiliere, Monsieur F, knew about the vice caché set-up long before we completed the purchase.

4. The Immobiliere collaborated with the property insurance agent who provided us with our first Buildings and Contents Insurance policy, to ensure that we did not cotton on to the vice caché before the notaire rode off into the sunset ‘en vacance’, after the sale/purchase proceedings were completed. More about that next time!

Yoo-hoo, FNAIM! This piece of evidence was not used in the litigation proceedings. So, you can mediate now, go for it, we are waiting! Monsieur F, you have had over 6 years of swimming off the hook, despite the fact that we and all three of our avocats were convinced that you were up to your neck in vice caché pooh! You can eat your heart out – we’re on your tail! 

In the meantime, for anybody out there who is purchasing a property in France, you are not required to use the same notaire as your seller(s). You can use a different notaire, the fees will be divided between the two notaires and it will not cost you one cent extra. But, using the two notaires method could save you years, or even a lifetime, of heartbreak, discomfort, fear and homelessness. 

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10 Comments

Posted by on January 25, 2014 in World

 

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10 responses to “Two Disciplinary Hearings And An Immo Up A Gum Tree!

  1. Victoria Thomas

    January 25, 2014 at 8:08 pm

    Oh God! What a nightmare! So glad we live in the back of beyond and the Notaire was slow, but courteous and bob on.

     
    • hobosinfrance

      January 26, 2014 at 12:52 pm

      Hello Vikki, thank you very much for reading my blog. 🙂 We have learned over the years that your experience was fairly typical of buying in France, there are few that go sufficiently pear-shaped to become the nightmare of a lifetime, thank goodness! But, one vice caché that remains unresolved after 6+ years is clearly one too many, we are aware that there are well over 100 ongoing vice caché Cases across France as I type (there are possibly many more that we don’t know about), Cases that, like ours, have been rumbling on for over 6 years! I have lost count of the number of folks who have contacted me to say they had tried to fight for justice in France, but they gave up because it takes such a terrible toll on health and finances. I didn’t blame any of them for moving on despite losing everything. We had that choice, but we chose to stand and fight – we really had nothing left to lose! We’re getting there, slowly, and I’m always happy to hear from folks who experienced their property purchase as it should be experienced every time. Thank you very much for your support, my family and I truly appreciate it. Warmest regards, Chrissie and family

       
  2. Pip

    January 25, 2014 at 9:19 pm

    I know I’ve said it before but your whole saga almost defies belief.
    So much corruption and dirty dealing in one place but hells bells it’s getting closer and closer to the day of retribution.
    Unless of course the old school get the doors closed around themselves.
    Can’t wait for the hearing dates.

     
    • hobosinfrance

      January 26, 2014 at 2:13 pm

      Dear Pip, once again, you have hit a nail that we fear right on the head! Always, at the backs of our minds, we must remember that we went up against an ‘old French family’ and that keeps coming back to scupper us, time and again! As soon as we know the dates, I’ll be straight onto my puter – if we are notified, that’s the million dollar question! We were not given the dates of the Grande l’Instance and Cour d’Appel Hearings until after the events and this time round might not veer from that (apparent) precedence! Thank you, as always, for being there, Pip, stalwart friend. 🙂 C and menfolk xx

       
  3. Sarah

    January 26, 2014 at 9:28 am

    Fingers crossed you get some justice, and not before time. I have never come across such a tale of deception, incompetence and corruption. It brings the whole French system into disrepute.

     
    • hobosinfrance

      January 26, 2014 at 1:37 pm

      Hi Sarah 🙂 many thanks for your continued support, as always. In recent days, another vice caché Case has been brought to my notice by a friend of the victim and I will be speaking with them both this afternoon. The Case is not far off as horrendous as ours, although, the boot is on the other foot! The victim is fighting for justice against a very obvious wrongful allegation of fraud. This is the second time I have known this to happen during the past few years, the first Case resulted in the victim losing her husband (a stroke), their home and their business. I think it’s about time the French Government seriously considers its judicial system to be ready for Madame Guillotine! Until the judiciary start getting it right where vice caché is concerned, folks will continue to blatantly commit fraud, knowing they stand a better chance of getting away with it than their victims stand of obtaining justice. The vice caché law in France is a web of ambiguity and hypocrisy, the chances of success ruled by the postcode lottery that is prevalent from region to region, from Department to Department. Sheesh, rant over, lol! Hope you and yours are well, Sarah. C and menfolk xx

       
  4. merewoman

    January 26, 2014 at 11:29 am

    The mills grind slowly, but they grind exceeding small. Fingers crossed that these mills will do a thorough job.

     
    • hobosinfrance

      January 26, 2014 at 2:01 pm

      Yes, indeed, Susie, a thorough job is what we have requested. Heck, they don’t need to excel themselves, the standards they’re competing with couldn’t have fallen much lower! Chuckle! 😀 It’s good to hear from you, dear friend, thank you. C and menfolk xx

       
  5. Osyth

    January 30, 2014 at 1:35 pm

    I am loving this blog which is cold comfort to you …. I can’t begin to imagine what it has been like living through this. You do, however, have the rare knack of continuing to write in a buoyant and positive manner. I am following you and will continue to read your posts and input what little wisdom but lottle support I have to offer!

     
    • hobosinfrance

      January 30, 2014 at 2:35 pm

      😀 Cold comfort or not, Osyth, your support is hugely welcomed by my menfolk and me! Thank you very much. As for remaining positive, well, I believe (having read several of your excellent blog posts) that you will know exactly where I’m coming from when I tell you what my father once quoted to me – “Laugh, and the world laughs with you; Weep, and you weep all alone.” An extremely wise man, my father, his gentle guidance on many life topics have guided me throughout the 30+ years since he vacated this world. Warmest regards, Chrissie and menfolk

       

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