Category Archives: Contract

Two Plus Two Equals Five!

During the past month, Tom and I have wished we were both at least twenty years younger! That’s a first for both of us, we are normally quite content with our ages, life experience, mental and physical capacity, achievements, and our levels of life skills learning and knowledge. So, why the change? It’s simple, we both wish we could walk further than we can, carrying our home on our backs! When our ‘old girl’, aka our long-suffering Citroen Picasso Xsara, flipped her clutch, she left us in a real quandary. Scrap her and walk, or have her repaired and break the Bank to pay for the repairs? We chose the latter because we truly can’t manage without her. She has carried the four of us over 130,000 kilometres during the past four years; Tom and I can’t do that sort of ‘motoring’ on our aging ‘pins’. Simples!

So, we were already somewhat stressed and distressed (and broke!) when we travelled to Champagnac and Mauriac to collect documents from our friend, Madame ZC, and from l’Huissier. We knew the documents would be relevant to the illegal tenant hairdresser’s written Notice to quit our house that can’t be our home, following intervention by the Cadastre (Department Land Registry). But, our immediate concerns were about how Monsieur C might be responding, or reacting! As things turned out, we didn’t need to concern ourselves about Monsieur C, he is definitely a happy bunny! More about that next time.

The documents we received were a revelation! Confirmed within the text, Tom and I were definitely stitched up on 6 July 2007 by the female half of our sellers, and, we strongly suspect she wasn’t on her own! On that day, according to the notaire’s statement, she acted on notification received some time earlier (no date given) from Madame T that Tom and I had agreed to allow the hairdresser to sell on her Rental Lease. Now, why the notaire didn’t demand documentary verification, we have no idea! But, the fact of the matter is that she didn’t demand such evidence. Had she done so, she would have had no doubt that we hadn’t agreed, because we knew nothing about it, and there is no documentary evidence because Tom and I didn’t sign any such document!

On 6 July 2007, several weeks after we signed the compromis (‘promise to buy’ pre-Contract), and three weeks before our purchase was completed, Madame T and the notaire completed their own transaction, and they effectively landed my menfolk and me in the judicial mire that is the French legal system where the hairdresser is involved! Although, of course, Madame T already knew at the time that she was defrauding us by withholding evidence of Monsieur C’s tenancy!

Tom and I now believe the 6 July transaction was the reason why the notaire withheld €2000+ from our sellers on the day of completion. After all financial business was concluded on that day, Madame T looked at her cheque and announced that the cheque was ‘more than €2000 short’. I understood what she said and I looked at the notaire – our Immobilier was trying to hurry us out of the office. The notaire’s face reddened and she told Madame T to telephone her later at her office. Well, that would not ring bells if Tom and I hadn’t been informed, later the same day, that the notaire apparently left her office to go off on holiday immediately after we all left her office!

Strange? Not if the notaire had deducted €2000+ for other services rendered during the sale/purchase proceedings!

The documents contain a number of peculiarities and ambiguities. We know a commercial Tenancy Lease is for a period of 9 years; a residential Tenancy Lease is for 3 years. The original hairdresser’s contract started in December 1998, according to the copy of the Attestation we were given. Therefore, her tenancy period was due to expire on 31 December 2007; she confirmed to us that she had not applied to renew for a further period of nine years because she was closing down to concentrate on extending and raising her family. We wished her good luck, and everything was confirmed in writing between us and the Immo. He confirmed that the hairdresser’s tenancy period had not been extended beyond December 2007. That was further verified in the pre-Contract, and it states that we would have ‘sole use and enjoyment’ of the property.

Of course, that was never going to happen, Monsieur C was skulking in the shadows. But, we were absolutely shattered when Mademoiselle S suddenly appeared in November 2007, and we were informed that she would be with us for nine years!

However, according to the documents handed to us by l’Huissier, the notaire confirms that Mademoiselle S was given a ‘three years commercial Tenancy Lease’, and that it would run from when the previous contract ‘expired in October 2008’. Confused? No more than we are!

Even if we’re wrong about the December 2007 date (we know we’re not wrong, but never mind that!), a 3 years contract would expire in 2011 if it began in 2008. In that case, why is Mademoiselle S still running her business now, in April 2012?

According to l’Huissier, nobody was able to give Notice to quit to the hairdresser until the cadastre intervened, so she probably just stayed put! Well, ok, this is France, so that’s feasible. But, also according to l’Huissier, because Tom and I didn’t sign any documents giving permission for the commercial Lease to be sold by the original hairdresser to Mademoiselle S, the notaire had signed in our absence, as we were ‘in default’!

We left Champagnac thoroughly confused, fed up, sick to our hearts, and that was definitely my lowest ebb since this whole fiasco started. Thankfully, Tom was in British Bulldog mode, and by the time we joined our lads I was over the worst of my ‘blues’!

Today, copies of all documents were posted to the Cour de Cassation, and to the ECHR. Tomorrow is another day!



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A Good Doctor And A Pleasant Bailiff!

Such a huge relief, Tom’s chest x-ray showed nothing more sinister than congestion and infection, just as the doctor thought would be the current situation. So, armed with a change of inhalers, antibiotics, 5 days worth of Prednisolone pills, and a rather “pleasant fruity decongestant drink” (Tom’s words), he is set to recover from this latest lung infection. Several digits are crossed for that outcome, and Tom will return to the doctor on Thursday morning for an updating examination and assessment. Voila!

So, with a much lighter heart, I telephoned l’Huissier’s office in Mauriac, I was fully prepared to hear news of a less than positive calibre! Almost five years of negative results and lost battles were very much to the fore in my mind, although, nothing could reduce my relief that my wonderful husband will soon be well enough to return to our ‘thought showers’ sessions regarding the house Case. I have used the alternative expression to ‘brainstorming’ because, as a retired teacher, I am aware that the original term is politically incorrect, despite the fact that it is very much more appropriate to what actually happens during the sessions!

The clerk who answered my call struggled with my French language skills, so, I used two of my better stock phrases, told her my name and asked to speak with the English-speaking gentleman with whom I have had several conversations through the years. That gentleman was “out of the office”, but, the phone was passed to the Maitre. Brilliant, straight to the top!

Maitre was very pleasant, extremely reassuring, I really did have the feeling that she is definitely on our side! Using a combination of facts, clear empathy, superbly appropriate humour, and concisely worded phrases that I was able to fully understand without any difficulty, this is what I was told by the Maitre.

Both locataires have been given formal Notice to Quit the property on or before 30th September 2012. If either locataire is still in the property on 30th September, l’Huissier and supporting Gendarmes will carry out eviction processes on 1st October 2012. The Cadastral (Department Land Registry) has been given a Court Order to have the locataires removed, l’Huissier has also been granted a Court Order to ensure the eviction processes are actioned, if necessary. It was l’Huissier Maitre who served the formal Notices to Quit the property.

I tentatively expressed my concerns about the resident locataire, Monsieur C, he is not rational when he feels he is under pressure! Laughing, Maitre immediately agreed with me – she has obviously already had a run-in with him! However, she told me the Court Orders have been issued to a Government Department, ie the Cadastral, and l’Huissier have been granted their enforcement powers as Government representatives upholding the laws of the State. Maitre told me that Monsieur C can object as much as he wants to, nothing will stop the processes being carried through on the dates given. I told Maitre that I felt Monsieur C would not wish to be observed by the neighbours during an enforced eviction, she agreed with my comment and told me his possessions would simply be thrown out via a window, and he would be escorted off the premises by as many Gendarmes as required; that would be explained to Monsieur C by letter before 30th September 2012.

Maitre then explained to me that both locataires will require tenancy references from their former landlords to obtain alternative rental premises. To that effect, the hairdresser has paid l’Huissier to deliver a tenancy reference request letter to Tom and me. Here we go, I thought! I informed Maitre that Tom and I are not qualified or prepared to give references, because the locataires are nothing to do with us. Maitre commented that they require references from us because we are the owners of the property. She then listened, without interrupting, while I briefly clarified to her the facts of our vice caché suit.

When I stopped speaking, Maitre asked, “Did Madame T give the locataires their tenancy contracts?”

I told her, “Yes, and we knew nothing at all about the current hairdresser until months after we purchased the property, despite the conveyancing notaire having presided over the sale of the shop Lease, months before we purchased the property.”

Maitre commented, “Classic vice caché, Madame Baxter. So, Madame T can provide the locataires with their references. I will write to her, today, and I will deliver the letter in person. There are documents here for you to collect, I need your signatures for you to receive them. Documents were also delivered to your property in Champagnac, I understand that you and your husband are happy for your neighbour, Madame ZC, to hold them safely for you, yes?”

I agreed with Maitre and told her we would collect all the documents from her office, towards the end of April, and Madame ZC has already forwarded mail from the house to the address of our friends in the Gers, from where we will collect them when my husband is well enough to travel. Maitre replied that she hoped my husband recovers fully and quickly, and she thanked me for phoning her.

Nothing was mentioned about the hairdresser’s outstanding, unpaid water rates bills!

Well, can’t get more positive than that! Or, should we wait until we have all the documents to hand, translated, read and fully understood, before we celebrate? Family and I have decided the latter is prudent!

Since yesterday, I have received many very kind messages of support, and several comments about us being able to move into our house that’s not our home on 1st October 2012. That can’t happen! Our vice caché lawsuit is designed to return the property to our fraudulent sellers, as though we had never purchased it, to receive a full refund of the purchase costs including all monies spent on improvements prior to the proceedings starting, eg the double-glazing. The vice caché lawsuit was not brought to remove the tenants.

Even if we were to move into the house, we would still have no electricity and no sanitation, and we would still not be able to legally make good the electrical and plumbing installations.

Yes, after 1st October, we could drop our vice caché Case – would you?


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One Down, One To Go – Maybe!

Three of us have just spent the lion’s share of a week a few kilometres inland from our favourite French beach, ie Saint-Georges-de-Didonne in the Charente-Maritime. We have visited just about every coastal area in France, from Brittany southward and from Nice westward, and we have yet to find a cleaner stretch of sand than the Saint-Georges beach. If anyone who is reading this has a hankering for a seaside holiday in France, I personally recommend Saint-Georges and immediate neighbour, Royan. Superb!

Our fourth family unit member, our son, was working for a wonderful couple inland, Gilly and Dave, pulling down a rather large shed! There can’t be many things that appeal more to menfolk than demolition! My other two menfolk and I slept soundly in the holiday home of yet another lovely friend, a super pal who has offered, on more than one occasion, to lobby the French judiciary by wearing a sandwich-board bearing words to the effect, ‘Justice for the Hobo Family’, whilst traipsing the main streets of Paris! This might present as being a tad unlikely to happen, but, believe me, that is not the case where this straight as a flying arrow friend is concerned!!

Anyway, during our few days of separation, an urgent request for pet/house sitters came our way, from a friend who lives on the outskirts of Civray. The super lady who contacted us, and who will remain anonymous, has much greater need than ours at this time. We still have the keys to the Gers property of our friends who live in the UK – we had only envisaged being away for 5 days, 6 days maximum with travelling, and we also needed to get to the Cantal to tackle the issue of having no French Income Tax Declaration documents, yet again! But, to reiterate, our friend’s need is more pressing than ours. So, we decided to drop off our two youngest family members to start the pet/house sit, Tom and I then planned to travel down to the Cantal to engage in this year’s inevitable battle with the bureaucrats! From there, Tom would drop me back at the pet/house sit to join our lads, and he would continue down to the Gers, returning to Civray to collect our lads and me in a couple of weeks. 

Good planning – not! Temperatures on the Atlantic coast barely crawled out of single figures; other than on the Tuesday afternoon, the weather was persistently cold and wet, biting winds chewed through our lightweight clothing, it was a really damp, icy, miserable week! The highlights were super lunches with Gilly and Dave, and with our lovely friends, Sue, Tchica and Elmo aka El Nino! At least we felt normal, not at all like hobos! In fact, all round, we were pampered – we appreciated that more than words can ever say.

Sadly, Tom’s breathing became more laboured as the days passed, and we knew he was fighting yet another severe chest infection come the day that we travelled to collect our son. Despite the many inhalers, the antibiotics, the steroids, the nebuliser that provides a limited period of time pumping oxygen into his lungs, Tom really does need better medical care and a stable lifestyle. We are so hopeful that 2012 will see an end to our years as hobos living in France. But, we fear we still have more mountains to climb before we even get a sniff of justice!

So, tomorrow, Tom will visit a local doctor and, once again, will be put back on his feet – for a little while at least, Bless him. The Cantal bureaucrats will just have to wait. Voila!

However, while we were off-line, an email came in from our friend and former neighbour, Madame ZC, I picked it up yesterday. It appears that the cadastre has been true to the word he gave in November 2010 – our hairdressing locataire (who is, and always has been, without a tenancy contract) has submitted her Notice of intention to quit our house that’s not our home!

To recap – after continuously querying the annual Tax Foncier cost, we were advised by letter sent from the Cadastral in 2010 that the property has always been, and will always be, residential only, due to it’s proximity to the village Church. The cadastre further advised us that both locataires, ie Monsieur C and the hairdresser, must find alternative accommodation/business premises, and the Cadastral would, as a matter of legal necessity, enforce that requirement.

Well, it has taken sixteen months, but, it appears that it’s now ‘one virtually down, one more to go’!

Do we envisage problems? Yes, we do, this is France! The hairdresser owes just under €4,000 for unpaid water bills. The Tresor Public has demanded that we must pay the unpaid bills, we have refused to pay; we advised the Tresor Public to cut off the water supply if the bills remained outstanding. The situation has been at a stalemate level for some considerable time.

If the hairdresser moves out of the property without paying her unpaid water rates, the onus of responsibility for payment of those unpaid bills legally falls on Tom and me – despite the fact that the hairdresser should not have been operating her business in our property, she has never had a rental lease or any kind of contract with us. We didn’t even know she existed until months after we purchased the property – the sellers, the notaire, the Immobilier, the former hairdresser, all had been aware of her impending takeover of the hairdressing business. Nobody informed us, we were told, by the Immobilier, the notaire and the original hairdresser, that the hairdressing business would be closed at the end of the 9 years commercial lease period in December 2007. We were given copy of an Attestation that confirmed what we were told. 

Madame ZC has advised us that the hairdresser actually had her Notice delivered by l’huissier (a French bailiff), a service for which she would have been required to pay. In fact, all the hairdresser needed to do was to send a Registered letter to Tom and me, and sending the letter to our house that’s not a home would have been legally considered as good enough! Tenants have virtually all the rights here in France, landlords (willing or not!) have very few rights. Certainly, a tenant who does not give Notice is very unlikely to be pursued, it is too costly in both time, effort and money!

Why has the hairdresser gone to time, trouble and expense to notify us, via l’huissier, that she is vacating? Well, we may be exhibiting classic signs of paranoia – that wouldn’t surprise me, but we honestly believe the hairdresser’s action heralds more trouble to come! I will be speaking with l’huissier tomorrow, for as long as my mobile credit lasts, after Tom has been seen by a doctor.


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The National Debt

February 2011 on the outskirts of Chateaubriant in Brittany wasn’t too bad, weather-wise, and March was even better, spring had sprung! So, Tom and I decided to take a chance and travel to the house in Champagnac to collect some summer clothing. The four of us only carry three changes of clothing each plus wash-bags; our tent, cooking equipment and sleeping gear virtually fill the boot of our ‘old girl’. So, other than when we replace with new any clothing and shoes that are outgrown or beyond needle and cotton, we transfer hot and cold weather clothing twice each year to and from the house. We really do have that off pat now!

We telephoned our friend, Madame ZC, to let her know we would be visiting and collecting our mail, and she invited us to stay overnight in her house to break the long journey. I suggested to Tom that we should perhaps try once again to sort out the hairdresser’s water rates issue with the Tresor Public in Saignes, as we could not persuade the hairdresser to take responsibility for her debt without our intervention. Tom agreed and I put all relevant documents into the car. Before doing that, however, I calculated the rental payments that had been made to the Tresor Public by Monsieur C and Mademoiselle S (the hairdresser), added to the amount that we had paid because Monsieur MA (our first avocat) had done a runner with our designated money, and I balanced the total against the taxes foncier and d’habitation that had been due for payment since 2008. The bottom line was an amount of +€1000. Tom and I decided to suggest to the Tresor Public that they clear the hairdresser’s outstanding water rates bill with that excess, we refuse to accept the rent payments, as advised by Monsieur MA right from the beginning. Off we set the following day, before sunrise.

We arrived at the Tresor Public just after 11am and were relieved to see the duty clerk was not our sellers’ relative. The relief was short-lived! Within seconds of approaching the clerk’s desk and laying our neatly printed paperwork in front of her, she just glanced at it and, without a word, walked into a back office. Tom and I were at a loss! What should we do? Stay or leave? People can be so rude, sometimes.

Just as we were walking towards the exit door, the clerk returned and literally slammed a jotter pad onto the counter, we just looked at her quite shocked. Then, she beckoned us over and started copying figures from a print-off. Eventually, the clerk turned the jotter around so that we could see the figures, and she pointed to the bottom line, it was nearly €2,000 less than my calculations and gave us a deficit, but I immediately saw the reason. I told the clerk she had miscalculated three years tax d’habitation, it had not been payable because my husband and I are both pensioners, and Tom was over 60 years old when we moved to France in 2007.

The clerk looked me squarely in the eye and said, “The house in Champagnac is your second home, you live more often in a tent, that is your primary home. You must pay taxe d’habitation for the house. You must also pay the water rates bill if you don’t sign the hairdresser’s Lease.” I calmly asked the clerk to put the details in writing, and I assured her that we would wait, she shook her head and said nothing further.

We walked out of the office and have not returned, we feel a return trip would be a wasted journey. We have never received a written receipt for, or a written breakdown of, the payments made by the locataires directly to the Tresor Public. We do know the annual rent payments made total €3,234:24, and the tax foncier last year was €806, after €200 was deducted due to changes at the Cadastre.

We’re quite surprised that France still has a National Debt!


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Red Letter Day – Which Address Is Ours?

Once again, I have been burning the candle at both ends, so I took a couple of days out of ‘cyber circulation’ to catch up with myself!

Two days ago, we had what is to us a red letter day, our forwarded mail finally caught up with us, ie mail delivered to our house that can never be a home between October 2011 and January 2012. Our sincere thanks, as always, to our friend and former neighbour, Madame ZC.

In the large brown package, we found a birthday card sent to me by my daughter and her family, for my birthday last October. There was also a Christmas card sent to us by my sister and brother-in-Law, our first contact for three years. So, two envelopes opened, and we were jumping with joy, a brilliant start. Then, the opening of two more envelopes revealed our Carte Vitale French health insurance cards! We have only waited two years for them to arrive! Unfortunately, because they have been issued to us in the Auvergne, where we are registered as being resident, and we travel all around France, we only have basic cover outside the Auvergne. So, the ALD (Affection de Longue Durée) status of my health issues will warrant 70% refund, not the normal 100% refund. Nevertheless, that’s a vast improvement on having 0% refund, despite having paid in to the system for years!

That was the end of the good news!

Digressing to our ongoing, three years old battle with the local Tresor Public in Saignes, over the hairdresser’s unpaid water rates bills. This is the hairdresser who has no Lease, no Rental Contract, no permission whatsoever from us to be operating a hairdressing business from our property, a property that legally can’t be used as a commercial establishment. The same hairdresser who we had not known about, had not met, before November 2007, ie four months after we purchased the house in July 2007. The same hairdresser who had purchased the previous hairdresser’s Lease as it was coming to its 9 years completion date, before we purchased; a purchase that was agreed by our sellers, and by the notaire, a purchase that the Immobilier had known about since June 2007, In short, everybody knew about it before we purchased, except us!

A commercial Lease extends for 9 years in France, and it is virtually impossible to prematurely end that Lease. Indeed, it is extremely difficult to refuse to extend such a Lease for as long as the Lessee wishes to continue business operations, for 100 years and more, if required by the Lessee!

Well, anyway, that’s the hairdresser who refuses to pay her business water rates bills! The Tresor Public insist that we must pay the hairdresser’s unpaid bills. That outstanding bill stood at just under €2,000 when we received our previous, forwarded post package in November 2011. However, the new unpaid bill stands at €3357:49, according to the facture we received in our brown package two days ago. There is a further water rates bill for €508:72, the 2012 water rates facture that the hairdresser will obviously not pay! The reality in France for us!

It appears that our house that can never be our home has one front door, but it has three addresses! Our address proper is one of only four properties in the village that is simply Place de l’Eglise, due to the connections between those four properties and Church grounds. There can be no commercial enterprises on the Church Square, aka Place de l’Eglise. So says the nice guy at the Cadastre.

Obviously, our sellers boxed clever several years before we arrived in France. The resident locataire, Monsieur C, has a different address to us, his address is Place de l’Eglise, Le Bourg. The hairdresser is right out of the frame where the Church rules are concerned, her address is simply Le Bourg, no mention of the Church Square.

As I say, we have one front door between all of us, even the nice guy at the Cadastre was rather bemused at our sellers’ manipulative stroke of genius!


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Water, Water, Everywhere!

With a regular income now under our belts, and our son was still managing to find a little low paid work for a few days each month, as a registered self-employed labourer in the Autoentrepreneur (AE) system, and despite the bite of the recession, we really believed our luck was turning. How foolish of us!

We received mail forwarded from Champagnac by Madame ZC, and we felt like burning the lot, as usual! The resident locataire, Monsieur C, had suffered a burst water-pipe towards the end of the winter. Naturally, he could not be expected to go without fresh, running water, washing and shower facilities, and his wc. So, not knowing how long it would take Madame ZC to contact us, Monsieur C had called an emergency plumber. The repairs were carried out, and Monsieur C had signed the devis (quotation) with Tom’s name! He then gave the devis to Madame ZC to forward to us for payment directly to the plumber, who was approximately 5 hours drive away from our location.

Was Monsieur C legally permitted to do all that? Apparently so, according to the staff at the Tresor Public when I telephoned the water rates section. The young clerk told me, authoritatively, that Monsieur C was responsible for paying his water bills, but we, the property owners, were responsible for paying for repairs to the water-pipes. I asked if Monsieur C was legally enabled to sign formal documents, ie the devis, using Tom’s name. There was a sigh and an audible Gallic Shrug, but no verbal response. I thought about that for a few seconds, then I let the clerk know what Tom and I would do. The clerk laughed – he sounded genuinely amused – then he said, “Madame, you will go to prison for harassment.” I laughed with him and told him that I would then, at least, have a warm bed off the ground. The clerk chuckled and wished me good luck, he sounded as though he meant that, too!

I located the letter, with other documents wrapped in a water-proof bag in the car boot, that Monsieur C had addressed to Tom and me two years before, and in which he had refused, point-blank, to have any repairs or restoration works carried out on any part of the property included in his Rental Contract. I photocopied the letter, and the devis, and I wrote a cover letter. I put the cover letter, copy of Monsieur C’s letter of refusal, and copy of the devis into an envelope, addressed it to Monsieur C, and I posted it to him by registered mail later that day. In the cover letter, I wrote, “This is a well-known saying, you can’t have your cake and eat it. We do hope you are now much more comfortable. Kind regards….” We have never heard any further about that burst water-pipe.

But, the Tresor Public enjoyed a lot of fun and games at the expense of our well-being throughout 2010, and that is ongoing.

The hairdresser, ie the young woman who is a non-resident, commercial locataire who operates from the residential, strictly non-commercial property, without a Lease or a Rental Contract, refuses to pay her water rates unless we sign a 9 years Lease Agreement for her to continue operating. Tom and I have just received an updated water facture from the Tresor Public, they insist that we must pay it, we refuse. The new facture stands at just under €1,900. We had never met that young woman until 4 months after we purchased the house that can never be our home.


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