RSS

Category Archives: letter

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?

Advertisements
 

Tags: , , , , , , , , , , , , , , , , , , , , ,

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.

 

Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Phew! Close To Being Deported

2011 brought a lot of health problems for Tom and me, but, at our ages we don’t expect to have robust good health, especially as we both had pre-existing health conditions before we moved to France in 2007. However, we are convinced that our health has deteriorated far more quickly, due to harsh weather conditions spent living in the tent, than would have happened if our ongoing housing situation had never arisen.

The other two members of our family who have lived this life with us, have thrived! They have not lived according to their expectations, but they’re both young enough to take a lot of positive experience from the past 4+ years. Whereas, in truth, Tom and I feel the bottom line is that we have had 16+ years stolen from the four of us, to date, and those years can never be returned to us. They are lost to us forever, and not only to us, but also to our family in the UK.

However, thanks to supportive, caring friends, here in France, we have survived so far! Although, we did wonder if we were about to be deported back to the UK, in May 2011. Once again, as has been the case every year since 2009, we had not received our French Tax Declaration form, and we set off to Mauriac to complete the form in the Tax Impots office.

We waited to be called to the desk by the duty clerk, and I gave her copies of our previous year’s French Income Tax Declaration and Assessment documents, containing all the information she needed, with evidence of my pensions increases. The clerk read the documents, looked at us and asked for our Carte de Sejour. I was ready for that! I handed over our Residency Certificate to her without saying a word. She looked at it and said, “This is out of date.”

Tom and I were dumbfounded, I replied that we didn’t actually need a Carte de Sejour or a Residency Certificate, being British citizens living in another EU State, and owning our only property in that EU State. The clerk looked at me and said she would not give us a Tax Declaration form until we provided a current Carte de Sejour, or an updated Residency Certificate stamped and signed by the Champagnac Mayor.

Without completing a current Tax Declaration, and sending copy of the ensuing French Income Tax Assessment to the Bureau d’Aide, we would lose our right to Legal Aid. I explained that to her, she shrugged and looked away from us, just couldn’t meet our eyes!

I was close to tears! Turning to Tom, I said, “What have we done wrong?” He shook his head, took my hand, then, in English, he said to the clerk, “We’ll get a new Residency Certificate and will post it to you.” The clerk understood, she nodded and waved us away from the desk, saying, “You must get one soon, or you will have to return to England.”

Tom and I drove to Champagnac, to the Mairie, where we spoke with the office staff, we know them all! Jacques, the Mayor, was in a meeting, but the senior receptionist was horrified when I told her what had transpired with the Tax Impots clerk, she said, “You don’t need a Carte de Sejour or a Residency Certificate. This is stupid, she is racist.” The ladies made us coffee and asked how we were managing, they were obviously, genuinely angry and very upset at what had been going on in our lives. Within half an hour, we had the updated Residency Certificate to hand, and we left the office after being kissed on both cheeks by all three Mairie ladies! We climbed into the car and headed back to Brittany.

I completed the tax Declaration form and posted it, with enclosures, to Madame Cosson at the Tresor Public in Mauriac. I also included a brief letter to explain why we were sending an updated Residency Certificate, and why we were sending the enclosed documents to her, ie a person we trusted. We received our Tax Assessment document in October, a couple of weeks earlier than usual, and we immediately posted off copies to the Bureau d’Aide in Paris, and to the ECHR in Strasbourg.

We received acknowledgement from the ECHR within a few days. As usual, we received nothing from the Bureau d’Aide! But, every letter we send to bureaucrats and Courts are sent LRAR (Lettre Recommandé avec Avis de Réception aka Registered Mail), We track them on-line until we see they have been received, accordingly with a signature, because the receipts are always sent to our house that can never be our home.

We wonder what will happen this year!

 

Tags: , , , , , , , , , , , , , , , , ,

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!

 

Tags: , , , , , , , , , , , , , , , , ,

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!

 

Tags: , , , , , , , , , , ,

The Reality For Us?

I must first apologise to readers who may have found my previous two blog posts somewhat confusing and little short of chaotic! But, that’s how it was for family and me throughout 2010. There were very few periods of peace and stability, our lives were anchored only by the unconditional support of good friends, including a family who will be anonymous because they, too, have suffered great hardship due to corruption, theft and fraud during their property purchasing processes in France.

One day, they may decide to take it further, it is never too late to seek justice.

The family gave us our first home, ie a caravan, since we had left Champagnac in 2008. We were able to sleep off the ground, with a solid roof over our heads, not far from the bank of a truly beautiful lake. They included us in family leisure activities and events, introduced us to their extended family and friends, both British and French, and for a brief period on several occasions during 2010 and 2011, we felt totally ‘normal’!

If this blog is being read by any member of the family, you will know who you are! Thank you for your unconditional support, despite having your own very heavy cross to bear. Our promise remains, if Tom ever wins a EuroMillions jackpot, half will be yours; our half will spread very well around our family and other good friends!

Well, we never know what’s around the corner, and we always try to see that our glass is half full, not half empty!

2010 was a year that will remain forever inscribed in our memories as the year in which our well-being and dignity were almost buried under bureaucracy, and under the knowledge that corruption in this physically beautiful country always lies sleeping  beneath a vividly ugly side that is only ever masked. During our quality time with the family to whom I am referring, I spoke with a number of their French friends and neighbours; it was their observations and life stories that showed us just how unfair and difficult life can be for so many French families, some of whom have also seen behind the mask.

Whoever enters the Elysée Palace as the newly elected French President, later this year, has a lot of work to do to inspire at least some of the people of France, where justice versus corruption is concerned!

Christmas 2010 found us, once again, pet/house sitting for Sue and Rick near Montpon-Ménestérol in the Dordogne. It was a bitterly cold Christmas, with a lot of snow falling throughout December – we had an emphatic White Christmas, our third in three years, but, thankfully, that one was also not spent in the tent! Our poor ‘old girl’, our car, had covered some 50,000kms during that year, and she was struggling! So, our Christmas present to ourselves was to get our ‘old girl’ rested, appropriately ‘medicated’, and back on her wheels ready for 2011.

The beginning of February 2011 saw us heading further north in France than we had ever wandered before, to a pet/house-sit on the outskirts of Chateaubriant, in Brittany. There, we were given the warmest possible welcome by Nikki and her ‘menagerie’! We remember all the names of the animals we have cared for over the years, and Nikki’s pets are no exception – 3 dogs, ie Dippy, Hector and Forest; 4 cats, ie Marmalade, Spice, Boo and Ghost; Nanny the Pygmy Goat; Jerry the pony; the goose and the gander, nicknamed, by me, the Gruesome Twosome, the gander can be a very feisty fellow, and the chooks. We had some fun and games with that little lot during the coming months! We still call them the ‘Super Squad’! Just as we still call Diane and Brian’s not-quite-101 tortoises the ‘Boys & Girls’!

Sadly, the Super Squad is now two members short. Dippy passed away after undergoing what should have been a simple veterinary procedure, when Nikki was back in France on holiday with her pets; and she emailed us, not too long ago, to let us know Nanny the Pygmy Goat had also passed away, of old age.

By the time we arrived in Brittany, we had come to the conclusion that there was nothing else left for us to do, with regard to the house Case, and now was the time for me to resolve my increasing health issues. Sadly, that was not to be! Again, before we had cleared the winter months, the bureaucratic forces were upon us once more, and, in response to my calmly delivered complaint about corruption in the Tresor Public in Saignes, I was equally calmly told, “Madam, this is the reality for you in France.”

 

Tags: , , , , , , , , , , , , , , , , , , , , , , , , ,

On A Roller-coaster!

As the wheels of 2010 slowly turned, I began to feel quite depressed and bogged down with the sheer volume of paperwork, obstacles and worry that seemed to be never-ending. I was burning the midnight oil, writing letters, collating information, honouring my commitment to the forum moderating team, and putting together the facts of our house Case to create the main points for writing a book.

Never a big eater, and hating the texture of meat, I was by then living on cereals, cheese and crackers, and tea; I never seemed to have the time to eat a meal! In truth, I probably didn’t make the time! I lost a terrific amount of weight, there was more fat on a chip, and I started to feel quite unwell at times. Having Type 2 diabetes, high blood pressure and cholesterol levels, and an historically ‘dicky ticker’, were obviously at the root of my general malaise. But, I had stopped taking medication for the diabetes and cardiac issues when we were becoming so short of funds towards the end of 2009, and I was so busy all the time during 2010, I begrudged the time to see a doctor.

Tom and I have both been seriously ill during our nearly 5 years of residency in France; living in a tent has certainly not been helpful, but, unlike Tom, I received the best medical care I could have had, although we had to pay for it all – but, that’s another story! However, in 2010, I really did begin to wonder if either of us would see the house Case through to the end. Tom and I were feeling very tired, but we were all feeling as though we were on a roller-coaster!

Something had to give, and family and I needed a positive boost to keep us focused!

We hadn’t heard further from the Bureau d’Aide about our legal aid application since we had received notice that we were “out of time”. However, in August 2010, we received a letter from the ECHR. We were advised to send copy of our forthcoming 2009 French Income Tax Assessment directly to the President of the Bureau d’Aide, in order that we could be considered for legal aid funding. That was the breakthrough we needed. In November, we posted the required copy document to the President of the Bureau d’Aide, our income tax liability was zero, we were below the threshold, as we knew we would be. By return, we received a demand to know how many French Benefits we were receiving, and how much money in total. It gave us quite a lot of pleasure to reply that we were not receiving any Benefits from the State, and we had not ever claimed any Benefits from France. Voila!

We have not heard since from the Bureau d’Aide, but the ECHR periodically sends letters to enquire if we have received communication from the legal aid office. Apparently, once we receive a legal aid award notice, our Case will be heard at the Cour de Cassation, in Paris, within six months to one year, at latest.

As that was going on, Madame Cosson at the Tresor Public in Mauriac, who had written to us earlier in the year, was making some headway on our behalf with the Cadastre in Aurillac; she was also ensuring that ‘historical’ income tax matters were being guided in the right direction towards full clarity! Two rooms, a garage, a part of the rear courtyard and a section of loft, that once belonged to the property we had bought, had been sold to the next-door neighbours, but the sale was never declared by our sellers, not to the tax man, not to the Cadastre. The property that we bought no longer has the dimensions for which we paid! On the plus side, our annual tax foncier has decreased by one-fifth! Sadly, there is no refund payable for the previous years! France doesn’t ‘do’ refunds further in arrears than twelve months.

In addition to that startling revelation, the (several) residential locataires who had apparently paid rent to our sellers had also not been declared to the tax man. Monsieur C, being the last of those residential locataires had, in fact, provided all necessary hard evidence of the tax evasion to the Appeal Tribunal in Riom, in December 2009. Even more of a surprise to us was the fact that another previous locataire of our sellers, a retired postman who still lives in Champagnac, had also given evidence against our sellers! That evidence was  presented to the Appeal Tribunal in Riom in December 2009.

By Christmas 2010, all the fresh evidence of fraud and tax evasion against our sellers had been filed at the two Courts, ie the Cour de Cassation in Paris, and the European Court of Human Rights in Strasbourg.

2010 was a very long year for us all, and Madame Cosson certainly ensured the end of that year was looking much more positive for us than the beginning of the year.

 

Tags: , , , , , , , , , , , , , , , , , , ,