RSS

Category Archives: Reflection

What Does The Future Hold?

Blogging our experiences has caused us grief, there’s no doubt in my mind about that! Quite simply, living the experiences put us on a roller-coaster that hadn’t stopped since July 2007. Being able to take time out from that constant movement during the past eight weeks gave us a false sense of security. My menfolk and I are tired, so very tired, and our emotions are raw. If that reads as dramatic or weak, I make no apology, we had long forgotten how to feel angry, disappointed, frustrated, betrayed and defrauded. All those emotions have returned, in force since I started writing this blog. But, we are well aware that we must keep going, there’s no way back, that’s reality.

On Wednesday this week, we ‘celebrated’ 5 years of living in France. But, we didn’t really celebrate, we just spent time recalling events of the past five years! Wednesday was a very solemn day in this household! I think our recent recollections, for this blog, had dragged all our emotions to the surface, emotions that we have constantly strived to keep under lock and key, metaphorically speaking.

So, on Thursday, to get us back on track, to buoy up our spirits without setting ourselves up for a fall, we talked about our future. Obviously, our plans are subject to that old adage, all things being equal!

We are fully aware that even an emphatic Cour de Cassation judgement in our favour will not immediately have a practical effect on our lives. Although our sellers would not be able to appeal the Court’s decision, they could use ‘accepted’ delaying tactics for up to six months, and force us to return to the Appeal Court to obtain legal enforcement. We firmly believe our sellers would do that. The only way that would be scuppered by the Cour de Cassation is if the Judge orders all arrangements to be finalised within 28 days. Such an Order can’t be undermined in any way, within the French justice system, that would be the final word. However, 28 days Orders are extremely rare in the French Supreme Court!

If we are awarded that 28 days Order, our sellers could then state that they have bequeathed all their assets to family members; our sellers are, like Tom and me, over State retirement age, they may already have done that, hoping to avoid giving us back our money! In that event, we would need to take our Case back to the Cour de Cassation for further consideration and judgement! The Judge could then place an Order on the family members to pay us. Although, that’s not likely to happen! Most likely, the Judge would make an Order for the sellers’ bequeathed assets to be sold by auction, and for us to be paid out of the profit. That would take time, estimated at 3 to 5 months.

Prior to bringing the lawsuit to the first Tribunal, our (then) avocat, Monsieur MA, ran checks to ensure our sellers had the funds or assets to use for settling repayment to us. The outcomes of those checks revealed that our sellers were property €millionaires. Had they not been in a position to refund us for the house purchase, it would not have been in our best interests to bring the lawsuit. We were assured by Monsieur MA that our sellers had the assets, even if not the ready funds, to refund us for the fraudulent sale.

Yet another aspect for us to consider is the fact that the Courts now know our sellers also defrauded the State, through tax evasion. It is possible that the more recent charges will take precedence over our Case. We have no way of knowing if the tax evasion charges are being dealt with even as we wait for a Cour de Cassation hearing date. If the tax evasion Case is under way, we may yet discover that the State will be paid before us!

But, all things being equal, we plan to purchase building land in France, and to have a property built, a ‘pukka  log cabin’, in our grandson’s words!

Advertisements
 

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

A Reflection On The Appeal

Family and I have met so many wonderful people during our hobo years in France, some are now counted as being among our closest friends. Without doubt, one close friend is a super gentleman named Pete, and his family of pets that consists of Alf the Hound, and Misty and Arry, ie two cats that remind me of T.S. Eliot’s Jennyanydots (Misty) and Skimbleshanks (Arry)! After leaving Janet and Mark’s camping site in the Deux-Sevres, we spent the next six weeks with Pete’s pets in a beautiful medieval village in the Tarn-et-Garonne, during November and well into December 2011.

Sadly, Tom’s health had been deteriorating for several weeks; one chest infection after another had rendered him virtually unable to walk and breathe simultaneously. Emphysema is an insidious disease that is included in a group of lung diseases known collectively as C.O.P.D., Chronic Obstructive Pulmonary Disorder (or Disease). So, after a visit to the local village doctor and the dreaded diagnosis of pneumonia, Tom was confined to the house and loaded up with antibiotics, steroids, nebules for his nebuliser, and inhalers. To say we were extremely worried about him is an understatement. The bottom line is that family and I seriously thought Tom would not survive that dreadful infection.

Here, and with all honesty, I will say this, for the first time throughout this saga I became extremely angry, very bitter, very frightened, and I wrote to the ECHR to tell them how I felt, how we all felt as a family in fear of losing one of our own to death. We did receive a response, quite quickly, acknowledging receipt of my letter and telling us that it had been included in our Case file. The letter went on to tell us to notify the ECHR as soon as we receive correspondence from the Cour de Cassation; and so we continue to wait!

Tom’s health issues, specifically emphysema, were included in the reasons why we needed to have a lift installed at ground level, to access the first floor of the house in Champagnac. Emphysema doesn’t go away, it can’t be cured, it can only be treated according to the level of advancement, existence and severity of infection, assessment on a day to day basis. Tom can develop a chest infection overnight. We did our homework before moving to France, we knew exactly what types of property we needed to purchase, we knew exactly what provisions needed to be put in place to meet Tom’s needs as a disabled person. That was all deemed to be of no importance by the Riom Appeal Tribunal, in December 2009.

Through life experience, I have found that anger and bitterness are generally counter-productive, but, occasionally, human nature over-rules the need for cool, calm consideration!

Towards the end of our six weeks with Alf, Misty and Arry, Pete returned home and invited us to stay as long as we wished; the house was spacious with several bedrooms, and we all got on like a house on fire! How many people would make such an offer after knowing a family for what, in reality, amounted to no longer than a couple of days?

However, we were booked to cover Christmas and the New Year just outside Royan, a ‘sit’ that we anticipated with much pleasure because the ‘sit’ was for another very close friend, Sue, and we have a great love for her two dogs, Tchica and Elmo. A bonus, Royan is on the same coastline as Saint-Georges-de-Didonne, our favourite coastal town in all of France! Bormes-les-Mimosas, on the Mediterranean coast of France, comes a close second, but hasn’t quite got the edge!

The 17th December 2011 saw us heading back up-country, away from the Tarn-et-Garonne and towards Sue, Tchica and Elmo, just outside Royan. We were driving through yet another major tempest, with another Christmas on our minds as we travelled, our fifth Christmas as hobos in France. But, at least there were still four of us, that was all-important!

 

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