RSS

Tag Archives: avocat

How The Zest Was Won…Back!

Since receiving the ECHR knock-back, family and I have been swinging back and forth between feeling defeated and depressed and positively determined! The former emotions have far outweighed the latter, I have to confess. Never mind a river, I think we have cried an ocean of tears between the four of us!

Each time we read back through the various Courts’ decisions, we find another anomaly that just should not be there. There are a couple of good examples to follow –

In the Riom Cour d’Appel judgement:

The justices declared that we had not submitted any written evidence of our need for sole use of the garage in order for a disabled persons’ lift to be installed. Monsieur C had stated (in his Attestation to the Appeal Court) that the garage was “mon garage” and he had sole use of it in accordance with his rental contract with our sellers. The justices also declared that the Plannings, produced by our architect, Monsieur G, were signed and dated July 2007, ie ‘far too late for the notaire, the sellers and the Immo to consider before completion of the sale/purchase processes’.

I’ll break that down and clarify a few points.

The justices declared that they “recognised the sellers’ fraud”. Right, then, that’s clear enough.

The justices did not acknowledge that we had not even been aware of Monsieur C and his rental contract, pre-purchase, even though Monsieur C confirmed the facts in his Attestation to the Appeal Court and the justices declared that they accepted those facts!

The justices made no mention of the original Plannings that include detailed drawings of the disabled persons’ lift – all copies hand-delivered to the notaire (by the architect), to the Immo (by us) and to the sellers (by the Immo) – signed and dated 2nd April 2007, not July 2007, ie before we even signed the Compromis de Vente!  

The justices made no mention of the copy medical documents and the EU Blue Disabled badge submitted by us as evidence!

Doesn’t it pong just a little?  

Our first avocat requested copies of all documents relevant to the property purchase. He also required the original property Deeds for ‘the property returning processes to be administered swiftly after the Judgement’, he was adamant the justices’ decision would be in our favour.

Despite telephone calls and emails from us (in January, February and March 2013), our third avocat has still not returned our file to us, including the original property Deeds!

But, never mind, the current notaire’s assistant told us that is not an insurmountable problem. We’re not so sure.

The current notaire has called for copies of all Monsieur G’s Plannings documents, including the DDT, etc. She is not able to give Monsieur C his marching orders via expiry of tenancy lease, but, she can and will send him packing when she writes to inform him that the entire property is being returned to single home status!

Wow! We didn’t know that could be done! But, obviously, our first notaire would have known it could be done in 2007!

The current notaire will apparently be handling it personally and she will be sending the legally binding formal Notifications via the people who originally placed Monsieur C in the property, the Social Services. The latter agency apparently has a duty of care to re-home Monsieur C. The notaire is a Government Agent of ‘she who must be obeyed’ status!

In the meantime, the current notaire and the European Ombudsman are in total agreement – we must now direct three separate complaints, in writing, to the ‘overseeing bodies’ for notaires, avocats and Immobiliers. The grounds, in each case, are incompetence and unprofessional conduct, we have been strongly advised to demand compensation. We have also been provided with the relevant names and addresses of the overseeing bodies.

So, that’s my job for tomorrow. No peace for the wicked!

More to come – a warning for the folks who rent out their properties in Saujon (in the Charente-Maritime) and in Poitiers (in the Poitou-Charente)! It appears that Monsieur C will probably be moving to a rental property near one of you! Er…forewarned is forearmed if you have an empty rental property at this moment! He has already checked out Saujon and he likes what he saw; he will be conducting a recce in Poitiers at some point during August!

Wink! Just thought I would let you know!

It’s now looking possible that our current notaire will not need to give Monsieur C the Order of The Boot! Although Monsieur C was seemingly quite determined to remain in our pile for eternity, when we first arrived on Sunday 7 July, he appeared to have changed his mind by Tuesday 16 July!

But, we’re not leaving anything to chance or trust – we feel that taking a chance on the locataire doing as he says he will do would be a fool’s game, and we don’t trust him as far as we can spit as individuals! We still do not have a copy of Monsieur C’s rental contract. ‘Owzat?

Also to come – how Tom and I met up with (after a number of aborted attempts!) delightful Tottie Limejuice (of the brilliant “Sell the Pig” book fame, here’s a link, Control+click to access)

http://www.amazon.com/Sell-Pig-Tottie-Limejuice/dp/1480274917?tag=duckduckgo-d-20

in company with her lovely friend, Gill (or Jill, I didn’t ask, d’oh!), in the panoramic, awesome Cantal volcanoes country! Oh boy, you have to drive over (using the bridges, of course!) and around those sheer precipices and spectacular craters to fully appreciate the beauty – and the fear!

Advertisements
 
12 Comments

Posted by on July 20, 2013 in World

 

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

They Can’t Keep Good Hobos Down!

What a week it has been, more ups and downs than some fairgrounds can offer! Family and I have sunk into the depths of despair, we have rocketed up to virtually float on the highest cirrus clouds, and we have moved into the weekend with a balanced level of cautious hope in our hearts.

Yet again, good friends have provided us with unreserved support, kindness, encouragement and sincere offers of as much help as they can possibly give. So many people, who we didn’t know and who didn’t know of us before this week, have offered advice, guidance, kindness, information and support. Yes, we live in what can be a very cruel world, but, this week, we re-discovered the good that is also in this world! Good that is probably often smothered by the big selling power of bad news.

Receiving the knock-back from the ECHR sent me scurrying on a mission to find out if we could still take our house Case to the Cour de Cassation. I could not believe that all the fraud, corruption and injustice would win the day. Without doubt, I started this week looking and feeling at least twenty years older than I am! But, when I looked at the utter despair on the drawn, grey faces of Tom and Paul, I knew I had to make an effort to find a way to raise hope.

This is how we have survived the past few years. When one or other of us is down, the others pick up the fallen Hobo! On this occasion we were all down, but it took only one of us to get the ball of hope rolling again and to crank up momentum!

Grandson, of course, was totally oblivious to our very heavy sense of defeat; we ensure that he is always protected from this aspect of what we know as ‘real life’. He is too young to be burdened with such pain, sadness and futility.

After publishing my last blog post, I received so many messages from folks who were genuinely astonished by the fact that the ECHR had accepted the blatant lies issued by the Cour de Cassation Bureau d’Aide. Until the day I draw my last breath I will know that I did submit all documentation required to assess our total global income for Legal Aid. Nothing will change that fact.

One of the messages was sent by Catharine Higginson of SFN (Survive France Network). Catharine kindly invited me to post about our house Case situation in the specific SFN Group where there is an adviser with grounded legal knowledge. My first thought was that s/he might not want to become embroiled in our complex saga! But, I followed Catharine’s advice and posted a brief summary of events covering the years from July 2007 to the day, this year, when we received that shocking news from the ECHR.

Nothing ventured, nothing gained!

I had posted links to my most recently published blog on Hobos In France Forum (HIFF), on Facebook, in the Hobos Facebook Group and on Twitter – my usual practice. Although I didn’t post a link in my SFN summary, I soon discovered that several SFN members were already following my blog; some had subscribed, as long ago as January 2012, to receive notification of new blog posts as and when they are published. Within hours of publishing my new blog post, I was contacted by a wonderful gentleman who offered me access to his subscription to a website offering bona fide legal advice on any matter of law, including French law. My family’s benefactor wishes to remain anonymous, he knows who he is and we will always remain indebted to him.

I gratefully accepted the offer and my first question was submitted to the website experts. Briefly, are we able to have our Case heard at the Cour de Cassation if we pay the (approximately) 4000€ to 6000€ legal fees to our (third) avocat and the specialist Cour de Cassation avocat? The reply was, ‘No.’ We were out of time eight weeks after the Riom Cour d’Appel Judgement was given in December 2009, although that was extended to July 2010, as we discovered this year!

Whatever, the Bureau d’Aide had received the essential documents well before even the July deadline!

The legal expert who answered my questions is a Paris Court Judge. He went on to comment that he could not understand why we were offered opportunity by the Cour de Cassation Bureau d’Aide to re-apply for legal aid in October 2012.

I didn’t go into details, but I did include the fact that the Riom Cour d’Appel Judgement included the statement about recognising the fraud of the sellers, and, further, that the Court stated it had no French law in place to enable the justices to give a Judgement in our favour.

I then asked the Judge if there is a Court that might consider our Case, other than the ECHR?

The reply came back very quickly, yes, the EUCJ will consider our Case.

I returned to the Judge with one last question, are we out of time to take our Case to the EUCJ?

The reply arrived within a few (rather nerve-wracking!) hours. Given the circumstances, ‘No’, he did not believe our Case would be ruled by the EUCJ as being out of time. In my next blog post, I will be able to let folks know what the EUCJ can do about our situation.

So, our Case is going, as swiftly as possible, to the EUCJ in Luxembourg. Voila!

I have much to do, including arranging the retrieval of our file from the ECHR. That mini forest contains all the evidence of the treatment my family and I have been subjected to throughout the (almost) six years that we have lived in France.

In the meantime, RSI, that superbly efficient representative of worst bureaucratic practice, has lost the two S1 forms that we posted (LRAR) at the beginning of this month! In the same envelope, we placed all necessary copy documents, including the two S1 forms and the completed form that is relevant to my RSI issued carte vitale. Tom is legally entitled to ‘piggyback’ on my carte vitale until we move over to CPAM at the end of April. We’re dreading the changeover, I make no bones about that!

Yes, I know, how can we expect better bureaucratic administration, we live in France! Chuckle!

But, one day, they will all realise the fact that they can’t keep good Hobos down!

Now, where is that ‘wink’ Smilie! 😉

 
24 Comments

Posted by on March 23, 2013 in World

 

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

Money Flowing Like Water

Just before we headed back to the Dordogne, Tom and I travelled to Champagnac to collect our accumulated mail from our good friend and former neighbour, Madame ZC. As we pulled in outside our house that can never be our home, several neighbours were standing, chatting, in the Place de l’Eglise, they looked towards us as we left the car. Within seconds, they had all joined us and were talking ten to the dozen, shaking hands, kissing us on both cheeks, as we struggled to keep up with their excited questions. Eventually, our former next-door-but-one neighbour, Madame ML, a retired Moulin Rouge dancer who had retired many years before to the commune of her birth, Champagnac, from Paris, took control and politely asked us if we had returned to stay, and had we won our fight for justice against “the people who have treated you shamefully”. Briefly, with Madame ML translating the more complex aspects of the French language, we clarified our current position to the dozen or so villagers who were clustered around us, and who were listening intently. Each and every face dropped and they became still and silent as we spoke. Then, gently patting Tom and me on our shoulders, kissing our cheeks again, they all wished us good luck and started to walk away.

Suddenly, Madame ML, who must be in her late 80’s, possibly older, slowly walked back to us, hugged us both and told us, “You are very strong. You are strong like la résistence, you will win. Have faith in your family strength.” That was very encouraging for us, especially during the months to come!

There was a lot of mail for us to open. But, we recognised a Toulouse postmark on an envelope, and we opened that envelope first. Inside, there was a neatly worded facture (a bill) for over €4,000, the anticipated cost of the forthcoming Appeal hearing. Tom and I were stunned, we had already paid that amount towards the Appeal, to Monsieur MA months before. I telephoned Julia’s office and spoke with the office secretary, she politely advised me that Julia was in hospital but she would ask Alexandra to contact me as soon as possible, hopefully, later that same day. We were given to understand that Alexandra was our replacement avocat, in view of Julia’s severe health issues.

Somewhat reluctantly, we opened all the other envelopes – Foncier and d’Habitation property taxes, water rates, Social Charges! A total in excess of €3,500.

Water rates of over €1,000? Yes, water rates payable by the hairdresser, but the hairdresser had refused to pay for the water she used, because we would not sign her Lease Contract!

Social Charges? Yes, because our locataires were paying rent – not to us, because we refused to receive or acknowledge payment of rent, as we had been advised by Monsieur MA. The rent payments were received directly at the local Trésor Public (Council Tax Office), to pay the annual property taxes. Both rents had apparently never been increased since the late 1990’s when Madame T had initially started renting out parts of the house, so the monthly rents were, in Monsieur MA’s words, ‘Little peanuts, just enough to pay the annual taxes for the property, if they do not increase too much before your Case is resolved.’

Taxe d’Habitation? Tom was 63 years old, and we didn’t (couldn’t!) live in the property. That was apparently of no relevance, because the house was considered to be our maison secondaire (holiday home), our tent was considered to be our main home, and we were considered to be rolling in money because we had “two homes in France”! The facture was for the difference between what had been paid via rent and what the Trésor Public estimated was still owed from the previous year’s facture!

Tax Foncier? Yes, the majority of us must pay that property tax. But, the facture was for the difference between…yes, as above!

It was obvious that Monsieur MA had not done with our money as we had instructed, and entrusted, he had just banked it for himself, and for the new business venture he has since started as an avocat!

It took the lion’s share of the rest of 2009, plus all of 2010, plus the first half of 2011, to prove we did not owe the money demanded in the envelopes that we opened that day. Well, we’re still battling over the water rates facture that now stands at €1,900, and is still rising, despite Tom and I formally requesting that the water supply to the building be turned off!

 

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