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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! 😉

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Posted by on March 23, 2013 in World

 

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The Start To An Annus Horribilis

January 2010, the beginning of what was to be our worst year as hobos in France. As we waited for news about Tom’s progress in the UK, I received an email from Alexandra to say the Bureau d’Aide had not accepted our 2008 income tax assessment that consisted mainly of capital realised before we moved to France. The Bureau insisted on having our 2009 assessment. I quickly replied, reminding Alexandra that the 2009 figures would not be declared until May 2010, in accordance with the French income tax system, and the 2009 assessment would not be with us until August 2010. She telephoned me and became quite upset that I didn’t have a 2010 tax declaration form on which to record our 2009 income, telling me to “go to Aurillac and get one”!

Eventually, and after much logical persuasion, Alexandra realised that I was physically unable to provide the Bureau d’Aide with our 2009 income tax assessment form. So, she advised me to write to the Bureau d’Aide, and to send all the evidence I could find to prove our income and any savings for 2009. A taller order than she could ever have envisaged, bearing in mind that we could not carry our household filing cabinet – but, we did it, with a struggle!

However, everything was bounced back at us a few weeks later, the Bureau d’Aide bureaucrats did not believe that four of us had survived the year on a total income of just over €8,000, net of taxes, bank charges, and the last of the EDF and telephone bills relevant to the house in Champagnac. Of course, that €8,000 didn’t include the cost of running the car all over France, but I had sent receipts for all vehicle repairs, fuel, insurance and toll charges. But, the €8,000 did cover the cost of camping site fees and a couple of B&B bills, receipts also sent to the Bureau d’Aide. It’s amazing what one can do when somebody says, ‘You’ll never be able to do that.’ Hobo Stew is a favourite dish in our household!

Tom was discharged from hospital after five days, but he was readmitted a couple of days later, another toe was infected, more surgery was necessary, Tom’s right leg was infected from toes to groin. Tom now has three and a half toes on his right foot, and he responds with a grin to being called ‘Tommy Hobbit’, Bless him. His brother, Martin, came through his medical emergency and has since undergone surgery to implant an ICD (Implantable Cardioverter Defibrillator).

Alexandra was at a loss as to what to do next, we had received a letter from the Bureau d’Aide telling us we were out of time to apply for Legal Aid. We spoke on the telephone and I asked her to help me to apply to the European Court of Human Rights, we could not let this go. Alexandra was clearly horrified at my suggestion, and she told me we had no Case to take to the ECHR at that time, but it would be a consideration after the Cour de Cassation judgement was made. Catch-22. We couldn’t file at the Cour de Cassation without paying the cost, up front, of two avocats. Paying those fees would have left us with no money on which to live. We had to secure that Legal Aid, but Alexandra had backed away, that was the last contact we had with her. Although, we did receive an emailed new year message for 2011, and again for 2012, with a brief assurance that she remains at our disposal.

As Tom was heading back to France from the UK in February, I was hand-writing our nineteen pages of application to the European Court of Human Rights, Strasbourg. Computers and printers don’t work in a tent, the plugs drop out of the holes in the walls!

 

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