Ding dong merrily – a high,
The avocats are singing!
Ding dong, verily say I,
Their excuses are all minging!
Having survived several bouts of handbags at dawn as SFR and France Telecom battled for supremacy whilst we languished without internet connection for an entire month, I’m delighted to return to the land of techie living! Although, I do wonder how long this uneasy truce will last, a degraded line and a drop in mb power to accommodate that poorly line have been firmly established as an existing double whammy force with which we will need to grapple again in the not so distant future, I’m certain of that!
Well, this is France – c’est la vie!
During our enforced techie silence, snail mail has been slipping back and forth between me and a couple of overseeing bodies. Bless ’em, not one has accused us of posting empty envelopes to their offices, they’re proving to be far more honourable than a certain clerk in the Cour de Cassation Bureau d’Aide in Paris!
Have we progressed?
Well, le batonnet (French barrister) who is acting for the equivalent to the Law Society office, Toulouse, and who is handling our complaints about our first and third avocats, was the first overseer to respond, very seriously and quickly, to our initial letter outlining our full package of complaints. Since that first exchange of correspondence, our first avocat, Maitre MA (let’s give him his title, although, he didn’t have any respect for us, obviously!), has admitted via le batonnet some of his faults; he has held up his hand to a number of his negligent errors that occurred throughout the course of his administrations relevant to our vice caché Case.
As correspondence gathered pace and content, it emerged that Maitre MA had appealed his dismissal from the Cabinet where he was employed during those early days when he was supposed to have been collating evidence and building our Case for the Grande l’Instance Court. His appeal was also dismissed. ‘Nuff said!
Although Maitre MA put up his hand to much negligence, and that negligence might well have condemned our Case to failure from day one, he could not resist passing some of the buck to our third avocat, Maitre AB.
The section of buck that Maitre MA attempted to pass to Maitre AB concerns our missing (apparently!) Property Deeds, the Property Deeds that Maitre MA was adamant he required to hold in his little hot hand before he could file our Case at the Grande l’Instance Court. His insistence was based on his ‘professional need’ to ‘finalise the return of the property to the sellers at the earliest, after the justices announce their Judgement’.
What a load of rubbish! As things currently stand, it appears that our Property Deeds may have been lost in the “mess” found in Maitre MA’s office following his dismissal! Or, perhaps, he took our Property Deeds with him, along with other sections of our file that were missing when our second avocat took over our vice caché Case? Who knows, we don’t! Maitre J, our second avocat – who collated sufficient evidence out of the wreckage left behind by Maitre MA to ensure recognition by the Appeal Court Judges of our sellers’ fraud – told us she could not find the Deeds in the “mess”. We believed her without reservation, that lovely lady did a wonderful job for us against all odds. Our third avocat, Maitre AB, clearly did not ever see our Deeds – although, she has admitted ignoring our plight and our requests for our file to be returned to us!
Anyway, you’re out of luck with your attempt to pass the buck regarding our missing Property Deeds, Maitre MA. Hah!
We are now waiting for a decision to come from le batonnet at the Ordre des Avocats, Toulouse. Our Case could be returned to the Cour d’Appel, Riom, for further consideration and a fresh Judgement. Or, bearing in mind that we have a potential buyer, ie our longstanding tenant, Monsieur C, who has made his intentions clear in writing (more about this later) and copies have been sent to the various overseeing bodies , we could be awarded compensation by the Ordre des Avocats, rather than the Case being thrown back into the litigation swamp. Or, we could simply receive a letter that drips empathy, sympathy, shock and horror – and nothing else!
In the meantime, the Board at the Chambre des notaires du Cantal is also now considering the evidence supporting our claim that the notaire who administrated our property purchase failed us miserably! More about that later, too!
FNAIM, aka La Fédération Nationale de l’Immobilier, is the overseeing organisation that, supposedly, protects the interests of French Immobiliers (estate agents) and their clients! Last week, we received our first response from FNAIM to the letter that we sent to all the overseeing bodies on 15 November 2013. Here’s a link to the full Monty for anybody who can be bothered:
Wow! They’re quick on the draw – not!
Interesting response, too!
Well – no surprises!
FNAIM have told us, in their letter, that they can’t/won’t get involved because we took the Case to the Courts, simple as that!
Ah, but, late in 2007, Monsieur C complained to FNAIM that our Immobilier, Monsieur F, was harassing him to move out of the property that we had recently purchased. We knew nothing about the harassment until Monsieur C told us about it in 2008. FNAIM replied that they could not/would not get involved until after Court proceedings had concluded with a Judgement. We have a copy of that letter!
Oh my! Cette ambiguïté! One for the Ombudsman, methinks, we need to give him/her something to do!