RSS

Tag Archives: dossier

Dare We Even Begin To Hope?

This morning, we received a letter from the Ordre des Avocats at the Cour de Toulouse, aka the Regional Law Society that is investigating the incompetence of our first and third solicitors, Maitre MA and Maitre AB, respectively.

We were very surprised to receive the response so quickly, but we are delighted! We’re not sure if the Post Office will be open tomorrow morning, as tomorrow will be a public holiday – at least, the afternoon will be a public holiday, ie All Saints Day. However, if we can’t post our response to the Ordre des Avocats tomorrow morning, we will get it off on Saturday, or Monday at the latest. In the cover letter received, we have been asked to submit any evidence we might have to further support our complaints made against Maitre MA.

Pas de problème!

When our response, with any evidence, is received by the Ordre des Avocats, a decision will be made by them regarding our complaints against Maitre MA. We don’t know for sure, but we think Maitre AB may well have already passed our file to the Ordre des Avocats.

The cover letter was accompanied by a copy of Maitre MA’s response to the complaints we have laid against him. Here’s the gist of his response.

He stated that our house Case was complicated, but he said he had collated sufficient evidence for our Grand l’Instance hearing to proceed in our favour, and he also stated that his hard work had benefited his former Cabinet (Company).

Really? We disagree.

We will provide evidence to the Ordre des Avocats proving conclusively that Maitre MA did not obtain the following witnesses’ Attestations (Statements) and documents for presenting to the Grand l’Instance Court. Without the presentation of the following Attestations and documents, vital evidence, we didn’t stand a remote chance of winning at the Grand l’Instance:

  1. The architect’s Attestation – he had offered to provide Maitre MA with the documents and Plannings drawn up in April 2007 that confirmed we would not proceed with the purchase if we could not have a lift installed in the garage to take us to the first floor. Maitre MA was given contact details, but did not contact the architect, he did not obtain the evidence and it was not presented to the Grand l’Instance Court!

  2. Madame B’s Attestation (a French neighbour) – she had offered to confirm that she translated for Tom and me when we attempted to return to the notaire, during the afternoon on the Thursday that we completed our property purchase, but she was emphatically told by the notaire’s secretary that the notaire had left the office and would be away on holiday for two weeks. Madame B had also offered to confirm that she translated for Tom and me when we returned to the notaire, two weeks later, to complain about the presence of Monsieur C in the property, also to complain that we could not have the lift installed as Monsieur C was adamant that he had sole use of the garage. Madame B could have added a lot of weight to our vice caché evidence and the fact that the notaire was not prepared to consider the facts, ie primarily, that she had been instrumental in permitting a vice caché situation. Maitre MA was given her contact details, but did not even contact Madame B, he did not obtain the evidence and it was not presented to the Grand l’Instance Court!

  3. Monsieur C’s Attestation – he had offered to provide documents to Maitre MA, ie copies of his rental contract and household insurance policy, to prove he had been an existing tenant of our sellers, Monsieur and Madame T, for a period of eight years before we purchased the property that was signed over to us as being free of constraints and for our use only. Maitre MA was given contact details, but did not even contact Monsieur C, he did not obtain the evidence and it was not presented to the Grand l’Instance Court!

  4. Copies of the medical documents we had to hand to prove that we required, as a matter of undeniable necessity, the means to traverse the property from ground to first floor without using stairs, ie the lift installation was an essential requirement by us if we were to proceed with the property purchase. Copies of the documents should have been presented with the architect’s supporting documents and Plannings to the justices at the Grand l’Instance Court hearing. We told Maitre MA (in writing) that we had the medical documents, but he advised us that he did not need to use them. Of course he did, as was proved when those documents were presented to the Cour d’Appel in Riom over a year later, after the Grand l’Instance hearing. Maitre MA did not obtain the evidence and it was not presented to the Grand l’Instance Court!

 Maitre MA admitted in his response to the Ordre des Avocats that he had been dismissed by his previous Cabinet, but he did not confirm the reason(s). He chose not to respond to our complaints about his incompetence.

In his response, Maitre MA chose to throw blame for our missing Deeds at our third avocat, Maitre AB. However, he admitted that he received the Deeds from us. Our second avocat, Maitre JJ, stated that the Deeds were not immediately found in our file when she dismissed Maitre MA and took on our Case herself, but she added that our file was very bulky and she may have missed the Deeds during her first search, she said she would look again once she had collated the new evidence (as I have given above) for Appeal presentation. Maitre JJ was admitted to hospital for emergency surgery just a few days before our Appeal was heard. Sadly, we now know she did not recover. Therefore, the Deeds are, either, still in the file, or, they were lost by Maitre MA and were never passed to our third avocat, Maitre AB – her incompetence lies in the fact that she did not return our file to us, with or without our Deeds.

We will confirm the above in our response to the Ordres des Avocats.

Maitre MA confirmed in his response that we had paid all fees in full. He denied sending us further bills for additional work that he had not done. But, copies of those extra bills are in our file (we have the originals stored at the house), ie the file that Maitre AB did not return to us when we requested. Also in our file are the letters we sent to Maitre JJ, with copies of the bills, in which we complained about being sent additional bills by Maitre MA for work that was not clarified.

I mustn’t forget, in our file, there is also copy of the coup de grace that stopped Maitre MA’s money-grabbing shenanigans and contributed to his dismissal – ie the letter we received from our second avocat, Maitre JJ, aka Maitre MA’s boss, from whom he had very recently parted company, in which she told us we were not to pay any further bills sent to us by Maitre MA.

As it appears possible that the Ordre des Avocats have now received our file from Maitre AB, we’re fairly certain they will have more than enough evidence of incompetence and lies to consider!

Are you confused? If not, can you please assist us with deciphering the text above so that we can write our response to the Ordre des Avocats? Chuckle!

We really would like to begin hoping, but, with complete honesty, I can tell you we dare not! 

 
7 Comments

Posted by on October 31, 2013 in World

 

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

24/7 Is Just Not Long Enough…!

Are you retired and wonder how the heck you ever found the time to work?

Yes? Same here!

No? Hang in there, it will come – all things being equal, naturally!

For this past week – you know, that period of time equal to seven days and seven nights – I had set myself the following tasks to complete:

Locate and decode the EU laws we need for referencing in our formal complaint to the EUJ;

Locate, translate and decode relevant EU laws and Napoleonic Civil Codes, the bundle of joy (not!) we need to quote to the European Ombudsman concerning the ineptitude of two avocats and one notaire;

Format, write, proof read and edit as necessary the two formal complaints. Collate relevant documents and post the two packages;

Format, write, proof read and edit as necessary the content for our ‘large shack for sale’ website;

Locate and save appropriate internet links for our ‘large white elephant for sale’ website;

Travel to the ‘pile’, repack the few boxes we unpacked in July 2007, vanquish the tarantulas, hornets and no end of other creepy-crawlies that never fail to arrive to occupy the (many) unused rooms between our infrequent visits. Clean the property throughout – but not Monsieur C’s hallowed areas, ie his apartment, ‘Mon Garage’, etc;

Sort out half a dozen Immobilières (estate agents), including those who have been recommended to us by friends, and arrange for Monsieur G, a super gentleman expert who we know is on the ball and honest, to visit the ‘pile’ and collate all the information required for the Dossier de Diagnostic Technique (DDT report, including the all-important Energy rating, ie the statutory survey required before we can even put the property on the market);

Travel back to the Haute-Vienne to relieve son of childcare responsibilities so that he (son, not grandson) and Tom can return to the ‘pile’, decorate and take several dozen photographs for our ‘large carbuncle on the derriere’ website;

Enjoy myself on the forum, Facebook and Twitter, thereby, maintaining contact with family and friends around the globe.

Sigh – this blog post will be published with my red face expressing my sincere apologies for neglecting my family and friends during the past week.

However, there is an up-side, having tossed and turned during the past seven long nights – my brain just would not switch off – just before 5am today, I remembered we still have our copy of the survey and DDT/Energy reports that were carried out in April 2007 at our request and for which we paid 400€, I think the cost might now be closer to double that amount! The Energy rating was not mandatory at that time, but it was included. Therefore, apart from the termite report that only has a ‘shelf life’ of six months, the rest of the dossier is possibly still current because it’s less than ten years old.

Now, that could save us a few bob!

To clarify. Our sellers’ mandatory survey was fine, but we wanted our own survey to include a full structural report, results of Plannings enquiries, plus other information that we required if we were to proceed with the purchase, eg confirmation that we could install a lift in the garage to take a wheelchair to the apartment on the first floor of the property.

Monsieur G will know if the 2007 dossier is still legally valid, he carried out our full 2007 survey and also produced the DDT report, Plannings etc, for us to consider before we signed the Compromis de Vente. Monsieur G personally took copies of the survey dossier  to the notaire. The notaire was/is also his wife’s close friend. Monsieur G’s Attestation for the Appeal Court supported our Case by confirming all the necessary information and relevant documentary evidence was provided for the justices to examine.

We find it so strange that the Riom Appeal Court justices decided we had not expressed the need to know whether or not a disabled lift could be installed in the property before we proceeded with the purchase! 

How could that happen?

Obviously, the justices did not read all of our evidence, or, they read it and discarded the lot! Certainly, as our third avocat confirmed to us, by email, just a few days before Christmas 2009, our sellers had not submitted any evidence at all in their own defence. Well, they had not needed to, they were innocent unless proven guilty. The justices’ disregard for the evidence presented by our avoué confirmed their innocence!

So, back to this week’s tasks – what have I actually achieved during the past seven days and seven nights?

Not a lot! But, most of the content for our ‘PITA pile’ website is as ready as it will ever be, although, repacking, cleaning, decorating and photography are yet to be done.

As I must now concentrate on finalising and posting our complaints to the EUJ and the European Ombudsman, my next blog post will be written after we return to the Haute-Vienne from the Cantal. By then, we will have Monsieur C’s answer to our question regarding whether or not he is now prepared to vacate our house that’s not our home!

Hopefully, during our time in the Cantal, I will get my head together – my back-up brain cell is at critical overload level at the moment!

 
2 Comments

Posted by on June 18, 2013 in World

 

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