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Tag Archives: EUCJ

Ok, So Patience Is A Virtue!

On the 24 April 2013, Tom and I posted a letter to the ECHR, Strasbourg, politely requesting the return of our house Case file. We need to send the file to the EUCJ with our application for that Court’s consideration of the facts, as follows in chronological order:

We lost our first Tribunal in Aurillac in 2008 because our first avocat failed to collate the main evidence for presentation to the justices. That avocat was dismissed by his boss on grounds of his ‘incompetences’.

Patience!

We lost our Appeal in Riom in 2009, despite the Court ‘recognising the fraud and arrogance’ of our sellers and despite the notaire having her ‘wrists slapped’ for her incompetence. The justices decided there was no French law that they could use to find in our favour; the justices decided the notaire was ‘young and inexperienced’.

Patience!

In July 2010, the Cour de Cassation Bureau d’Aide decided we would not be granted Legal Aid because (they said) we had not given them the necessary evidence of our financial means. Lies – we sent copies of everything we had to the Cour de Cassation Bureau d’Aide, plus copies of the same evidence to the ECHR. On each occasion, we received the LRAR receipt to show our mail had been received by the intended recipients. But, when challenged by us, a Cour de Cassation Bureau d’Aide clerk commented that the envelopes might have been delivered, but it was not proof that they contained anything!

Patience! 

There are major facts for the EUCJ to consider with regard to the latter point, ie we were not informed by our (third) avocat, nor by our ‘specialist’ Cour de Cassation avocat, nor by the Cour de Cassation Bureau d’Aide that our application for Legal Aid had been finally rejected!

In February 2013, the ECHR passed Judgement that we had failed to send necessary documentation to the Cour de Cassation Bureau d’Aide. What!

Patience! 

The ECHR made no Judgement whatever regarding our complaint that our human rights have been persistently breached throughout the years from 2007 to date.

Patience!

On 24 April 2013, Tom and I sent a letter (LRAR, of course!) to the ECHR requesting the return of our house Case file. We had been advised by SOLVIT that our Case can be considered by the EUCJ on grounds outlined above. However, there is a time limit and, to date, we have not received our file from the ECHR. In fact, the ECHR has not yet even acknowledged receiving our letter!

Patience!

According to a staunchly Christian late great-aunt of mine, patience is one of the seven heavenly virtues that balance the scales alongside the seven deadly sins. Well, we consider that we have been patient for nearly six long, very difficult years and we are taking our lead from a favourite author of mine, Laurell K Hamilton.

“Patience is a virtue, but there comes a moment when you must stop being patient and take the day by the throat and shake it. If it fights back; fine. I’d rather end up bloody at the end of the day, than unhurt with no progress made, no knowledge gained. I’d rather have a no, then nothing. I’d forgotten that about myself.”

Today, we will be posting a brief, probably rather terse, reminder to the ECHR demanding (yep, demanding!) that they return our house Case file to us by no later than 10 June 2013. If we don’t receive that file before or on 10 June 2013, we will approach the EUCJ without the file, but with an additional complaint.

Blimey, we’re getting brave!

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25 Comments

Posted by on May 23, 2013 in World

 

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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! 😉

 
24 Comments

Posted by on March 23, 2013 in World

 

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