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Moving Back To The Cantal!

Since our house Case started, family and I have often wondered if our biggest error was made when we didn’t carry on down-country to settle in the Midi-Pyrenees. The Midi-Pyrenees was where we were heading to in 2007, but the mountains of the Auvergne were Sirens that persuaded us to end our house search there! However, in recent weeks, we have reached the conclusion that the Auvergne was, and remains, right for us, individually and as a family unit.

We miss the Sirens! Tom and I miss the relatively good health we enjoyed in the Cantal, and we all miss the space, soaring Golden Eagles, green lizards with blue heads, rural peace, crisp ‘dry’ snow that melts without leaving filthy slush for days on end, dry heat with relatively low humidity, spectacular storms that follow the meandering rivers and crackle and drum-roll below the top of the high plateau where our house is located. We miss the excitement of discovering exotic orchids that long ago disappeared from the British countryside – not just one or two orchids, but fields filled with orchids! We also miss the kindness of the villagers who made us feel welcome, valued and valuable. Only a handful of folks are responsible for our plight.  

The house we purchased was our primary home, not a holiday home, and we were the first British family to buy a primary residence in the village. We burned our bridges before leaving the UK, sold our house and most chattels, bought one-way tickets and moved to France – lock, stock and barrel!

Of course, those who have read my blog from day one will already know our house that’s not a home is the only property in the world that we own. But, other folks, who have cherry-picked – for whatever reason – when reading my blog, don’t know about that fact. In recent weeks, a couple of people have asked me why family and I didn’t just up sticks and return to the UK when we had to move out of the house in Champagnac. There are reasons, very valid reasons, as previously mentioned in my blog, but there are two extremely important reasons. The first is that we can’t obtain legal aid in France if we live in the UK, and we can’t obtain legal aid in the UK to fund this last step of our house Case in France. Secondly, we moved to live permanently in France for several reasons, those reasons still apply today, just as they did when we initially decided to move to France. Voila!

So, we will be returning to the Cantal. The hairdresser, Mademoiselle S, is due to vacate our property on Sunday 30 September, as confirmed in her formal Notice to us that was delivered by l’Huissier (baliff). Recently, the hairdresser sent a brief letter to us requesting permission to delay her exit from our property until March 2013. She told us (in her letter) her new business premises won’t be ready for occupation until then. She also asked us to ‘take pity on’ her business. Needless to say, we have responded to the letter with an emphatic “non”!

Copies of all relevant documents have been sent to the Cour de Cassation and the ECHR. Of course!

However – and, yes, this is the ‘but’ that tends to accompany most (all?) of our plans in France! Says she, rolling eyes! If Mademoiselle S decides to remain in our property until March 2013, leaving us out in the cold for another winter, our fifth winter as hobos in France, we won’t be able to do anything about it. Why not? I will elucidate next time!

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Posted by on August 29, 2012 in World

 

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Two Plus Two Equals Five!

During the past month, Tom and I have wished we were both at least twenty years younger! That’s a first for both of us, we are normally quite content with our ages, life experience, mental and physical capacity, achievements, and our levels of life skills learning and knowledge. So, why the change? It’s simple, we both wish we could walk further than we can, carrying our home on our backs! When our ‘old girl’, aka our long-suffering Citroen Picasso Xsara, flipped her clutch, she left us in a real quandary. Scrap her and walk, or have her repaired and break the Bank to pay for the repairs? We chose the latter because we truly can’t manage without her. She has carried the four of us over 130,000 kilometres during the past four years; Tom and I can’t do that sort of ‘motoring’ on our aging ‘pins’. Simples!

So, we were already somewhat stressed and distressed (and broke!) when we travelled to Champagnac and Mauriac to collect documents from our friend, Madame ZC, and from l’Huissier. We knew the documents would be relevant to the illegal tenant hairdresser’s written Notice to quit our house that can’t be our home, following intervention by the Cadastre (Department Land Registry). But, our immediate concerns were about how Monsieur C might be responding, or reacting! As things turned out, we didn’t need to concern ourselves about Monsieur C, he is definitely a happy bunny! More about that next time.

The documents we received were a revelation! Confirmed within the text, Tom and I were definitely stitched up on 6 July 2007 by the female half of our sellers, and, we strongly suspect she wasn’t on her own! On that day, according to the notaire’s statement, she acted on notification received some time earlier (no date given) from Madame T that Tom and I had agreed to allow the hairdresser to sell on her Rental Lease. Now, why the notaire didn’t demand documentary verification, we have no idea! But, the fact of the matter is that she didn’t demand such evidence. Had she done so, she would have had no doubt that we hadn’t agreed, because we knew nothing about it, and there is no documentary evidence because Tom and I didn’t sign any such document!

On 6 July 2007, several weeks after we signed the compromis (‘promise to buy’ pre-Contract), and three weeks before our purchase was completed, Madame T and the notaire completed their own transaction, and they effectively landed my menfolk and me in the judicial mire that is the French legal system where the hairdresser is involved! Although, of course, Madame T already knew at the time that she was defrauding us by withholding evidence of Monsieur C’s tenancy!

Tom and I now believe the 6 July transaction was the reason why the notaire withheld €2000+ from our sellers on the day of completion. After all financial business was concluded on that day, Madame T looked at her cheque and announced that the cheque was ‘more than €2000 short’. I understood what she said and I looked at the notaire – our Immobilier was trying to hurry us out of the office. The notaire’s face reddened and she told Madame T to telephone her later at her office. Well, that would not ring bells if Tom and I hadn’t been informed, later the same day, that the notaire apparently left her office to go off on holiday immediately after we all left her office!

Strange? Not if the notaire had deducted €2000+ for other services rendered during the sale/purchase proceedings!

The documents contain a number of peculiarities and ambiguities. We know a commercial Tenancy Lease is for a period of 9 years; a residential Tenancy Lease is for 3 years. The original hairdresser’s contract started in December 1998, according to the copy of the Attestation we were given. Therefore, her tenancy period was due to expire on 31 December 2007; she confirmed to us that she had not applied to renew for a further period of nine years because she was closing down to concentrate on extending and raising her family. We wished her good luck, and everything was confirmed in writing between us and the Immo. He confirmed that the hairdresser’s tenancy period had not been extended beyond December 2007. That was further verified in the pre-Contract, and it states that we would have ‘sole use and enjoyment’ of the property.

Of course, that was never going to happen, Monsieur C was skulking in the shadows. But, we were absolutely shattered when Mademoiselle S suddenly appeared in November 2007, and we were informed that she would be with us for nine years!

However, according to the documents handed to us by l’Huissier, the notaire confirms that Mademoiselle S was given a ‘three years commercial Tenancy Lease’, and that it would run from when the previous contract ‘expired in October 2008’. Confused? No more than we are!

Even if we’re wrong about the December 2007 date (we know we’re not wrong, but never mind that!), a 3 years contract would expire in 2011 if it began in 2008. In that case, why is Mademoiselle S still running her business now, in April 2012?

According to l’Huissier, nobody was able to give Notice to quit to the hairdresser until the cadastre intervened, so she probably just stayed put! Well, ok, this is France, so that’s feasible. But, also according to l’Huissier, because Tom and I didn’t sign any documents giving permission for the commercial Lease to be sold by the original hairdresser to Mademoiselle S, the notaire had signed in our absence, as we were ‘in default’!

We left Champagnac thoroughly confused, fed up, sick to our hearts, and that was definitely my lowest ebb since this whole fiasco started. Thankfully, Tom was in British Bulldog mode, and by the time we joined our lads I was over the worst of my ‘blues’!

Today, copies of all documents were posted to the Cour de Cassation, and to the ECHR. Tomorrow is another day!

 

 

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The National Debt

February 2011 on the outskirts of Chateaubriant in Brittany wasn’t too bad, weather-wise, and March was even better, spring had sprung! So, Tom and I decided to take a chance and travel to the house in Champagnac to collect some summer clothing. The four of us only carry three changes of clothing each plus wash-bags; our tent, cooking equipment and sleeping gear virtually fill the boot of our ‘old girl’. So, other than when we replace with new any clothing and shoes that are outgrown or beyond needle and cotton, we transfer hot and cold weather clothing twice each year to and from the house. We really do have that off pat now!

We telephoned our friend, Madame ZC, to let her know we would be visiting and collecting our mail, and she invited us to stay overnight in her house to break the long journey. I suggested to Tom that we should perhaps try once again to sort out the hairdresser’s water rates issue with the Tresor Public in Saignes, as we could not persuade the hairdresser to take responsibility for her debt without our intervention. Tom agreed and I put all relevant documents into the car. Before doing that, however, I calculated the rental payments that had been made to the Tresor Public by Monsieur C and Mademoiselle S (the hairdresser), added to the amount that we had paid because Monsieur MA (our first avocat) had done a runner with our designated money, and I balanced the total against the taxes foncier and d’habitation that had been due for payment since 2008. The bottom line was an amount of +€1000. Tom and I decided to suggest to the Tresor Public that they clear the hairdresser’s outstanding water rates bill with that excess, we refuse to accept the rent payments, as advised by Monsieur MA right from the beginning. Off we set the following day, before sunrise.

We arrived at the Tresor Public just after 11am and were relieved to see the duty clerk was not our sellers’ relative. The relief was short-lived! Within seconds of approaching the clerk’s desk and laying our neatly printed paperwork in front of her, she just glanced at it and, without a word, walked into a back office. Tom and I were at a loss! What should we do? Stay or leave? People can be so rude, sometimes.

Just as we were walking towards the exit door, the clerk returned and literally slammed a jotter pad onto the counter, we just looked at her quite shocked. Then, she beckoned us over and started copying figures from a print-off. Eventually, the clerk turned the jotter around so that we could see the figures, and she pointed to the bottom line, it was nearly €2,000 less than my calculations and gave us a deficit, but I immediately saw the reason. I told the clerk she had miscalculated three years tax d’habitation, it had not been payable because my husband and I are both pensioners, and Tom was over 60 years old when we moved to France in 2007.

The clerk looked me squarely in the eye and said, “The house in Champagnac is your second home, you live more often in a tent, that is your primary home. You must pay taxe d’habitation for the house. You must also pay the water rates bill if you don’t sign the hairdresser’s Lease.” I calmly asked the clerk to put the details in writing, and I assured her that we would wait, she shook her head and said nothing further.

We walked out of the office and have not returned, we feel a return trip would be a wasted journey. We have never received a written receipt for, or a written breakdown of, the payments made by the locataires directly to the Tresor Public. We do know the annual rent payments made total €3,234:24, and the tax foncier last year was €806, after €200 was deducted due to changes at the Cadastre.

We’re quite surprised that France still has a National Debt!

 

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