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Tag Archives: Haute-Vienne

Two Down – Two, No, Three To Go!

We have received a very welcome message from our lovely friend, Kay. Kay is receiving our mail at her home in the Haute-Vienne while we’re in the Auvergne, pet/house sitting.

Before leaving Kay’s home just over a week ago, we asked her to open any mail that arrived for us from the overseeing bodies for notaires, avocats and Immobiliers, also from the Cantal Ombudsman. We also asked her to let us know the contents of any such letters via email or Facebook private message. Kay is English and she speaks, reads and writes fluent French, she is truly bi-lingual.

Immediately prior to leaving the Haute-Vienne for the Auvergne, Tom and I had received a swift response to our letter of complaints about our first and third avocats. We were advised by the French equivalent of the national Law Society to send copy of our complaints to the regional Law Society in Toulouse, the city where all three of our avocats are based. We followed that advice last Saturday, 19 October 2013.

This is a reproduction of the Facebook private message that we have received from Kay:

“Hi Chrissie

Good news!

As promised an important looking letter so I have opened it for you…

It is a letter from the Ordre des avocats at Toulouse Courts; a same day reply too and in French it says…

Toulouse le 21 Octobre 2013

Ref: GM678213(ML) Dossier No G 7934 AFF. BAXTER Me AB

Dear Sir and Madame

We acknowledge receipt of your letter dated the 7th October, received this day the 21st.

I am immediately interrogating both MA and AB and will be getting back to you.

Yours sincerely etc.

Fredric DOUCHEZ

Hope things are now moving in the right direction for you all Love Kay”

I have removed both avocats’ full names, leaving initials only, the time to name and shame is still not here.

One day soon…………..!

So, the overseeing body for Cantal notaires is now investigating our complaints, and the regional overseeing body for Toulouse avocats is also investigating our complaints.

FNAIM (Immobiliers aka real estate agents) and the Cantal Ombudsman to go. Oh, and a decision to be made by our tenant, Monsieur C, regarding whether or not he wishes to buy the pile. 

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Posted by on October 25, 2013 in World

 

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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!

 
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Posted by on June 18, 2013 in World

 

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