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A Good Doctor And A Pleasant Bailiff!

Such a huge relief, Tom’s chest x-ray showed nothing more sinister than congestion and infection, just as the doctor thought would be the current situation. So, armed with a change of inhalers, antibiotics, 5 days worth of Prednisolone pills, and a rather “pleasant fruity decongestant drink” (Tom’s words), he is set to recover from this latest lung infection. Several digits are crossed for that outcome, and Tom will return to the doctor on Thursday morning for an updating examination and assessment. Voila!

So, with a much lighter heart, I telephoned l’Huissier’s office in Mauriac, I was fully prepared to hear news of a less than positive calibre! Almost five years of negative results and lost battles were very much to the fore in my mind, although, nothing could reduce my relief that my wonderful husband will soon be well enough to return to our ‘thought showers’ sessions regarding the house Case. I have used the alternative expression to ‘brainstorming’ because, as a retired teacher, I am aware that the original term is politically incorrect, despite the fact that it is very much more appropriate to what actually happens during the sessions!

The clerk who answered my call struggled with my French language skills, so, I used two of my better stock phrases, told her my name and asked to speak with the English-speaking gentleman with whom I have had several conversations through the years. That gentleman was “out of the office”, but, the phone was passed to the Maitre. Brilliant, straight to the top!

Maitre was very pleasant, extremely reassuring, I really did have the feeling that she is definitely on our side! Using a combination of facts, clear empathy, superbly appropriate humour, and concisely worded phrases that I was able to fully understand without any difficulty, this is what I was told by the Maitre.

Both locataires have been given formal Notice to Quit the property on or before 30th September 2012. If either locataire is still in the property on 30th September, l’Huissier and supporting Gendarmes will carry out eviction processes on 1st October 2012. The Cadastral (Department Land Registry) has been given a Court Order to have the locataires removed, l’Huissier has also been granted a Court Order to ensure the eviction processes are actioned, if necessary. It was l’Huissier Maitre who served the formal Notices to Quit the property.

I tentatively expressed my concerns about the resident locataire, Monsieur C, he is not rational when he feels he is under pressure! Laughing, Maitre immediately agreed with me – she has obviously already had a run-in with him! However, she told me the Court Orders have been issued to a Government Department, ie the Cadastral, and l’Huissier have been granted their enforcement powers as Government representatives upholding the laws of the State. Maitre told me that Monsieur C can object as much as he wants to, nothing will stop the processes being carried through on the dates given. I told Maitre that I felt Monsieur C would not wish to be observed by the neighbours during an enforced eviction, she agreed with my comment and told me his possessions would simply be thrown out via a window, and he would be escorted off the premises by as many Gendarmes as required; that would be explained to Monsieur C by letter before 30th September 2012.

Maitre then explained to me that both locataires will require tenancy references from their former landlords to obtain alternative rental premises. To that effect, the hairdresser has paid l’Huissier to deliver a tenancy reference request letter to Tom and me. Here we go, I thought! I informed Maitre that Tom and I are not qualified or prepared to give references, because the locataires are nothing to do with us. Maitre commented that they require references from us because we are the owners of the property. She then listened, without interrupting, while I briefly clarified to her the facts of our vice caché suit.

When I stopped speaking, Maitre asked, “Did Madame T give the locataires their tenancy contracts?”

I told her, “Yes, and we knew nothing at all about the current hairdresser until months after we purchased the property, despite the conveyancing notaire having presided over the sale of the shop Lease, months before we purchased the property.”

Maitre commented, “Classic vice caché, Madame Baxter. So, Madame T can provide the locataires with their references. I will write to her, today, and I will deliver the letter in person. There are documents here for you to collect, I need your signatures for you to receive them. Documents were also delivered to your property in Champagnac, I understand that you and your husband are happy for your neighbour, Madame ZC, to hold them safely for you, yes?”

I agreed with Maitre and told her we would collect all the documents from her office, towards the end of April, and Madame ZC has already forwarded mail from the house to the address of our friends in the Gers, from where we will collect them when my husband is well enough to travel. Maitre replied that she hoped my husband recovers fully and quickly, and she thanked me for phoning her.

Nothing was mentioned about the hairdresser’s outstanding, unpaid water rates bills!

Well, can’t get more positive than that! Or, should we wait until we have all the documents to hand, translated, read and fully understood, before we celebrate? Family and I have decided the latter is prudent!

Since yesterday, I have received many very kind messages of support, and several comments about us being able to move into our house that’s not our home on 1st October 2012. That can’t happen! Our vice caché lawsuit is designed to return the property to our fraudulent sellers, as though we had never purchased it, to receive a full refund of the purchase costs including all monies spent on improvements prior to the proceedings starting, eg the double-glazing. The vice caché lawsuit was not brought to remove the tenants.

Even if we were to move into the house, we would still have no electricity and no sanitation, and we would still not be able to legally make good the electrical and plumbing installations.

Yes, after 1st October, we could drop our vice caché Case – would you?

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Lots Of Gallic Shrugs!

Christmas 2009 and New Year’s Eve 2010 was a rather depressing festive season for the four of us. We found it difficult to muster any level of enthusiasm, but we realised that we had to do something positive, if we were to survive this major setback and fight another day, another battle, in the same war.

Tom and I travelled to Champagnac to collect accumulated mail, also the Income Tax documents required to support our Legal Aid application. The front of the house, the entrance hall, and the stairways, were in a dreadful mess when we arrived. The front entrance door-lock had been broken, there were boxes and cartons strewn up the stairs to the first floor landing, and there had obviously been a very wet period recently, evidenced by thick mud on stairs and up walls. The beautifully made double-glazed windows and doors, fitted in November 2007, because we were bound by law to honour the order we had placed with the Artisan via our architect, were draped with spiders’ webs and sticky with cooking grease. Tom just focused on where we needed to go to locate the tax documents, I just felt sickened as I followed. Neither of us turned around to take a backward glance as we left the village as quietly as we had arrived. Our friend, Madame ZC, had left our mail in our mailbox that morning, before she left for her son’s house in Paris.

A couple of days into January 2010, I duly wrote a cover letter to accompany the necessary documents to the Bureau d’Aide in Paris, the centre of all French Legal Aid administrations. Then, with nothing better left for us to do, except wait, we started putting our lives back together again, insofar as we could, picking each other up, brushing each other down, starting all over again, as the song goes! At that time, we were pet/house sitting, once again, for Sue and Rick in the Dordogne.

Two weeks later, Tom was looking and feeling very unwell due to dreadful pain in his toes, in fact, most of his foot had turned purple-black by then, although he had been treated for an infection at Sarlat Hospital some weeks before; he was actually treated for infections in his foot several times, by different doctors, in different towns and Departments, throughout a period in excess of a year. Tom was also suffering from a chest infection that just would not respond to antibiotics. I telephoned our private health insurance company to find out if we needed to be in the Cantal for Tom to have hospital treatment. The agent was very unhelpful, and I got quite sharp with him after fifteen minutes of listening to opening and closing files, papers rustling, heavy breathing, and a series of very audible Gallic shrugs. Eventually, the agent returned to the phone to tell me our health insurance had been stopped, and it would not be renewed. Just like that! We have never discovered why that happened, despite writing several times to the company’s Head Office in Paris. We will leave that little conundrum for the legal powers-that-be to unravel, in due course.

Fortunately – and, it will become clear why I say ‘fortunately’ – we received a call from Tom’s youngest brother, Pete, in London, to tell us their middle brother, Martin, was undergoing serious heart surgery possibly that week. Tom didn’t hesitate, he left France for the UK within hours, heading for my eldest son, Iam, and his lovely wife, Tracy, in Northumberland, planning to be with his younger brothers two days later.

Within hours of arriving in Northumberland, Tom had been admitted into hospital for emergency surgery to remove at least one toe that was beyond saving, due to gangrene in the small bones, as far as could be ascertained at that point. Iam had immediately contacted me to let me know what was happening, and the following two weeks consisted of endless days filled with anxiety as we waited to find out what else might need to be amputated.

I believe those two weeks were probably the very worst that we, certainly that I, have endured throughout this entire, disastrous chapter in our lives.

 

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