SOS HELP needed again with & legal & travel advice

Property & Home
1

1 - Still ongoing legal action with French Landlady! I’m currently in U.K., came in October to get away from the harassment by French landlady /village locals before/after legal action with 1st court hearing in June '16. ALL started on my behalf by Avocat recommended by Huissier).
I’m on French legal aid to finish of legal action) reports and photos of damp/mould, résultant House condition, plus equipment not working) submitted to Avocat bŷ The Huissier who I had to pay to do them. Avocat saw it as an open and shut case we’d win hands down .She decided and asked for the “condemning” of Landlady, suggesting appropriate penalties including some compensation for me for “no right to enjoyment or quality of life there” since start of 3 yr Rental Contract in 3/2014. June 2016, Court Judge despite having all the evidence supplied by Huissier and submitted by Avocat, wanted 3 mths for “reconciliation”.
In that 3 mths the landlady, who I’ve not seen or been able to speak to and did not attend Court, only put a newspaper ad in my letter box for a different rental available via Village Mayor office, suggesting I take it! At same time I was undergoing a lot of harassment from locals including mail being delayed or delivered elsewhere locally, steamed open then delivered later than postal date suggests it should have been, including medical test results, probably engineered by landlady or others, and I know because of interference and theft of some medical and financial filed papers, (eventually returned in my shopping trip absences from house, but found filed in wrong files or wrong order, where I had put them originally)! Yes house was entered illegally without my knowledge or permission. All above of course against French law.

So much for winning hands down! A 2nd Court hearing was due October, Avocat said I didn’t need to be there and yes, I can come to UK for a much needed break away from everything - do I did! One reason I’ve not been back on SFN.
With increasing surveillance and harassment, I got so frightened for my own physical well being and safety, I literally “fled France” in October in 48 hrs. Court result would not be known till end Nov early Dec. Avocat said I had to be back in France before end Nov. WHY? she would not tell me, it was her being notified of October Court 2nd hearing which Landlady apparently did go to! First time anyone has seen the landlady in person- she had refused to meet .CAF Soc Worker or open door to Huissier when he wanted to personally serve his Constat on her. ALL this time Ive continued paying rent and DD’s. In June the Judge hadn’t allowed cessation of payment or payment via Huissier to hold on account, for expected remedial works/repairs to be demanded by Judge and attended to!
None of that happened at all! Not the judge demand for repair/replacement or anything else.
So no penalty against me for not being back in France especially as June Decision from Judge ended up advised to Avocat being another Court Hearing October. Now Avocat has informed me last week I think, that Judge wants an “Expertise of Rent” to be made before he makes any decision on the action first filed for the June Hearing. I must be there in person at the house. I queried this, saying why can’t a representative holding my house key let the Expert in.

NO NO NO. I was then informed much later on, via email from Avocat, plus email from Social Worker this week, that On 4th January '17 at 9.30 am - me, the landlady, the Expert to conduct the Expertise, The Avocat and a Translator must and will be there! I can also take my possessions and leave the house for good on that day if I wish! The landlady is prepared to forego Notice! I can’t at this short notice close utility accounts, pack up and be ready to finalise everything - and the Court Judge won’t even have the Expert report until well into January - can you Imagine what he’ll decide if he’s also told I’ve left the house permanently never to return? Yes Ive now seen a rental property here in UK, I’d like to commit to, I could take it from 21 December - Its unfurnished - but I can’t get or take my things from France till I have satisfied french legal systems or within the timescale - and also can’t physically do it all on my own. I’m back to square 1 where I was over a year ago!

Now HOW LEGAL does any or all above actually sound to any SFN experts in French Law! Those of you who know me on SFN, ALSO know I have several health conditions, which with all this continual stress over a period of 6+ months has NOT helped!

  1. TRAVEL. I’m currently in NE Essex so need to at least be back in Sille le Guillaume on 3rd January, to get a taxi to get me to house by 9.am. That’s the easy part from Sille.

After I left The house by taxi, my son arrived in France a few days later, met me at a Hotel in Le Mans, being where I’d run to in a taxi! We went back to house, he loaded some of my valuable electronic equipment in his car, I packed a couple of changes of clothes, expecting to just be in UK for a couple of weeks - wrong. There’s much more to tell in-between, including earlier Gendarme visit to house, but they hadn’t believed me about illegal entry, because I’d not seen anyone there myself.

I was taken back to UK by car. Now I have to return to France by Public Transport on my own. My son will be working both between Xmas/New Year and immediately after, so escorted travel back is impossible.

I’m sure many of you have used the transport system, given I have some physical walking problems, will have a small wheeled case, briefcase (with my legal papers in) handbag - will anyone be in the Vicinity of Colchester Essex or Ipswich Suffolk, going back to France via London - to Paris or v near Le Mans who could either take a passenger or accompany me?

Whichever way it works I have to be at that house on 4 January - if I’m not I can see it will mean I’ve not obeyed the Law, lost the Legal Action started on my behalf by the Avocat, I’ll lose the legal aid and be held liable for ALL costs. Bang goes all my money, assets and life!

As far as I can see and think, independent legal advice and help on or From SFN, may confirm to me that I’ve been totally stitched up by the French Landlady with help from friends in high places ever since I signed the Rental Contract in Feb/March 2014.

Outright Discrimination against a British National is what I now call it, despite my glowing with praise letter for the help from French locals wherever I’ve lived, published as letter of the month in Septembers Connexion!

Liberté, Fraternité & Égalité exists for the French only!

2

The correct procedures are set out here, depending on whether you/your advisors were claiming the property is “indécent” or “insalubre”. From what you’ve said it sounds as though your avocat was following the procedure for “indécent” although I would have thought significant damp would make it “insalubre”.


What a nightmare.

4

Anna, the Social Worker called the damp/mould condition, insalubrious - what The Avocat or Judge thought themselves, I don’t know but she was asking for the penalties as described under the insalubre as above my reply, including the suspension of bail. The Judge has continued to refuse making any decision, as said in my post, asking for this " Rent Expertise" instead which is to be done 4 Jan.

I can also take my possessions and leave the house for good on that day if I wish! The landlady is prepared to forego Notice! I can’t at this short notice close utility accounts, pack up and be ready to finalise everything - and the Court Judge won’t even have the Expert report until well into January - can you Imagine what he’ll decide if he’s also told I’ve left the house permanently never to return? Yes Ive now seen a rental property here in UK, I’d like to commit to, I could take it from 21 December - Its unfurnished - but I can’t get or take my things from France till I have satisfied french legal systems or within the timescale - and also can’t physically do it all on my own. I’m back to square 1 where I was over a year ago!

Now HOW LEGAL does any or all above actually sound to any SFN experts in French Law! Those of you who know me on SFN, ALSO know I have several health conditions, which with all this continual stress over a period of 6+ months has NOT helped!

  1. TRAVEL. I’m currently in NE Essex so need to at least be back in Sille le Guillaume on 3rd January, to get a taxi to get me to house by 9.am. That’s the easy part from Sille.

After I left The house by taxi, my son arrived in France a few days later, met me at a Hotel in Le Mans, being where I’d run to in a taxi! We went back to house, he loaded some of my valuable electronic equipment in his car, I packed a couple of changes of clothes, expecting to just be in UK for a couple of weeks - wrong. There’s much more to tell in-between, including earlier Gendarme visit to house, but they hadn’t believed me about illegal entry, because I’d not seen anyone there myself.

I was taken back to UK by car. Now I have to return to France by Public Transport on my own. My son will be working both between Xmas/New Year and immediately after, so escorted travel back is impossible.

I’m sure many of you have used the transport system, given I have some physical walking problems, will have a small wheeled case, briefcase (with my legal papers in) handbag - will anyone be in the Vicinity of Colchester Essex or Ipswich Suffolk, going back to France via London - to Paris or v near Le Mans who could either take a passenger or accompany me?

Whichever way it works I have to be at that house on 4 January - if I’m not I can see it will mean I’ve not obeyed the Law, lost the Legal Action started on my behalf by the Avocat, I’ll lose the legal aid and be held liable for ALL costs. Bang goes all my money, assets and life!

As far as I can see and think, independent legal advice and help on or From SFN, may confirm to me that I’ve been totally stitched up by the French Landlady with help from friends in high places ever since I signed the Rental Contract in Feb/March 2014.

Outright Discrimination against a British National is what I now call it, despite my glowing with praise letter for the help from French locals wherever I’ve lived, published as letter of the month in Septembers Connexion!

Liberté, Fraternité & Égalité exists for the French only!
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5

Janice -

  1. Who’s the 72 yr old lady you refer to. Neither me or landlady are that age and she stills works being a few yrs from retirement yet.

  2. It’s my legal Aid Avocat seeking “condemnation” & penalties against landlady - all were her requests to court, without my input except for equipment service cost and cost to have 3 of my letters to LL translated to French for the court. I’d written in English as LL speaks and understands much more English than I did French at the time I wrote them.

  3. I and the Social Worker, met the Avocat in her office, initially to take Huissiers Constat, he recommended The Avocat to me- and to give all info necessary. In the following months I just continued to supply information as and when necessary, including my responses to the LL eventual defence statement, PDF’s to me in email from Avocat.

4.The most severe of the penalties requested by Avocat against landlady would be that she would not be allowed, ‘by law’ to re let the property to anyone else, until such time as all remedial works had been done, inspected and the house deemed fit for safe and healthy habitation for anyone! That would have hit landlady’s pocket with no rental income - although she stills works anyway and several years from retirement age. The other part of the Judegement request against her was only for a sum of compensation and reimbursement of costs incurred by me, that as said before were for service works that should have been done/but weren’t, prior to my Contract starting.

  1. Not all is as simple as you seem to think it is. Yes I can ask Dr for a letter - do you positively know that a recorded delivery letter sent from UK to France, would be accepted as such by French Postal System and a signed receipt returned to England? I can’t answer that one.

  2. I also can’t afford to just drop the case, especially where ALL the proof positive is stacked up against landlady and supplied to the Court already - I hope, but now have my doubts about that the way it’s all panned out - then have my French bank account sequestrated to recover legal aid - given I should have won the case in June, there is something definitely v wrong with how it’s all been handled by Avocat since March right through to now.

Why is MY presence necessary purely for a condition inspection, if an honest and unbiased Expert is doing it. Apparently as I learnt recently - my Avocat, who had said It HAD to be me person, not a representative for me, WILL be there for the inspection herself, as will the Landlady. This whole situation stinks, dare I say, of corruption and or collusion - having been designed to work against me from almost day 1.