Tony F Dordogne

Exactly Will, just what I said and it still doesn't mean that Mr Wiggy was mis-sold, perhaps he just mis-understood or the bank did!

Sorry knee gel, something here just doesn't add up does it.  They've been living in Spain for two years, therefore they should be tax residents of Spain and registered with the Spanish health authorities. They've been in France permenantly since May 2009 and haven't registered with CPAM but are going back to the Uk for health treatment to which they're no longer entitled. There is something untoward in all this, especially if they are, as you say, still tax resident in the UK.

I'm really sorry Wiggy but I can't see that you were mis sold your health insurance.   Did you specifically ask them about your 100% cover and did they tell you that you would need more cover than 100%?  And remember, that is only 100% of the state contribution - as the glasses reimbursement shows - anything extra you have to pay for yourself, like specialists who charge 3 times the state tarrif and that's where your insurance would kick in.  The fact that your policy doesn't cover the difference between the state contribution and the actual price may be something to do with the type of policy and specific areas of cover within your policy. Also, we don't know their side of the story, what you told them and how they understood your explanation so to say that you were mis sold, which implies a degree of dishonesty on their part, may not be fair. I'm on 100% also.  I rang the insurance company/broker and discussed this with them and they were very sympathetic and suggested that I may want to scale down my premiums but I decided to stay where I am.  One reason is a good example of where I'm not covered 100%.  Every year my generaliste send me for a multi check up blood test and that costs about 95 euros.  As he doesn't give me the long form for the ordnance, it's not 100%.  Then CPAM repay a percentage and my insurance company picks up the rest of it, so I get 100% reimbursement, just a different way round.  Many of the tests I have are directly related to my ongoing sonditions (I'm on 100% for 5 different reasons now) but the GP just chooses to use this route, it still costs me nothing other than my insurance premium. I think the bank may well argue that you knew what you were buying and that you over insured yourself when you should have been aware of what 100% actually implied, the contents of your policy with them was a matter for you to discuss and agree at the time of purchase and the fact that you get little from it can partly be attributable to those factors. Not trying to be difficult here Wiggy, just trying to see another point of view.

Sid, I've used records going back to the mid 17th century with very detailed records of building, their construction, property lists, land purchases etc. '1850' is either a guess or somebody being smart.

Try you Archives Departementale, they are the custodians of the cadastre maps and you can plot the progress of the land on which your house is built by folloing the dates of the maps, you can determine the date the house was built.  If you're a bit research savvy, you can also find the transfer information from the records of the notaires, assuming that you don't have the information already in your deeds that is. I have worked on this sort of thing regularly for chums, used to do it professionally and have been able to find a good deal of information for people using this method, which is the most simple way to do it. Some Archives will do a free search for you on your commune but many will just pass you on to a professional researcher if the enquiry is too complex or if they don't have the staff levels to help, especially if you're outre mer.  Send me a pm or email if you need extra advice. Edit:  Paul, it would be useful if you actually gave your French location on your information, then I could post a link to you AD for you.  

You've clarified things a little more now. You have said that the CA and DLA are confirmed, is that by the DWP?  If not you need to get that in writing as soon as possible. You must also make sure that your extended holiday is under 26 weeks and that you maintain a UK address during that time or you will find yourself in the queue with the other 350 people appealing a decision not to award DLA/CA because of the 26/52 week past/presence rule.  Trust me on this, we have been fighting these cases since the ECJ judgement of October 2007 and the past/presence argument is being used by the DWP in the same circumstances to refuse benefit. As for IB, the majority of people on IB and living in the EU may take the same view that their condition has not changed.  However, the rules have and despite people having been signed off work totally and wholly by their UK GPs when they took ill-health early retirement, they are still being reassessed even when their condition has deteriorated.  In conversations with the office responsible for sending out the forms, they have made it clear that they will be re-assessing everybody eventually, whether resident in the UK or not and, if thought necessary, they will be medically examined. HMG have stated that they have not yet decided on the E121 being a gateway benefit - but without IB at the moment, if you are a UK inactif in France and without the support of another E form, your position could be difficult. 

Ok, in that case you can be sure that you'll be reassessed within the next 18 months and for that you'll need a permenant address because if not, the IB  people will not have anywhere to send the forms to.  If the forms are not returned in good time - they're dated for return - then your benefit will be suspended.  And if you do get the forms back in time, you may well have to present yourself for a medical at a doctor nominated by the IB  functionaires, not a doctor of your choosing so if you're not in the UK system, you may well have a problem there. GPs in France can only issue prescriptions for three months also and then the pharmacists will only issue you with one month at a time. If you are meaning going back to the Uk to save having to register in France, be careful because you'll be in danger of not being in either system - under the current system and the way benefits are changing, not having a permenant address in the UK or France could mean you are opening a very large can of worms, especially as both you and your wife need regular treatment. Cooperlola and I are involved in two very long running campaigns - tho hers has now quietened down considerably - over the receipt of benfits/health care and the changes in the French system and what you are suggesting is very risky right now.

And I know of at least two people who have already been reported for speeding by G men at payage where their time between payages could only be acheived if they had been speeding so all the French may be doing is replacing people with technology.

Not sure nowdays Paul but mine only took a couple of weeks but that was a while ago. If you've been on IB for a while have you had your reassessment yet for IB?  If not, be prepared to get into the French health system immediately you get here because you'll need your French GP or specialist to sign off on a 20 page reassesment, the good news is it's in English and French.

There is a multi-country and very active Bridge club in Sarlat and another two in Le Bugue, one of which is part of a generally Anglophone Association, people I know belong to both and travelling that sort of distance locally is nothing at all really.

DR, seem to recall haunting the place several times myself in a previous life!

Well, date,time and location confirmed for the test cases to be heard at the Lower Tribunal in London. It's in C hambers at Fox Court, off Chancery Lane, London, 10.am. on Wednesday 3rd March, 2010.  It's been suggested that the Tribunal staff get extra chairs in because there will be a few of us in attendance. That is, of course, to be heard unless the DWP pull out at the last moment and plead 'no contest' as they have with several other individual cases already!

When I lost mine, the replacement took about 10 days also.

We took our lovely old boy cat to the Vet on Wednesday for a little problem to be sorted out and out Vet told us, very proudly, that this cat is the oldest on her books as he is now 21 and as sprightly as ever, tho he gets a bit grumpy when the weather's damp because of his articifial hip and upper rear offside leg bone.  Like we all do sometimes when we get on a bit! We've only had him 4 years and he's absolutely delightful, his age can be verified because his UK paperwork/passport is all in order and age is documented!

We took our lovely old boy cat to the Vet on Wednesday for a little problem to be sorted out and out Vet told us, very proudly, that this cat is the oldest on her books as he is now 21 and as sprightly as ever, tho he gets a bit grumpy when the weather's damp because of his articifial hip and upper rear offside leg bone.  Like we all do sometimes when we get on a bit! We've only had him 4 years and he's absolutely delightful, his age can be veriofied because his UK paperwork/passport is all in order and age is documented!

The competant state argument is being raised by the UK government in Tribunals where people have fought for - and won - their right to benefits after leaving the UK and the judgements handed down for the claimant have discussed the compenant state arguments in detail.  Broadly, the UK remains the competant state for people who claim benefits in the UK, the host state becoms the competant state for people who claim benefit in the state.  There was a long and detailed legal argument about this in one of the cases involving a guy who moved to Germany and claimed some home help/support costs and that almost cost him his case at the Tribunal although the Judge found for him eventually in a sympathetic judgement.  But, the competant state argument is being used by HMG and we know of claimants who have been refused DLA/CA/AA because they have claimed benefit in Europe and they have not - yet - won at Tribunal because the competant state case is compelling. Is you husband getting 100% for MLD?  If he is, that shouldn't be a problem because that is covered by his E121 for transport (it's actually free) and the Uk government pays for that under the current EU/E121 Regs. It's when you get into the realms of monies being paid then being charged back to the Uk - which I seem to recall for home help and nursing home costs is a local thing and not rechargable, the question is do you use your CV for this and does the French State pay for it and then recharge it or does it come out of local monies - and you claiming benefit here, actually take money from the French, that you run into the problems. The competant state arguments can be discussed with the Newcastle DWP Office but as the law is constantly evolving and Tribunals are coming thick and fast - pending the Test Cases in early March -  the situation is as I've described it above. Also want to make a point here for others and it's not a criticism of your situation at all, just an observation.  We know of several people locally who have dropped their mutuelle because of their financial issues - one so that he has enough money to continue to play golf, which is his decision of course despite his wife having a fairly serious heart condition - but not having a mutuelle is like not paying your mortgage especially at our age, generalisation I know.  But one long-time poster/activist on here is going through very long and expensive health treatment and without a mutuelle her costs would be astronomical.  Under the current regs, people under retirement age who fall short of E cover before they reach retirement age must have a mutuelle, with all the caveats on pre-existing conditions that brings. I just have a feeling that eventually the French State will realise that EU people OVER retirement age without a mutuelle and without the finances to cover their health care are a drain on the French State and will start to legislate for non-French citizens to have a mutuelle also. In view of your latest posting and the time you've been out of the Uk and the fact you have not claimed benefit previously, I would actually claim the French benefit because you may have to wait 2/3 years for a result from HMG, especially if you have to go to a Tribunal.  Under your circumstances, HMG cannot use the competanmt state argument against you, only if you try to claim a UK benefit.

Bumping and new information - Norman, please don't read this thread, you'll only get upset at the immorality of the people campaiging for their rights. Roger Gale, Conservative MP for Thanet North, managed to get himself on the Agenda for an Adjournemnt Debate in Parliament yesterday morning and not only did he say his bit but in addition a number of other MPs who weighed in also made some very valid points.  HMG wheeled out the hapless Minister, Jonathan Shaw, who just trotted out the party line, obviously was not on top of his brief and according to some campaigners who watched it via a live stream, seemed very ill at ease. The Debate, which was strongly supported by the Conservative Party who have let it be known that if they win the next election, they will not only comply with the ECJ ruling and pay up in full but will also backdate payments to the original date of disallowance, including one speaker from Cameron's office who was very vocal in support. The Debate is on the UK Parliament Channel Sky 504 on Saturday morning at 7.am France time, 6am UK time. The Hansard report is here: http://www.publications.parliament.uk/pa/cm/cmtoday/cmwhall/01.htm The tide is certainly turning against HMG now, the publicity is building (last Sunday this was reported in Sunday Telegraph) and various television/radio sources are picking it up.  And the relatives of those who have died are now starting to get angry about this issue and HMG will get even more bad publicity from that little part of the fiasco.

And we also get a vote in the Euro elections of course. Norman, perhaps those of us fighting other battles are trying to fight battles that we know we can win, rather than those that for the moment we can't and for some, their time has already run out and the monies they were due both legally and morally are now matters for their estate and their families, rather than the claimant themselves. But if you feel strongly about this issue of voting and the 15 year rule and disenfranchisement, why don't you start the campaign to have the law changed for 'les Anglais' to have the vote or are you just arguing for the sake of it?

Applying for and receiving benefits in France may do you some good in the short term.  But be aware that as soon as you are given benefits by the French government, apart from your UK State Pension, France becomes your competant state and once that happens, the Uk authorities can wash their hands of you, apart from the State Pension.   If you are a liability on the French State, expect the French to take a view on this also. That is why people involved in the DLA campaign are being advised not to take benefits from their new home State because they immediately loose their right to claim DLA if succesful at Tribunal. Without a mutuelle, you would be a prime target for both the French and UK authorities, the former because you would be a drain on French resources, the latter because HMG would no longer be your competant state. This is the likely scenario.  You apply for and receive benefit in France.  As with the E121 France passes the cost on to the UK because it's a health benefit and not covered by your E121.  The UK refuse to pay because in receiving the benefit you make France your competant state.  France realises they will not receive the money back from the UK, therefore you are a drain on the French purse and they will decline to make any further payments. If any of the gloom and doom rumours about the likely withdrawl of E121 cover for people who move and then switch to another compenant state become fact, a new UK government could, apart from Pension, wash their hands of you so you loose your E121 cover also as France is now responsible for you - or maybe not. You could, under the ECJ judgement of October 2007, apply for Attendance and Carer's Allowances from the UK which may help you somewhat and remove and problems over the competant state argument. Just flagging this up, not making any points.

Yes, write to the French authoritioes and tell them that your wife was the driver!

This is something that really hacks me off, when people steal your work whether it's online or in print and don't even do you the courtesy of acknowledging their source. One very large religious organisation that operates in my field of expertise is notorious for it and they totally disregard the copyright laws, so much so that at least one research organisation in the Uk has taken out an injunction against them preventing them from stealing - because that's what it is - other people's work because that's the easiest way to stop this sort of thing.  Proving copyright infringement is actually quite easy and the Berne Convention makes things pretty clear for printed works. The printed stuff is much easier to monitor but the internet is, from what I've been told by my lawyer, much harder to police tho by and large, the same rules apply and there have, so I'm told, been succesful prosecutions against people who take other people's work.  You can even get computer programs that will search for text if they think it's plagiarised, the sort of things that examiners use to see if people have stolen text for exams or projects.

[quote user="Russethouse"]  Do you know any Falkland Islanders Tony ? Or know how they felt about being taken over by Argentinia ?[/quote] That's not the point I was making and I think you know that.  What I'm saying is that HMG always falls back on the locals not wanting to be split away from the UK.  But nobody asks the population of the UK if they want to hang on to these far flung areas of the Empire or even whether we wanted to maintain a Province in NI that was run and policed by right wing, Protestant bigots who knew that if they were ever to be part of a United Ireland, they would loose all their power and were likely to have their snouts removed from the trough. I do actually know a couple of Falkland Islanders and, like many Anglo-Indians, they can out-Brit the Brits.  I also knew a number of the soldiers that went to the Falklands and NI where I also had some experience and very few could see the point of either conflict other than politicians flexing their muscles, especially in the Falklands. I also know a couple of people who are currently working in the Falklands and they are of the same mind as the soldiers I knew who fought there.   

Whatever she did in her private life is up to her as far as I can see.  It's when she uses her position in the political world to get her boyfriend grants that hacks me off and the fact that she's a right wing Calvinist who seems to be able to find make comments on other people's private lives and beliefs whilst she's off shagging some yoof totally acceptable. And nice to see Robinson himself brought down a peg or two, another one of Paisley's acolytes getting his come-uppance, talk about humour and charisma bypass. It always seems odd that - like the Falklands - it's always the beliefs of the people in NI that are trotted out about staying in the UK or being linked to the UK.  Why not ask the rest of the country if they want NI as part of the UK or, before the Falklands War started, whether we should have The Falklands as part of the UK's 'Empire'?  Oh no, that may give HMG the uncomfortable position of the majority saying something that they don't want to hear.  Sounds familiar still.

Hi Judy PM/email not arrived, I'll give it another hour and then recontact.  

Hi Judy Would be very interested in the gardening and cookery books, also some of the fiction, for myself and the Association I belong to which has a library and runs a help team for gardening etc. No problem in coming to get them either, could do with a day out.