[fLOggIng a Dead horsE]

Blimey Benjamin, third post, he must have been having an off day or two :)

[Legal Demand for Payment for Unfinished Overcharged Shoddy Plumbing]

Sorry, should have added, in a conversation with the Huissier and another with the lawyer, they told me that there's an increasing number of etrangers, mainly Brits, who get work done and then think they can use a UK approach to their builders by saying the work isn't good enough, therefore we won't settle the bill.

That ain't the way it's done in France for certain and as a local councillor, I'm looking into complaints about a woman locally, a Brit, who does this on a serial basis and is now getting herself into serious trouble - not suggesting that's the case with the OP but it is a very Brit approach to their problem - AND they didn't understand what a devis is, No 1 rule, don't sign something you don't understand, this Forum has been up for at least 6 years and a simple question here or look in a good dictionary may have prevented some of this happening at all..

And after 6 years, I think no chance to contest now.

[Legal Demand for Payment for Unfinished Overcharged Shoddy Plumbing]

I have a friend going through something very similar at the moment and this is an ongoing saga which is only a year old - and already it's into a "you said, no I didn't" argument tho luckily they have a lot of paperwork to back them up and a Huissier's report on what was and wasn't done, the inspection done in company with an expert and the report to the Court by the Huissier being properly put together, legally stamped and signed off as being where the breach of contract/devis etc has taken place.

From speaking to the Huissier if you haven't had all the documentation in place, all the right photos of the work etc, you're chances of winning are slim and all you're going to be doing is racking up expense for yourself.

I'd be asking the builder how much he'd take to settle this quietly and then comparing that with how much the Court is going to cost, from what you've said in all your posts, you're going to have a very hard time proving anything and if you signed off on the costs in the first place and then didn't do anything about it, you'll really struggle, especially as you're not resident here - be prepared for adjournments, lawyers getting involved the whole thing.

If you have to attend Court a couple of times and eventually engage a lawyer which my chums have had to do - and they have a really good case against their drunken and theiving builder, gendarmes involved also - so is the cost of all that greater or lesser than paying the guy to just go away?  

[Siret number sites]

Thanks Maricopa, it was indeed the site and have saced it to favourites.

Just used it to prove that a local Brit woman who is ripping off people she only ever employs on the black - she employs them, picks a row then refuses to pay them - is using the Siren number of a company that she used to own but which she closed down last year for her new enterprise that the local Marie has already warned her about because that's illegal and unregistered already.

Time to make some phone calls I think, if for no other reason to stop people complaining to me about her because I'm one of the few local Brit councillors!

[Siret number sites]

Hi folks

Apologies, I know this comes up regularly but can't find the thread I'm looking for in the archive.  Can somebody remind me what the web site is for checking siret numbers please for Dept 24.  Sure it's been posted previously but me being me .............................

[Well I made the wrong assumption!]

Sorry, I agree with Norman.  You have a house in France and don't understand the French bank holiday system.  Just because it's not the same as it is in the UK, doesn't mean it's in any way strange or wrong.

And remember, if the bank holiday was on a Sunday, none of the stupid UK 'day off in lieu' or the 10 day close down at Xmas, people here do actually stay open on days many Brits now would expect to have off.

Sorry Stan, in future, better to check in advance rather than expect people to give you information without asking. 

Assume = makes an ass u me!

[Never on a Sunday or, in France, any other day either]

Is that piece supposed to be ironic or cutting edge or something?  Probably best not to say what I think, apart from the pair of them seem to be real t*****s.

[Salutory lesson perhaps?]

Two chums of ours, Brits, living the next commune have been in France full time for about 10 years.  The husband doesn't speak French other than basic salutations, because his wife speaks it well.

Last week his wife was stung in the face by a wasp and almost immediately went into anaphalactic shock.  Now luckily hubby was at home but wife was totally incapacitated and obviously seriously ill.  Husband was, to put it mildly, bolloxed.  he doesn't have enough French to phone anybody and doesn't have the emergency numbers even if he could speak to them, they had no idea about the English speaking emergency line.

He had to jump in the car and dash off to a neighbour - who was thankfully at home - and they phoned the Pompier who told wife and husband (repeated by medics at the hospital to which she was taken) that any further delay could have been fatal.

Lesson to be learned there somewhere I think, especially in case of a medical emergency.  We have ALL the emergency numbers and thankfully we both speak enough French to be understood but how close was their call?

[carte européenne d’assurance maladie]

Hi BaF, well if that's the case, it answers Judith's query and there's no query there.  If it's the Uk's responsibility, it's the UK's responsibiility, the regs. don't change for E121 holders until next 1 March.

[carte européenne d’assurance maladie]

Who has told you that Judith?  If your E106 has run out, you may have a problem but if it's still in force, you should visit your CPAM, no matter how inconvenient that is, and make application there and then so they get your request on their computer and dealt with on the spot.  Internet and telephone obviously isn't working so in person is your only option.

[carte européenne d’assurance maladie]

Sorry, I'm obviously missing the point here somewhere.

Judith, do you have a carte vitale?  If so, you apply to your local CPAM office for the EHIC card and, if you've come to France with any sort of E form and it's still in force, they will deal with your application.

If you don't have a carte vitale, you need to ring the appropriate UK body, probably Newcastle and discuss your needs with them. 

[Change to EHIC regulations which will effect many of us]

But France would be your competant state Norman and although on the front-line NHS staff may not understand the finer points of it, I'm sure that they'll just take your card with their usual good grace and wide smile.

Interestingly, when we were back in the UK last November J had shingles, we went to SiL's GP and when we asked for the forms, he told us not to bother, said it too much grief for him and the p[ractice.

[carte européenne d’assurance maladie]

Sorry Judith I don't see what the problem is.  This has only been enacted within the past two or three weeks in the EU.  It is impossible to say what the system is because the UK government hasn't set it up yet and they have already committed to making application available online.

For goodness sake, at least give them a chance to get something in place before you start saying it's bureaucracy for the sake of it or it's over-complicated so we can actually see what the system is, complicated or not.

And I'm sure that somebody will work out that the card needs to be a different colour or have a particular computer code on it to identify people living in the EU, unless you know something to the contrary.

[Claim for use of private car for transport to hospital Part 2]

John, go to your local CPAM office, play the Brit idiot and ask them to help you fill the form in.

Then just copy out what they fill in each time you go to the hospital.  In my experience, they never shortchange claimants but there's bound to be somebody along who will tell a tale of woe.  From my experience, CPAM are very helpful with this sort of thing and they've also recalculated mine when the rates went up and I hadn't claimed the up to date amount.

[carte européenne d’assurance maladie]

[quote user="Judith"] There has been another post on this subject, and depending on how you get your health insurance, it seems that now some have to apply to the UK.

I do wish they would really sort this one out! [/quote]

Judith, it has been  sorted out.  From 1 March 2010, you have to apply to your competent state, in the case of an E121 holder from the UK living in France, the UK, for an EHIC.  That brings the UK into line with other EU countries as part of the EU wide health care/charges normalisation programme.

Simples!

[Better Veggies Next Year]

Hate to say it but this is the best year so far for fruit and veggies.  We were out on our potager last evening picking several types of tomato, courgettes, aubergines, baby carrots and yard long beans.

Also had almost 5 kilos of onions from thinnings on the allotment at chum's house and have started to seriously dig up spuds and beetroots.  And the reine claudes are virtually impossible to keep up with.

But that's after three years of preparation, building raised beds here, reclaiming a large piece of land at chum's place etc etc, loads of manure, loads of mixing the soil from the Dordogne flood plain into terreau horticole etc etc.

Edie:  But, that's also with a small collection of recuperateur, pumping water between them, using a semi automated watering system so they get watered regularly.

But brilliant all round this year :)

[The End of DLA/AA?]

Hi folks

 

Sorry to sort of be positive about this but let's get things into perspective.   I've read all the information and the specific web site (and have signed up to their campaign and their forum)and as somebody has said, it doesn't - yet - apply to DLA.

 

But think this through.  100 days of discussion then through Parliament next May-ish and that's assuming there's not a general election because that could blow this out the water, with us acting as a dead weight on it AND we've started things in motion now which should make sure that the DWP/ExpoTeam get so much legal activity they're going to HAVE to open the log jam - we know that for a certainty and there's no way they can delay our claims until this goes through Parliament because of all the external supervising and decision making bodies that are now looking at their activities.

 

And think of the logistics of this anyway, closing the DLA/AA/CA activities and handing them to social services will be a logistical nightmare, that will take, I would suggest, at least 3 years.  In a previous life I saw 'easy' government/socservices handovers and, for sure, this ain't going to be quick, easy or straightforward.  Staff to recruit, offices to open, files to transfer, computer programmes that don't talk to each other, so many administrative hurdles and problems

 

And we don't know timescales yet, after it's enacted and assuming that the Tories win next time round, who knows what may happen.

 

Let's just monitor this, be aware of or even get involved in the specific campaign but as a side issue to our current issue which we need to win first BEFORE we get too steamed up about any future changes.

 

Now, would Labour float an idea they would have no hope of implementing to get votes before the next general election just to attract votes?

 

[Expulsion or what?]

One for the Mods I would have thought and then there is the question of who the leaver may be.

[This needs a different kind of debate]

Terry Pratchett wrote a very interesting and eloquent piece in one of yesterday's Sunday papers on how he's approaching his end of life and followed it up with an equally moving interview on the BBC Breakfast programme this morning.

Interestingly, as a local councillor, I received a letter and draft bill from one of our Depute at the Assemblee Nationale, through the Commission des Affaires Sociales, Proposition de loi No 1814 'Reconnaisance de l'exception d'euthanasie et de l'aide active a mourir' which is now opened up for public debate.

To me, with several chronic and one very painful medical conditions, it is a very straight forward argument.  When - if - my type of leukaemia reaches the 4th stage, it is extremely painful, mindnumbingly so, it's bad enough as it is but some days the pain IS almost unbearable.  To have that level of pain constantly would literally be maddening.  I have a living will and so does J and whilst it is unenforcable in France, it does make clear to our families what we want in respect of medical treatment if my condition is life threatening or undearable and the same for J if she becomes incapacitated by reason of a serious stroke etc.  I've already made my decision and have the resources to take my own life, if for no other reason, there is no way I would want to inflict having to care for a complete invalid on somebody that I care about as much as I care about J.  I saw this with both my parents and it was both horrendous and finally destroyed an already fragile family dynamic and it isn't something I would put anybody else through.

Our Depute is holding a series of public meetings to discuss this issue between 17th and 21 August and I for one will be at least one of the meetings to give him my support.  I'm also going to email him to ask if there's anything I can do to support him with the Anglophone community in 24.

[French Tax Resident]

Leaving aside the often quoted 183 day rule, all the UK legislation is based on the following:

"The definition of residence adopted by the Commission is not a finite definition and indeed, for the purposes of the social chapter of the EU it accords with English Common law, last define by the House of Lords in 1982 as  being where you have your usual abode, where you have your settled way of life, even though you may be absent for periods, it is the place you intend to return to, the place you regard as your home."

Broadly, you either have a permenant base or you are itinerant.  Everybody knows where they actually live, it's not a case of domicile or any of the expressions used by 'lateral thinkers' to try to circumvent the regulations.  When in doubt, fall back on this definition and all will either become or remain clear.

[Limitations on the use of an EHIC card]

I've been looking through more of the information that I received yesterday on EHIC cards and the changes to the system and usage of them and have found the following, which may effect people who think that they can use their UK issued EHIC card sort of willy-nilly instead of getting into the French health care system.

"The UK, in their NHS Overseas Visitors Hospital Charge Regulations, place a 3 month cumulative 'capping' in respect of 'active' citizens in any 12 month period. although there are derogations of up to 6 months for those in receipt of their State pension"

 

However, "this breaches Community law since one (country) is not permitted to impose any limitations as to periods of validity with regard to temporary stay in another relevant State , especially where a citizens right  of free movement would be impinged and the EHIC comes to us in proper accordance with Community law and where we there is already case law upon which to rely, with regard to residency."

 

So broadly, if you use the card when early retired for a period of over 3 months in one year - UNDER CURRENT LEGISLATION - you may end up getting billed for it.  However, the European Parliament are dealing with this anomoly and under the freedom of movement legislation, it is due to be changed.

 

There is also a definition of what the EHIC covers, namely necessary treatment:

 

"The interpretation of all necessary treatment, is treatment which will allow you to complete your temporary stay in another Member State in comfort and without any medically related impediment, which would arise, were you not to receive such necessary treatment. Treatment cannot be delayed or otherwise postponed upon the basis that you could receive such treatment in your State of residence on your return."

 

which may help some of the enquirers who ask about cover for visiting relatives.  There are no plans to change this definition because it is already in line with other EU countries.

 

Country of residence is also defined:

 

"The definition of residence adopted by the Commission is not a finite definition and indeed, for the purposes of the social chapter of the EU it accords with English Common law, last define by the House of Lords in 1982 as  being where you have your usual abode, where you have your settled way of life, even though you may be absent for periods, it is the place you intend to return to, the place you regard as your home."

 

which may also help in the European context.

 

More to follow as I get to grips with the material.

 

[Change to EHIC regulations which will effect many of us]

[quote user="Tony F Dordogne"]  "As of 1 March 2010 all citizens of the EEA and Switzerland, where they take up residence in another relevant State and where they have secured their right to health care following their entitlement to receive the issue of E. Form 121 and where they have registered the Form 121 will, as from the above date, now be required to apply for their European Health Insurance Card (EHIC) from the competent State, in other words the UK.  [/quote]

Benjamin, pretty straight forward really, 1 March 2010 it says there.  It is only the second reading but it will be passed, first reading was whizzed through and there's no opposition to this,m all comes under health regulation normalisation across the EU, more to follow as I unravel it.

Competant State, oxymoron, well we all have our opinions on that, I'll just stick to the legal healthcare view/definition for the time being.  With all its many and varied faults, more pleased than ever that I live in France.

[Change to EHIC regulations which will effect many of us]

I've just picked this up from a Euro email that somebosy has sent me:

"As of 1 March 2010 all citizens of the EEA and Switzerland, where they take up residence in another relevant State and where they have secured their right to health care following their entitlement to receive the issue of E. Form 121 and where they have registered the Form 121 will, as from the above date, now be required to apply for their European Health Insurance Card (EHIC) from the competent State, in other words the UK.  The second reading of the proposal to amend Council Regulation 883 of 17 June 2004, dealing with the coordination of social security schemes, was adopted by the EU Parliament during week ending 26 July 2009. Further, this will be published in the Official Journal of the EU on 31 August 2009. The matter of the emendation of those regulations, insofar as they relate to Annex III of Council Regulation 1408/71, has yet to be resolved, as is the case in respect of non EEA migrant workers."

 

From what I've read, the downside is that making application by email/internet isn't currently available.  The upside is that they will last for 5 years and not the one year life that the French cards have.

[Speeding out - Slowly back. Advice on French driving ban please]

[quote user="AnOther"]Clair, Tony, are you saying that even to drive again in France on ones UK licence you need a French medical ?

[/quote]

Not at all Ernie, what I'm saying that is that if the OP gets a replacement UK licence, he's still banned in France.  The medical, to some extent, doesn't come into it as he's not a French resident and is driving on a UK licence tho at least for 5 months he's banned here and is likely to be banned further after the Tribunal.

As his country of residence isn't France, the UK regs apply to him.  He's received a standard letter from the G men which they would also send to a French driver.  I think that unless you live here, the medical thing is a red herring, it's the ban that's important.

[Speeding out - Slowly back. Advice on French driving ban please]

[quote user="AnOther"]A licence which the OP didn't have in the first place and likely never will have even if he does attend the tribunal, very logical [/quote]

Ernie, he did have the licence, it's just that the Gendarmes acting on behalf of the Prefecteur in these cases, pulled it, the return of the licence to the DVLA will be done by the Prefet, not the G men.  If the Procureur decides that the case is serious enough, he/she can go to the Court of Appeal and have the ban extended BEFORE the case gets to the Tribunal - and the Appeal Court can, in exceptional cases, agree to make the ban for life or for - say - 3 years BEFORE the Tribunal, all pending a counter appeal by the defendant.

Much harsher and speedier than the UK but none of the namby-pamby Magistrates stuff here, the Procureur has many more aggressive powers and uses them frequently.