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josa

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Everything posted by josa

  1. A directive is a requirement for a State to do something - It is not incorporated into that States law until the State passes legislation - and sometimes the problem is that the State does not pass legislation that correctly impements the directive - so you get rights under EU directives that you can't take advantage of.......UNLESS............If the wrong you are complaining of is done by what is called "an emanation of the state" - not as easy to define as beyond the blinding obvious - ie a Gov't department - you are able to rely upon the directive as binding upon that body  - not binding upon a private body though!

    Bit complicated, but Directives do give rights to citizens against State bodies by a back-door route - but I wouldn't like to pay the legal fees to enforce it!!

  2. So if I took my 4 ton digger there and my little tractor with grass topper, I could set up as an AE doing some digging, grass cutting etc and would have my health costs covered by way of the AE Taxes, which would be lower that medical insurance, even if my actual sales were minimal or even nil? Seems a bit of a dodge?

  3. I do like this forum - when I feel down I can come here and feel like I am with friends - sometimes we need people to care for us - even if they really don't it seems like they do (if that makes sense!!).

  4. Wow - tons of stuff to think about. I am worried about being bored, but if I stay in the UK without a job I would think the same thing applies  - I could be bored in the UK with no money, or bored in France with perhaps enough money to get by.

    Just been to the Citizens Advice Bureau and found out that benefits are not enough to live on - I have very little outgoings, but seem to read in the Daily Mail (when I pick up a copy of the rag) that there are thousands of immigrants coming here for our welfare system - well they are either entitled to a lot more that I am, for some strange reason, or the DM lies!!

  5. Even as I posted I knew it would be close to home for you Coops - although we have never met, and I don't post regularly, I do spend long hours on here and followed your recovery closely - so pleased to have you back on here - I know I speak for hundreds of silent readers.

    best wishes for 2011.

  6. Out of interest, if you were involved in, say a traffic accident, and did not have health cover, would you still be treated - ie I know they would likely send you the bill (not sure what next if you couldn't pay), but surely they would not refuse treatment in an emergency? I hasten to repeat - this is only for interest - I would not take such a risk.

  7. Ah ..that make things clearer (and better) - so the maximum is 5 years in the region of  3000 per year, and I might even get a couple of years as I have been employed up until now - thanks

  8. So reading this correctly, if we moved over at 52 (say 53) I would have to find 12 years @ roughly 3000 Euros per year? - ie we would have to include in our budget a further 36,000 euros?. Neither of us have any ongoing/pre-existing health care issues.

  9. Once again my thanks go to all those who post sage advice - best wishes.

  10. Hi - I posted earlier about looking at my options after losing my job at 52 with no other prospects in the pipeline and was thinking about renting my house in the UK, moving to my Barn in France and doing some work there on-line.

    Having considered the very good advice from this forum I believe that is not going to be viable, so I am looking at another view, which whilst more radical, could well be the way forward for me.

    We own our house outright in the UK - it is a smallholding, ie a 3 bedroom bungalow, partially modernised, with about 4 to 4.5 acres of mixed land (Scrub, grass and woods), in Essex. The house near us, being the same size bungalow but newly built has just been sold for £750K and whilst it is perhaps a better house, we had more land - I reckon at the very least we should be able to sell for £600K. We have no debts but no savings either.

    We would need to spend about £50K in France to bring the barn up to living standard, so ending up with at least £500K to last the rest of our lives. I think this is a good figure - better than many and I feel quite lucky despite the kick in the teeth I feel at the moment over losing my job.

    My question is - I know there is a wealth of advice as to what to do if I go through this and other forums (Fora??) but is there any company or advisor that I could use to assist with all the necessary matters  -ie sorting out the health care, bank accounts, and no doubt a hundred other things to do to allow us to go into early retirement in France?

    By the way - if there isn't - I see an opportunity for someone on this forum - if only in producing a simple "How To" check-list and advice pamphlet.

  11. Once again thanks for all the very supportive and helpful comments/advice. In the cold light of day - and after my two adult (26 and 28) sons tell me " don't worry Dad - we'll help you get through it" - not that they have a penny each - one a student teacher and the other not doing anything more than just being able to support himself - made me think - I can't loose with a family that loves me!!

    I think it is very sensible to build on what I have in the UK - thanks for that - and maybe a few more weeks holiday than I usually get in beautiful France would be possible if things work out that way.

    Onwards and upwards  - you are all good people for taking the time to think for me.

  12. Thanks for your comments and advice  - I'm just trying to see if we have options and AnOther has clarified my wobbly thinking and Wooly speaks sense - much appreciated.

    Even Bugsy's comments - makes me understand why I'm in this position - I've never received any big cheques from my clients!

    Just went into Law late in life, did a degree supported by my wife and have made a living - nothing more. My wife inherited half the house we are in and we thought we were moving into a less stressed time of life - never going to be rich, but having worked hard all our lives, firstly in catering and recently in law - but still we are much better off than some so not feeling too bad - just a shock really - we'll survive

  13. I am a little at a loss and looking for options. I am 52 and just found out that I am likely to become unemployed in the next few weeks. I own a house in the Limousin (87) which is able to be lived in but is still being renovated , and a bungalow in Essex with 3 bedrooms and 4 ish acres, so basically a smallholding. I have no mortgage or loans.

    As one of my options I am considering renting out the property in Essex - I reckon about £1250 per month would be easily achieved - and moving to France for a couple of years. I am a solicitor and actually have my own one man law firm as well, which is up until now simply a way of helping my friends and rugby clubs - ie pro bono work - I earn no money from it up to now - just about break even over a year as it really is just for doing free work. I could probably work over the internet as an English based office carrying out the work in France, coming back when needed and I might make a further few pounds - I say pounds as the firm would have to be based in England with me doing the work remotely.

    I have a son aged 14, but it is likely he would be able to remain in England for his education with my sister.

    Setting aside the fact that we would probably miss him too much, I would welcome anyone's view on whether this is a workable plan just to get us back on our feet and to dip our toe in the (force-ably) semi-retired water.

    Really need some plan!

    PS  - no real savings - I can pay off my credit cards and then that's that!

  14. I do ours with Danish oil - first coat thinned with white spirit and 2 more coats thereafter. Looks good, and in my experience will last well, although of course that depends on how much the floor is walked on - lots of traffic means more regular oiling!

  15. Last year I bought 12 trip tickets from P&O as at that time I expected to go across at least that number of times (6 returns)  - but circumstances have dictated I am left with 4 single trips and it runs out on 21st July - just as luck would have it the earliest I can get across is 23rd July!!

    Still, I am quite happy with this type of purchase (optimistic the coming year will allow more time in France) and wondered if anyone knows what the best value scheme for frequent travellers would be? I didn't like the tunnel one as it seems too inflexible - ie if the tickets are in my wifes name she has to be travelling, whereas on the P&O one I can go without her - worked well for the England/France Rugby!!

  16. I normally just do a solid drive to our house about 50km south of Limoges and it takes me about 7/8(ish) hours either way - ie through Paris or around Rouen. However, when I want to take it more leisurely I take the Paris route and stop-over in Orleans. It is a good place for evening dinner and about 1/2 way - so a civilized time for ferry crossing, straight around Paris - my satNav is wonderful there - and an early stop. - Leaves a short drive the next day and arrive feeling refreshed,

  17. Thanks for your replies - and well I must say you learn something new every day!! - Left wing feathers for right handed archers!!
  18. I've  been keeping chickens for eggs for awhile now, but not for meat, although I have had to dispatch a few due to age/illness etc so I am quite OK with that, and I am also happy handling the butchery side of things, having worked with butchers a few years ago, but the actual technique and steps in the process I need some guidance on.

    I  have been given 2 geese and I intend to fatten them up for Christmas - I know it's a long time away but "be prepared"! Just to make sure I don't get it wrong or forget something can anyone give me a brief idiots bullet point guide to what I should know and do to kill and prepare the goose for the Christmas oven - not the cooking side - my wife is an excellent chef on that front - I just have to get the bird to her!

    Also, how long before Christmas should this be done ideally?

     

     

  19. I know I was going to butt out but I just remembered the European Small Claims process  - see

    http://europa.eu/legislation_summaries/consumers/protection_of_consumers/l16028_en.htm

    BTW small claims are as enforceable as any other judgment - and actually I would also personally just let it go as not worth the hassle, but the OP said he was irritated and did we have any suggestions - this is one of his options. - goosd luck

  20. Well - AnOther has a view - not sure what it is based upon.

    I have considerable experience of these things - I am a litigation solicitor specialising in these types of case (although I don't do small claims now myself having junior staff working for me on them) - I am qualified in England, Wales and Scotland and acting throughout the UK in both jurisdictions - I am a partner in one English firm, one Scottish firm and a sole practitioner in another English firm - all of which are very successful and we win 99% of our cases - probably more! I have personally done thousands of claims over the past 15 years with a fair number of "foreign claims" - it is my job and I am pretty good at it so that is my background.

    The suggestion that the European case is over-ruled is simply wrong and bad information - I actually finalised a case based upon the directive yesterday!

    As far as no evidence is concerned - of course you have evidence - two witnesses - you and your wife - along with circumstantial - remember the Judge will decide on the balance of probabilities - ie "what is more likely"- are you seriously arguing that cases cannot be settled without independent witnesses? - I can say with some practical experience that probably most such cases only have the two drivers giving evidence and the Judge makes a decision based simply upon that which is before him/her. In this case the evidence is better than that.

    Enforcing a foreign Judgment  - where there is an insurer - quite simple and it is a breach of statutory duty for any insurer to fail to settle a Judgment. If no insurer - slightly longer but not difficult (doing one against a German company as we speak) - the only time there is a problem is if the party has no money - not likely given the defendant in this case is an established company.

    Still - what do I know!  I'll butt out now
  21. You probably should not even need to contact the French insurer - every European Insurer must provide a local agent to whom you can direct the claim and liaise - to find out the correct one contact the Motor Insurers Bureau - Linford Wood House, 6-12 Capital Drive, Milton Keynes MK14 6XT - Green Card Department. Personally I wouldn't even get into a letter writing exercise - as kizpip says just ask once and if rejected issue a small claim. If everyone who had an accident could get away with it by simply refusing to report it  - who would bother!

  22. It is relevant - It might surprise you but many insurers reject claims - doesn't mean they are correct lol

    In this case issue the proceedings in the local (English) Small Claims Court - evidence of the accident etc is given by the OP and his wife and the photograph can be shown as indicative - highly unlikely the other side will produce any witnesses (what can they say if they are denying an accident??) and provided the OP comes across as truthful to the Judge with that evidence on the balance of probabilities the case would be won. I suspect it would not even get to a hearing as they will either not defend and you get a default judgment, or if they do defend it would be more economic to settle than to run to a hearing they would not win. 

    And if in the unlikely event you lose - so it has cost you £75 court fee (recoverable if you win) - no legal costs are payable.

  23. Just so I am clear - are you saying that you are domicied in the UK and your car is UK registered, but you had the accident in France?

    If so, you can use the UK small claims court and I suspect you will be successful in winning against the other party - see the note below:

    In a very important decision on 13th December 2007 the European Court of Justice has ruled that the insurance provisions of the Brussels Regulations [2001] E.C.44 are to be interpreted to allow victims in road traffic accidents in another member state to bring direct actions against European domiciled insurers in the Courts of the victim’s own domicile.  The decision confirms the interpretation of the Fifth Motor Insurance Directive (Directive 2005/14/EC of 11th May 2005) which came into force on 11/06/2007 and removes a considerable degree of uncertainty as to the application of that Directive.  The decision was of major importance for road traffic accident victims and their lawyers.

     

    The case had the unprounceable name of FBTO Schadervezekeringen N.V. v Jack Odenbreit (case C-436/06) which was a German case in which Mr O domiciled in Germany was injured in an accident 28th December 2003 in a road traffic accident which occurred in the Netherlands.

     

    In very short summary therefore it is now established beyond doubt that a UK victim of a road traffic accident can bring a direct action against any European Liability Insurer of the tortfeaser in the Courts of their own domicile under the provision of EC Council Regulation 44/2001.

  24. Urgent that you get to a doctor. I have suffered fom Opthamic Herpes (a cold sore on the eye) since I was about 1 year old (I'm now 51) - it returns every year or so. Mine is Herpes Simplex.

    The symptoms you advise of are very similar - light-sensitive etc - the longer it goes on without treatment the more damage it can do - bad attacks leave quite considerable scarring of the eye. If untreated you can lose the sight in that eye (and it hurts!).

    Treatment is simple - Opthamic Zovirax - only available on prescription though. Following a trip to France a couple of years ago when I developed the condition and I couldn't get to see a doctor and no Pharmacist could help I now keep a spare tube always when I travel - the quicker it is treated the better.

    Good luck

  25. josa

    HMRC

    Very similar - I completed my tax return about July/August last year & sent it back by post.

    Couple of weeks later I received a reminder and straight away I telephoned as I was concerned they had not received it - They told me they had received it a few days before and that I should ignore the reminder. A couple of weeks later I receive a letter thanking me for retuning the form and a seperate letter of the same date giving me the new tax calculation based upon the return.

    Last week I get a £100 fine for not returning it!! - Needless to say an appeal has been lodged!!

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