Patf Posted December 4, 2013 Share Posted December 4, 2013 Such a waste of time effort nerves and money - how can you understand the mentality behind this?As per Cendrillon - bon courage. Link to comment Share on other sites More sharing options...
Gardian Posted December 4, 2013 Author Share Posted December 4, 2013 A triumphant Michel turned up mid-evening after his visit to the Avocat.He's been told that he (the geometre) has been turned over in several cases recently by him (the avocat) and that its 'open & shut'. Michel is in 'get out the champagne' mode.Would you believe any of that? Maybe, just possibly, the facts of other cases ............. but whether that makes us more likely to succeed? Errrr ... non.Watch this space, if you can stand the tedium of it all. [:'(] Link to comment Share on other sites More sharing options...
Cendrillon Posted December 4, 2013 Share Posted December 4, 2013 I would keep the champagne on ice until you have a positive outcome and in writing!Do keep us posted, we are all crossing fingers and toes for you. Link to comment Share on other sites More sharing options...
suein56 Posted December 4, 2013 Share Posted December 4, 2013 [quote user="Gardian"] Watch this space, if you can stand the tedium of it all. [:'(] [/quote]If this avocat genuinely has trounced the geometre recently then, in my view, it augurs well for Michel and you.Fingers and toes firmly crossed here.Bon courage.Sue Link to comment Share on other sites More sharing options...
Rabbie Posted December 4, 2013 Share Posted December 4, 2013 Fingers crossed. Bon courage Link to comment Share on other sites More sharing options...
Lehaut Posted December 5, 2013 Share Posted December 5, 2013 Good luck and well done for managing to keep your sanity. Link to comment Share on other sites More sharing options...
PaulT Posted December 5, 2013 Share Posted December 5, 2013 Dragonrouge, back in 2009 said in reply to a posting by me:Finally our system is based upon the Jury system and please believe me some strange decisions have come out as in Ken Dodd and where it was argued M'Lord my client has never trusted banks. He was found not guilty and the following day went to the tax office to pay his debts. Yes, I can believe strange decisions. A case that I was on perhaps came out with what may have seemed a strange decision. The decision was made following earnest discussions in the jury room and was a unanimous decision. But maybe your illustration was even stranger. Link to comment Share on other sites More sharing options...
Gardian Posted January 16, 2014 Author Share Posted January 16, 2014 Update.Michel (our neighbour) engaged the avocat and was asked to pay €1k upfront for him to take on the case.We wrote to the Tribunal asking for an adjournement - no reply. Agonised over it for a week or so, then decided that we'd probably have to 'join the club' with the avocat. Hard to defend our position in English, much less in French. A meeting with him first in order to 'size him up'.He was a lawyer: impressive, but a lawyer. He said, "I'll tell you what I think when I've read and formed an opinion on this 124 page tome". Meanwhile ............ you've guessed it, a very large bill.He has since visited the site and made (understandably) a lot of non-committal statements.Case adjourned till mid-Feb. Grumpy Gardian, who has been sucked in to a bornage dispute not of his making, but in which he has a marginal interest, and which is costing him a packet! Link to comment Share on other sites More sharing options...
Cendrillon Posted January 16, 2014 Share Posted January 16, 2014 oh dear, time to start making flags for a flag day.[I] Link to comment Share on other sites More sharing options...
Gardian Posted March 19, 2014 Author Share Posted March 19, 2014 More.The mid-Feb Tribunal was adjourned by our lawyer. How on earth we can keep asking for adjournments and it can be accepted by the Court is beyond me.Anyway, new hearing set for tomorrow. We've been seeking details of our defence from our lawyer for the last week or so - no response.Then a 10 page emailed response from our lawyer at 14.00 today, which provoked an adjournment request from 'the other side'. He's seeking bucket loads of dosh from them - we'll be lucky to get our costs back IMO.One bit from our lawyer's deposition did amuse me though - he said that there was this poor old Anglais who'd just come over here for a quiet life and walked in to this!!! I almost felt sorry for myself.Forgive me if this is too boring. Obviously important to us, but I recount it as a warning to all over how dangerous it is to get dragged in to legal matters over here, or anywhere for that matter. Link to comment Share on other sites More sharing options...
Cendrillon Posted March 19, 2014 Share Posted March 19, 2014 Here's hoping the new hearing goes well for you Gardian. Encore bon courage. And do let us know how it goes. Link to comment Share on other sites More sharing options...
Gardengirl Posted March 20, 2014 Share Posted March 20, 2014 Good luck as it unfolds after the adjournment, ''poor old Anglais''.[:)] Link to comment Share on other sites More sharing options...
Gardian Posted April 8, 2014 Author Share Posted April 8, 2014 [quote user="Gardian"]Then a 10 page emailed response from our lawyer at 14.00 today, which provoked an adjournment request from 'the other side'. He's seeking bucket loads of dosh from them - we'll be lucky to get our costs back IMO.[/quote]We're all set for the hearing on Thursday.So far, no adjournment request (it would be the fifth this year!!!)I'm an optimistic person, but not in this case. We'll see - watch this space. Link to comment Share on other sites More sharing options...
Cendrillon Posted April 9, 2014 Share Posted April 9, 2014 Do let us know how it goes Gardian, fingers crossed all goes smoothly and in your favour. Link to comment Share on other sites More sharing options...
andyh4 Posted April 9, 2014 Share Posted April 9, 2014 Just picked p on this Gardian.Sorry to spoil your day but there is no way you will recoup your costs - personal experience with the process.Nevertheless, good luck for tomorrow. Link to comment Share on other sites More sharing options...
idun Posted April 9, 2014 Share Posted April 9, 2014 My friend was years and years at court with her neighbour. She won every time and then the neighbour appealed. It got to quite high courts to boot. Cost as fortune, but costs, no not a sou. Eventually the neighbour died, which is probably for the best, as my friend would still probably be paying out to fight this. Link to comment Share on other sites More sharing options...
Gardian Posted April 9, 2014 Author Share Posted April 9, 2014 Email from our lawyer at 15.30 to say that the 'opposition' has asked for an adjournment.So, if we get another date, that'll be the 6th this year!!!Madness. Link to comment Share on other sites More sharing options...
Gardian Posted June 11, 2014 Author Share Posted June 11, 2014 The 6th date in May went by with another adjournment requested by the opposition.We were all ready for the new date set for last Thursday. Michel & I turned up at the Tribunal at 09.30 in our best 'bib & tucker'. Our lawyer (in his jeans) strode across the inner square of the 18C building and said "Just heard - another adjournment request." We strongly suspect that he'd heard the afternoon before and hadn't got round to telling us, but ............Anyway, no need to stick around. "I'll let you know" said our lawyer.Letter received from him today. New date fixed for mid-Sept: that'll be the 8th this year. However, he says that the opposition has indicated that they have some proposals to make. His view is that we've got them on the run. Hmmmm is my view.Michel & I are agreed - no backing off at all. Well, not yet anyway. Link to comment Share on other sites More sharing options...
NormanH Posted June 11, 2014 Share Posted June 11, 2014 You are wearing them down [:D] Link to comment Share on other sites More sharing options...
betty Posted July 5, 2014 Share Posted July 5, 2014 Sorry seeing this at a very late stage but I can only sympathise with you Gardian. How on earth can the judge allow all these adjournments?I had a case over faulty fixtures in my house still under guarantee. The manufacturer just waved his finger at my genuine complaint so after much hassle it ended up in court. To cut a very long story short, I gave up due to mounting costs; it was just throwing good money after bad in battling with this manufacturing giant. I had no legal insurance. So IMO the crook got away with it.I would never ever again rely on a successful outcome with the justice system here.However, I wish you the best of luck. Link to comment Share on other sites More sharing options...
Gardian Posted October 16, 2014 Author Share Posted October 16, 2014 The Sept hearing was adjourned at the opposition's request and a new date set for 2nd Oct. The day before, the opposition re-iterated their original position and our lawyer felt obliged to ask for another adjournment in order to consult with us.Michel did a 6 page tome. I did 3 lines ! New date set for this morning.We duly arrived and met our lawyer - the opposition were 'no shows'. Our case was set aside to be heard with the other half a dozen 'meatier' ones later in the morning. 90% of the cases were adjourned for one reason or another.Anyway, we were last on. Our man spent 20 mins arguing our case and the President said that judgement will be given on 11th December. Here's hoping! Link to comment Share on other sites More sharing options...
PaulT Posted October 16, 2014 Share Posted October 16, 2014 Did he say which year?You certainly have had some fun and games over this - well done for sticking with it. Just hope it does not take another twist. Link to comment Share on other sites More sharing options...
andyh4 Posted October 16, 2014 Share Posted October 16, 2014 Incredible though it might seem, Gardian's experience with the process is not so different from our own, and I assume therefore is the norm.Next stage is to find out if the opposition accept or reject the findings of the tribunal. Like a soap opera, these things can run, and run, and..... Link to comment Share on other sites More sharing options...
Gardian Posted October 16, 2014 Author Share Posted October 16, 2014 [quote user="PaulT"]Did he say which year? [/quote]Actually Paul, the 'he' was a drop-dead gorgeous 35yo 'she'.I thought that it would be a good idea to get on the right side of her, so I said on leaving "If you play your cards right, you could have me tonight".Seemed to go down alright and might well help our case.[blink] Link to comment Share on other sites More sharing options...
Gardian Posted January 18, 2015 Author Share Posted January 18, 2015 Put simply ........... we lost.We heard on our return from the UK (over Christmas & the NY).Our little bit was successful, in that the 'party wall' was judged as being shared. Not a big thing, but a small victory.However, the judge found no reason to overull the conclusions of the geometre expert and ordered that the homologation should be carried out. All expenses to be shared 50 / 50, but a fine against us for ........... something.So, not good, but not the end of the world. I'm not very surprised frankly, nor cross, because our opponent had (in truth) a reasonable case in terms of the delineage of his plot of land.All over now - I won't bore you any further with this. However, it's not the end - we'll vigorously oppose any application for a PdC and there are good grounds for optimism.Lest anybody wonders why we entered in to this in the first place (and reading through all the background would be extremely tiresome) it was simply to be supportive to our neighbour, although we would undoubtedly be affected to some extent.It has cost us more than a few euros. Think very carefully before embarking! Link to comment Share on other sites More sharing options...
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