not represented in court

[Cfcjohn]

In my dispute over architects fees I was expecting the professional body (looking into it for the last fortnight) or the architects solicitor (wouldn't speak to my French speaking friends but gave email address for me to contact them) to come back to me, but neither have with  the case due in Bergerac on Tuesday. 

I will try telephoning both on Monday. If neither will help to resolve out of court, then I am left with no local representation.  If I cannot get any at such short notice can I fax the court with my position?

I'm in London so it will be difficult for me to attend in person.

[Nick Trollope]

Are you saying that you were expecting either the Complainant's professional body or his Lawyers to act for you or represent you? That's a little naive isn't it? I can't imagine the court looking kindly upon the fact that you have not managed to arrange representation and can't arrange to be there to represent yourself.

This is a final date isn't it? (from your earlier postings). Frankly, I would expect the court to make the award in favour of the Complainant. Despite what you read, the court can award costs, too (especially, I understand, when they are messed about).

At this stage, I would suggest that you ring the other parties Lawyers, and offer to pay the full amount before the court date.

Or have I got the wrong end of the stick?

[Mpprh]

Hi

I had a similar case. I used an avocat, but wanted to see the procedure so attended the hearing.

There were 54 cases to be heard that afternoon. At 14.00 35+ avocats gathered at the front of the court. My man said "I've got another case in a different court in 30 minutes, so I'll try and get yours heard first (in fact he had two cases to be heard first !). The judicial panel called out the name of the defendant, no one answered, and within about 30 secs the papers were handed over and the case was finished. We had to wait 10 days for the official confirmation from the court. All the non represented cases were cleared in a similar manner.

I rather think that, as you will probably have an avocat defending, you need to be there. Maybe you have 100% confidence no one will question your dossier ?

Peter

 

 

 

 

 

 

 

 

[Cfcjohn]

Was I expecting the other solicitor to act for me? Of course not.  Was I trying to settle out of court? Yes. So  I got French speaking people (including solicitors) to try to negotiate a settlement. 

If you followed some of the other posts in another recent stream, there was a suggestion that the professional body would not advocate this course of action and in my opinion would be well qualified to arbitrate between me and their member. They have said they are investigating, not they aren't interested or it is nothing to do with them.

When you say they are messed about, what exactly do you mean? I have contacted the solicitor, the architect, the professional body, the court, the insurance firm and generally get no response or ,as I said, the opposing solicitor said they would only talk to me about what is required to resolve this, gave  an email address  and then ignored my email until it is too late. Who is messing who about?

[Nick Trollope]

I was trying to help. If you can't sort out your representation, then that is not the fault or responsibility of the Court - this is the attitude they are likely to take.

Was I expecting the other solicitor to act for me? Of course not. 

Was I trying to settle out of court? Yes. So  I got French speaking

people (including solicitors) to try to negotiate a settlement.

But none was negotiated?

If you followed some of the other posts in another recent stream,

there was a suggestion that the professional body would not advocate

this course of action and in my opinion would be well qualified to

arbitrate between me and their member. They have said they are

investigating, not they aren't interested or it is nothing to do with

them.

This Architects professional body can only act for him. Believing that they will act equitably is well .. a little naive...

When you say they are messed about, what exactly do you mean? I have

contacted the solicitor, the architect, the professional body, the

court, the insurance firm and generally get no response or ,as I said,

the opposing solicitor said they would only talk to me about what is

required to resolve this, gave  an email address  and then ignored my

email until it is too late. Who is messing who about?

The Court will take take kindy to parties in a case not turning up. See the other post.

If you can't turn up, you must know by now what to expect? I also suspect you knew this already, so why post in the first place? There are no free Lawyers on this  forum! That's enough from me on this subject, but good luck anyway.

[Tony F Dordogne]

There are enough threads on here which mention the general French attitude to email to indicate that no matter what you are told, email is regarded as either not appropriate for legal work or is ignored completely.

It seems that you are caught in the French bureaucratic nightmare of a non-French buyer with not enough spoken/written French, maison secondaire, not living on site or close to site and not able to deal with things in an immediate manner, like being able to go to the office yourself.

As we have found out it's difficult enough to get things legal resolved living here full-time.

To be honest, at this late stage, I think you're not going to get proper representation, try your insurance company if you have one to see whether you're covered by legal protection, get an expert/mediateur in to help but get an adjournment if you can, speak to the Court officials directly.

If you can't get it adjourned, I fear you've had it.  

[Cfcjohn]

None was negotiated? Correct.  It takes two to negotiate, I sent an email direct to the opposing solicitor asking what was required payment wise to avoid court after he gave the email address to use. No response.

You like the word niave. So you think a professional body is worthless. I assume you are qualified and carry your cynical view to all such bodies?  A fellow poster suggested differently from experience.  I spoke to them today and they are struggling to help because the architect isn't responding to them. I'm niave enough to think this strengthens my case.  They have asked me to inform them of the outcome.

I did find a local advocat who has liased with the court.  They know I won't be turning up having spoken to this advocat.  I'm paying for this advice - I seek nothing for free here, just knowledge and experience. Judging from your 1100+ posts you must be in a good position to dispense it.

I was niave to expect to resolve this before court, based on what I was told from conversation my french speaking friends had with the solicitor whilst I was 4000 miles away in a different timezone.

I'm sure others may benefit from our personal insights then at least some good will come from it.

[Dick Smith]

Well that's another messenger shot...

('Naive', by the way - just keeping up MY reputation)

[Cfcjohn]

Dick,

I demand free license to spell how I like after a bottle of white wine to drown my sorrows (New Zealand wine at that!).

Never trust policeman, solicitors, professional bodies, but you can always rely on a good spell checker!

I won't be afraid to post the results of the court hearing tomorrow night, regardless.

[Dick Smith]

You think I need a spell checker?

[Cfcjohn]

no - I think I  was trying to point out I got it wrong (as usual) you were 100% correct.  Its just not a nice word to use imho (not by you) especially when large financial losses may be involved!

[Just Katie]

Hi Cfcjohn,  I did not turn up for a court hearing in UK and they threw the book at me.  It is still very sore with me today and I am the type of person who 'lets things go'.  I hope this does not happen to you.  I have another court case coming up (this time I am prosecuting) and I WILL be there to fight it tooth and nail.

All the best,  please tell me how you got on.

[Renaud]

Cfcjohn - Good luck!

[Cfcjohn]

court sat in my absense today, and it has been adjourned/postponed until May 9th.

Am I glad I didn't fly out to hear this, yes?

I'm happy to have a Scottish advocat to talk to now, knowing that he will be able to speak to the opposing solicitor, or tell me what is going on if he cannot.

I've paid just under 9000 euros to an architect and have been asked to pay another 9000, and I have plans, permis, and a document with some estimated prices to give to builders to get an estimate.

I'm not sure this is worth 18 000 euros (half the price of the barn). If it is, even if it is judged by the architects professional body, I will pay. 

Still sounds like a lot to me especially when the architect couldn't back it up with a contract which would have protected both parties.

[Russethouse]

Was the fact that you were absent the reason for the adjournment ?

Its horrid to have something like this hanging over you - good luck with it.