no luck with French solicitors

[Cfcjohn]

My saga with my legal dispute with a French architect msut come to an end in 2 weeks time - my final postponed court date. The dispute concerned work I believed the architect hadn't started and was completed after I cancelled.  We had no contract and the payments were staged at certain points based on 11% of the total final build costs.  I was expecting to trim the costs down after the estimates to be sent to builders (the stage in dispute) which would have reduced amounts due and those already paid.

I posted here some time ago and employed a London based French solicitor recommended (I'm sure innocently) here.  He has since admitted he is not a registered solicitor and  gor my money I got a letter offering settlement and him to refuse to return my documents demanding further payment.

I went to a London based firm recommended by the Law Society.  That initially seemed quite promising they said they would argue on grounds of jurisdiction and the fact that I do not have a contract with the architect and not to worry. They even suggested ignoring it as it would be difficult for them to persue the debt!

They achieved case postponement and another offer of settlement which was turned down but  the details were sent to the non-solicitor.  I finally found this out 2 weeks ago that the case was due to be heard again in 2 days time as I departing next day for a month working in New York.

The case was postponed again until the day after I get back.  The solicitor asked for a further £1000 to continue, but could not advise on the case without anylsing it (which I assumed had been done already).

So I am now without solicitor.

The outstanding money is just under 7000 euros with a demand for 1000 euros compensation and 1 200 to the court.

The architect has refused all attempts at amicable settlement (including an offer of the full amount obviously less compensation) everything is ignored and has been ever since the initial threat of legal action.

It feels like I am having to give in to blackmail.  I guess now I must find the best place to sell a barn with planning permission ASAP.

Some initial advice to just pay it all here and cut my losses seems good in retrospect now. Alternatively I would recommend seeking legal help in France as this would hopefully be at least as good as what I have had in London - there's just the problem of finding it when not fluent in French.

[Hegs]

Sounds familiar. Is the architect registered with the Ordres des Architectes (www.architectes.org/ ) ?

If so, he must under the general terms of membership submit to arbitration under a tribunal of the Ordre before legal action under the terms of his registration. They have the power to suspend, strike off and fine the architect in case of professional misconduct. What an artchitect should and shouldn't do is very tightly defined, including the exact size of drawings etc and he will almost certainly be in breach of many articles. The fact you didn't sign a contract is irrelevant (actually against him) and the fact he's tried to sue you will be held against him also.

If he isn't registered, describing himself as an architecte is a crime and will be treated as such. The ordre will help you with this.

All you have to do, is to write a registered letter to the Ordre for your area saying you are in dispute with XXX, outlining the reason and asking for a tribunal.

Don't give up against these scum. We know several people who have won their cases against a rogue in our area (English I hate to add) and the Ordre have been very supportive.

[Cfcjohn]

Thanks.

He is registered - I sent an email to the ordres des architectes (Bordeaux) on Monday, with a chaser on Friday (Bordeaux and the general email) explaining the situation and asking if they could asist.  No reply as of yet.

As I mentioned I'm actually stuck in New York (no chance of any enjoyment with this going on) so I'm not sure about timings of registered mail from over here ie if it will take longer to get there - I have two weeks (on Tuesday) to get it resolved before a hearing in Bergerac.

I'll try sending copies of the email by fax and I guess I could get someone in England to send a registered letter on my behalf

 

[Sunday Driver]

[quote user="Cfcjohn"]

I posted here some time ago and employed a London based French solicitor recommended (I'm sure innocently) here.  He has since admitted he is not a registered solicitor and  gor my money I got a letter offering settlement and him to refuse to return my documents demanding further payment.

[/quote]

Report him to the Law Society and they'll prosecute him.  I know it won't help your predicament, but a bit of cold revenge might cheer you up....

[andyh4]

Most definitely send a letter (registered) to France, or get someone to do it for you.

 

E-mail is considered too informal by official bodies and professionals and you can expect no response whatsoever.  The key thing all of these professionals need is a signature (can be faxed as well) and then they take things seriously.  No signature and whatever it is is not taken seriously.

 

Good luck

[Cfcjohn]

I did report him some months ago, but the Law Society only have jurisdiction over their members unfortunately.

Les ordres des architectes have replied that they are investigating. I have 10 days until the court date now, so I'm hoping they can help resolve, otherwise I have run out of options.

 

[Cfcjohn]

Still waiting for a reply from the ordres investigation but time is running out.

Assuming I pay everything (claim/compensation/court fees) to avoid further expense getting representation in a French court and the ordres come back and say I have a valid case, it raises something that has been in the back of my mind regarding international law and jurisdiction.

I presume I could sue the architect, he would get summonsed in France and have to employ English speaking solicitors - the reverse of what I have had to do.  I guess he would be covered by insurance so it would actually be no hassle/worry for him unlike what it has been for me.

I do feel if there is a cross border agreement that I should have a right to reply in English at all times.  All my dealings with the architect have been in English so it seems unfair that I should receive a French summons from an English court  to appear in France but not have a right to reply to the English side of the process!