doocloone

French Justice (part 2 - 2005)

2011-11-22T14:54:00.001+01:00

In March 2005, I came toFrance to visit the property for the first time, and to sign the articles ofassociation relating to the SCI, which had been drawn up by a local notairechosen and consulted beforehand by my associate (on her own, of course!), who imposedherself as sole “gérante” (administrator) at that time. I was not fullyinformed of all the implications that this would involve with regard to theSCI's future management and operation, either by the notaire or by my associate.

I returned to the UK a day or two later,and the final deed of sale on the property was signed on 31st March by my associate as“gérante” of the SCI.

I put my house in England on the market right away, and found a buyer towards the end of summer 2005, leading me to make the decision to leaveEngland completely before the end of the year in order to go and live in what Ithought was my house in France as my main home. This move took place at the endof November 2005 (I made two trips back and forth between England and France, with all my belongings) and my associate was at all times kept informed of my intentionsin this respect.

Therefore, as of the end ofNovember 2005, I was living in this property which I had purchased 50/50 with myassociate (for me as my main home and for her at the time as a second home). Idid not have any other living accommodation at that time and continued to live on thepremises until I was forced out in May 2011, when the property was liquidated and sold at public auction.

From the very beginning, theSCI's management procedures (planning, budgeting, decision-making, accounting,working capital, etc...) were not carried out in accordance with normal rules(no general meetings, no joint decisions, no book-keeping) with regard tooperation of the SCI, occupation of the premises, work to be undertaken,purchasing of materials or services, etc.... Despite my repeated requests,firstly to my associate as administrator and subsequently to the specialadministrator appointed by the court, the SCI's official paperwork (deeds,supplier invoices, cheque book, etc...) were never held available (as theyshould have been) and kept on file at the SCI's registered address.

French justice (part 1 - 2004)

2011-11-08T21:23:00.000+01:00

Thiswill probably be long (spread over several days), so I hope you areall sitting comfortably!!

I'ma Brit who has split her lifetime (living and working) between Franceand England since the late Sixties.

During2004, while living in the UK, I started looking at ads on the webwith the idea of buying myself a small property back in France,closer to my daughter. I found a couple of small properties thatseemed interesting in the Loches area, south of Tours. Because theagency concerned hadn't met me and therefore wouldn't give me moreinformation on the properties, I asked someone I knew living locallyto make contact with the agency on my behalf, so as to have moreinformation on the properties before travelling over to France andvisiting them in person.

Ihad known this person for a couple of years and thought I could trusther, due to our shared interest in dog showing and breeding, oursimilar age (approaching sixty), our social situation (each of usliving alone), as well as her professional status (French civilservant working for the tax authorities).

However,in addition to viewing the properties that interested me, this personalso arranged to view other houses for sale with this same agency, inparticular the property that was later to be co-owned between us as aFrench Société Civile Immobilière or SCI (non-trading propertycompany). After her visits, she told me that the properties in whichI was interested were not at all suitable and that it would be farbetter to buy this other property that she had visited inco-ownership with her.

On12th December I arranged for a power of attorney with an Englishlegal firm authorising her to sign house purchase documents on mybehalf, and on 22nd December she signed the pre-sale agreementsubject to suspensive conditions.

Sincethat time, I have come to know that my supposed “friend” (let'scall her associate from now on) was in fact expecting an inheritancefrom her mother who had died a few months earlier. Until she receivedthis inheritance, she would not have the necessary funds forpurchasing the property and she therefore needed my financial input ascollateral.

New beginning.....

2011-11-04T10:22:00.000+01:00

I have just realised that I haven't posted anything on this blog of mine for almost three whole years!!!

Three years to escape from an impossible situation in France (on which I will write more later as a catharsis of my ghastly experiences) and to move to Morocco, where I hope to recover my health and spirit of adventure (already well underway I think, as I will try to show in subsequent posts here on this blog)

Three years in which I did precisely nothing, except try to extricate myself

Three years of misery and depression and loneliness

Now for the future!!!!!!!!!!!!!!!!!!!!!!!!

First post of the year

2009-01-25T19:28:00.004+01:00

winter has been hard to say the least especially knowing that the legal process is likely to take years rather than months - however this legal process covers both sides of the conflict......

brrrrrr

2008-11-27T20:35:00.006+01:00

First ice today on the ponds

with a real white frost on leaves and grass

blessed at the start with a crisp clear dawn and then at the end with a magical sunset

La Bienvenue - morning

2008-10-29T10:13:00.011+01:00

Today's photos show some of my favourite outdoor aspects of the property where I am living at the moment - and will hopefully continue to live once the unfortunate legal conflict has been finally (after nearly 3 years now) sorted out

First of all, the house itself (unfortunate about the ugly solar panels! especially as the hot water they produce is not of much use to me since the bathroom washing facilities were removed, leaving the whole house with just one single tap into the kitchen sink)

Some wonderful Oak trees

and the glorious Lime tree (Tilleul)

I love the play of early morning sunlight and this morning it was especially lovely after a slight frost. According to the weather forecast it is supposed to be rainy today - thank goodness they are so often wrong!!

Sloughis under autumn sunshine

2008-10-28T22:15:00.001+01:00

Very first post!

2008-10-28T11:45:00.000+01:00

Well here I go at long last with my very first blog post! Why has it been so ridiculously hard to make a start? Will it get easier day by day?

I moved back to France for the 4th time in 30 years or so, back in November 2005. This was a seriously bad decision as I have ended up being trapped in a crazy situation through trusting someone who I thought was a friend and buying a property in co-ownership...... but more of that another time

This first photo shows the gate to the track that leads from the house to the road at the start of a lovely October morning.