commandement de payer - Unsuccessful

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commandement de payer - Unsuccessful

Hello,

 

I sent a payment demand for my unpaid rent and months later I received documents from the bailiff regarding a court case. It seems the demand was rejected on the grounds that my lease did not exist and it seems to have awarded costs to the defendents. I have also been compelled to seek legal advice on this matter and so far I haven't been able to find a lawyer who has responded to my request.

 

During this time the management company and owners of the resort still have control over my property and refuse to cancel the rent. I have heard of the CDP being rejected for being inaccurate but as far as I am aware this situation is almost unheard of.

 

Is there anyone who has had experience of trying to claim unpaid rent back? Also does anyone have details of a lawyer I can use to advise me on how to proceed?

 

Thank you.

 

 

Contact Fabien Cordiez

 

https://solicitor.fr/index.html

 

Thank you I will let you know...

We used Fabian Cordiez he was very good always answered email and got back to you.

Felt confident throught out our exit of leaseback. Wouldn't hesitate to use him again.

I got in touch with him and he was very helpful and got back to me straight away. He's put me in touch with some litigation lawyers who can advise me further. 

In the name of God - if the authorities say there is no lease why are you even considering legal action - with no lease the managemnt company has no hold over the property - change the locks install an alarm system and deny them access - how can they go to court if no lease exists???

 

I really hope so! I actually had a key safe fitted last year but I'm not sure if it has been removed. I contacted the management company asking for the keys back but they just ignore. I received the court documents in January and as yet I haven't been able to make complete sense of them.

I'm trying to get some confirmation from a lawyer that this is the position but very few seem to know. The management company will start renting the properties from March onwards and at some point its going to lead to a confrontation. 

Strangely it was the tenants who brought up the problem with the lease in their defence, making the situation even more bizarre.

It should be a simple case of this being legally verified in some way but it seems unneccessarily problematic.

 

 

I repeat change the locks deny them access - serve notice on them, that as they no longer have a lease on your property they can have no access to it - let them take you to court

Alright let’s see and i’ll let you know.

After being completely ignored by the management company and owners of the resort I asked them for my keys back.

Very quickly I received this response from their lawyers.

If anyone could shed any further light on this I would be grateful. Thank you

Chère Madame,

 

Je suis l’Avocat habituel de la société  CAMIOLE RESIDENCE, laquelle exploite la résidence du château de CAMIOLE.

 

Je suis chargée de répondre à votre correspondance adressée à la société VACANCEOLE.

 

Je vous informe que contrairement à ce que vous indiquez, votre bail n’est pas résilié.

 

En effet, le commandement que vous aviez fait délivrer par acte d’Huissier a fait l’objet d’une contestation par-devant le Tribunal de Grande Instance de DRAGUIGNAN, puis aujourd’hui devant la Cour d’Appel d’AIX-EN-PROVENCE.

 

L’instant étant toujours en cours, il est aujourd’hui impossible que vous puissiez considérer que votre bail n’existe pas.

 

Bien entendu, vous pouvez venir visiter la résidence et plus particulièrement votre appartement.

 

Pour cela, je vous invite à prendre contact avec Madame Géralde JAUFFRE.

 

Je reste à votre disposition et vous prie d’agréer, Chère Madame, l’assurance de mes sentiments les meilleurs.

 

 

 

 

 

 

If the court states that your lease does not exist then ask the management company to produce it and take it from there

So I have asked them if they are aware of the court case I am referring to and that it states the lease does not exist. Lets see what they say now. I have also told them that in order to visit my property I need to be able to access it.

 

Thank you.

It seems they are playing the ignoring game again. I have had no response from the lawyers. I need the main gate code to be able to access my property. If I just go there I might be stuck outside.

They are saying the lease still exists and I asked them if they know of the court case I'm referring to? They actually brought that action against me to counter my demand for unpaid rent.

I haven't even been able to work out exactly what was decided as no one seems to completely understand what happened or what was stated in the paperwork.

I am also wary of changing the locks without getting legal approval as I have heard it could be classed as illegal reposession and this could cause more problems in the long run.

 

https://fightleaseback.com/faq/

 

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