Non- Payment by O'Dalys & Cest La Vie

Hi Ger,

It same everywhere. I've been emailing them and phoning them , emailing Odalys Director François Mariette,nothing . No response. I know lots of people have been sending emails to François Mariette and nothing.

Staff in the company is not making decision collectively to ignore everyone. This is modus operandi coming directly from François Mariette. This man has single handedly destroyed reputation of the sector. 

What you can do is serve them with CDP. This is what I’m going to do. I have not received any rent for 2014 and I’m unable to get any answer from them,

I have had the same problem but gave up talking or contacting them. I went to the local "Hussier" (the Bailif). I paid them 250 Euro and
issued them the agreements and passport data. Odaly is now up to date with my rent.

Why did the bailiff charge you so much? All my clients who have served CDPs have been charged between 120-175 EUR. One paid more than that but that was because he had 2 apartments in different residences.

Odalys pay up!

Much to my surprise I received notification today that Odalys had finally paid my entire year's rent for Les Mimosas in one go. I've checked my bank account and it's there.

This may be just coincidence but I sent them a Mise en demeure (demand for payment due) in November, which might be the way to go before launching a Bailiff as it's free. I had just about given up hope and had instructed C'est La Vie to launch bailiff action this morning but have managed to halt that before it started. If anyone wants a copy of the Mise En Demeure let  me know and I'll pass it on. 

reply to   post  from Bexdad1 and rent payment from ODALYS

re--- mise en demeure

thanks for information and good to hear you actually got paid rent from ODALYS

I am struggling to get paid at the moment-with no success

so accordingly,

I for one would be absolutely appreciative of your offer to pass on this  mise ne demeure information

i also have been sending emails daily and getting no reponse, i would like to send a request for payment, has anyone got the address/postcode where i would send it to

thanks

jo

You cannot send a request for payment (or CDP). It must be delivered by hand by a local bailiff.

Seamus

I received an email this week Regarding Odalys That May Be of interest.

It semble To Be quite positive in terms of being white made funds available to cover outstanding rent, purpose I guess We Will see ...

Subject: ODALYS = favorable response for copros ....

Good evening to all and to all,

This email, to finally announce good news, that a buyer has finally decided to recapitalize the ODALYS group. The regional director had already called me from 2:00 p.m. date

to tell me that, as indeed he had promised, and he gave me the scoop, that a contract had been signed without having too much detail.

I called the office of the Directorate to whether he could give me the schedule of Mr M, so I can talk to him, as was also agreed there is a week

on the development of the situation. Of course, no one could commit because the main leaders were on "the bridge".

So I leave him a message on his cell phone, so it just reminded me tonight at 7:15 p.m., and I appreciated his attitude and responsible dialog man.

Mr M me therefore announced, they have not responded to the American group, against and as I had left it to you to hear, Financial DUVAL, but the Belgian branch has signed the agreement, it m 'therefore

said that on Monday, they put 10 to 12 million euros on the table to release the lease payments, and they recapitalisaient up to 25 million in the group.

He also asked that I inform you that the information and Villepey Eucalyptus have the scoop to the outbreak of the balances of unpaid rent. currently no mail will be sent,

ODALYS against by going to a communication in the press in 8 to 10 days.

Mr M does not know what time it is, to be, and what will be the role of their representative in the group. To my question concerning the future direction of tourism or other diversifications, and the policy applied

by the new shareholders, it can not comment, it's too early.

I grew to understand that tourism will take pride of place, especially as the advisor of this group is: Mr Henry Giscard d'Estaing CEO of Club Med, a character in itself, but in my case not please me not too much, because of

positions sometimes ambiguous, but this is an advisor !, then sit down to keep only the skills in tourism ..

Mr M held me close to running in a month, on the restructuring that is sure to come to light, and of course future directions.

I spoke with him, a subject that our friend suggested I P. G, ie crowfunding (collaborative funding) 10000 homeowners who would return to the capital, but it should bring everyone together and

all agree! ... He did not hide the fact that it had been mentioned by cons, too complicated and too long especially to implement what I understand perfectly.

I think in any case that Francis and have enjoyed it, and that's what I thought I understood, this approach, and especially what I defended with several friends co-owners, that heading or behavior

partners to find solutions without falling consistently in the procedure, in such circumstances does not solve everything !, but agree with, ultimately remains the same, the solution.

So here is a first response, I leave tomorrow abroad for a week, Mr M had indeed call me tomorrow, it's also one of the reasons that precipitated my call because remotely, n ' is not always clear

follow certain situations.

Very best,

With all my friendship

Sincerely

That sounds promising!

Bexdad1, I would also appreciate a copy of your mise en demeure as we haven't been paid by Odalys for more than a year now!

Regards

I suspect it was only coincidence that you were paid rent after you sent a "mise en demeure". This document poses no threat to a management company. The only thing which poses a threat and therefore forces the company to pay is a commandement de payer.

Seamus

Seamus,

Can a CDP be issued en bloc i.e. by a group of owners covering several properties. Like others we are having issues with Odalys at les Berges du Canal, Bezier. There is a group of around 17 English speaking owners covering 19 properties who are chasing Odalys for the arrears in Rent and Communal Charge .

Would we have to issue 17 CDP or (if logistics allow) could we submit one covering all with a schedule of arrears.

Cheers

Andrew   

According to case law 4.02.2014, no. 12-13.653 a commandement de payer must be submitted by a single individual or in leaseback case tied to 1 single lease. I can see this makes sense logistically because you have to provide a copy of your lease with your CDP.

Seamus

Apologies for the earlier post; I see my browser translated it back to English before I hit send.  Here's an interesting article from Les Echos last week.It covers a expected €25 million recapitalisation of Odalys and has some comments regarding resolution of late payments."Expected for several months, the sale of Odalys, the number two French tourist homes, finally takes place. "http://www.lesechos.fr/journal20150130/lec2_industrie_et_services/020412...

Having said that, I could not recommend highly enough the CDP process offered through this website. Last December I had been 14 months without receiving any rent from Odalys. For most of that period I had no correspondence from Odalys, despite constant emails and phone calls looking for the outstanding rent. 

Seamus's help was invaluable, both in the preparation of the CDP and in liaising with the Huissier where necessary. On the 28th of December I received payment for the entire12 months I was owed. Anyone who has had to deal with the Odalys’ wall of silence will appreciate that coming in a close second to getting paid (which was essential), was the fact that we had taken back control, and for the first time in over a year had forced open a line of communication with them (albeit through a Huissier). 

Best of luck,

Declan

Hi all

I have read your posts with interest. As an Odalys leasholder at les Mimosas I'm owed 15 months payments now. So as it stands with the recap of Odalys is it best to leave things for a a while hoping that payment will be made or just go ahead with a CDP? In which case I wold appreciate any advice on how to raise a CDP.

Many thanks,

Matthew

To raise a CDP, simply select the CDP menu option on the website - or you could use the traditional route and pay a french solicitor approx 200 EUR.

Seamus

Hi All, I am an owner of a house in Residence Les Greens du Bassin. Last week, with Seamus' help the Bailiff has handed over the CDF to Odalys, which includes rent over past 3 quarters, indexation over the rent during several years and legal interest. The Bailiff costs can also be charged to Odalys. My case is probably excepional because of the index arrear? Franz

Hi

I own a studio in Le Neptune along with about 20 other owners. We have all had problems with Odalys and late rent. Our lease comes to an end in 2017 and we are concerned that a renewal of the lease may result in lower rental income. The rent has not risen in the last 10 years. However when we email them they do pay up and I am up to date. Is it not illegal to pay late rent, they could not get away with it in England? Has anyone approached a solicitor regarding the legal implications?

I am very early in the buy and leaseback experience, owning an apartment in Fermes de Chatel.  Our 3rd installment was due 15 october but has not been paid and I am receiving all the stonewalling tactics described in this thread (refusal to speak to me but will not respond to emails).  At what stage would anyone recommend that I initiate the CPD process - once a full qtr or two is overdue or is it worth threatening with a CPD early to try to give them a jolt?

We receive many requests for CDP re Odalys. They continue to have cashflow problems but they always pay rent owed following a CDP request. If you do not issue a CDP they will possibly eventually pay the rent owed but they will delay payment as long as possible.

Seamus

Thx Seamus - to close the loop they finally paid without need for CDP - 2 weeks overdue