Quietude URGENT

Sorry to be so harsh in my response but having been through the whole experience and exited at the other end I feel I would be less than honest if I provided anything positive.

I used a lwayer in Nice,he had dealt with these problems before but as most Lawyers they are all linked in somewhere along the line and they are certainly not the legal professionals you would expect to be dealing with.They really are a different breed and they will happily take your money even when they get no results.

I can tell you that the legal system France doesnt work,you will not be treated as the victim you will be treated as a UK resdient and will be way down the feeding chain when it comes to payment

For example Ive spent 6,000 Euro and never had anything back,command de payer,court orders,attachments to bank accounts etc,all have been ignored and the french lawyer appear to be very lax in chasing this,why would they they have had your fees.Im currently owed 40,000 Euro

I did a huge amount of research on lawyers and even travelled to paris to meet with one of the best,he again proved to be useless and wanted extortionate win fees,8% of apartment value for proving miss sale,not for providing you with actual hard cash

I now have another lawyer who appears ok but no brilliant,as yet I still have no money.

I think you need to open your eyes to others experiences,especially those which have been through the process,i cannot stress strongly eough that you need to be brutal and take everything even from legal representatives with a pinch of salt.

Anyway you have been warned and I hope you take my views as that of someone who is trying to help.

Incidentally I evicted last year and was then asked by the administrator for my keys back,my lawyer also asked and I told them where to go,some people gave their keys back and paid dearly,for me and others who refused it was a mater stroke as we continued to rent and avoide further expensive litigation

I personally have made far more from private rent than leaseback so for me the moves I have made have proved correct

Good luck and I wish you well

Wayne

If the lease is broken, forget the law as they use this to their advantage. Go down to B and Q, buy yourself a good Bosch battery drill and a couple of locks and use your imagination. Film the whole thing and give the local Police 21 days notice in writing as to what you are doing with a copy of the broken lease. Once you all have your keys the business no longer becomes viable. They can take you to court but just keep sending the paperwork back - not known at this address and "I do not understand de French sir". Think how they think and not how your told to think. If worst case scenario is they try to take you to court, say your property was going to be repossed and get yourself a newspaper reporter and photographer to accompany you. I get fead up with reading about people serving Command De pays etc etc and waiting 18 months to get nothing and they pocket the money in the meantime. You can really legally hurt these people. Who dares wins.

Mutley

May I suggest you start by suing the agent who sold you the property for miss selling and secondly do not allow anyone who was involved in the sales process to act on your behalf as this means you will never be able to sue them at a later date.

I think you need a lawyer first and one who has balls (Not many around in France)

Also think yourself lucky to only be owed 5,000 Euro.....some of us are as much as 40,000 Euro

Dont expect to see any money for at least 12 months if any at all

Sorry to be negative but you need to manage your expectations

Hello
I am an owner of a property with Quietude.
Does anyone know what happens next? I know we have to apply with the court for money owed in the past - for me nearly 5,000 euros. But what happens next. Will this property continue to be a leaseback or will Ihave to take possession and rent it out myself thus having to pay back the VAT?
Who decides what happens? I dont even know where to start? Is there someone we can contact about this? Anyone else in the same boat? I thought also it was government backed or guaranteed? Do they not have to do something now and is there an office responsible for this?

Sorry - bit desperate.
H

I confirm Quietude is in Receivership (see below).

QUIETUDE EVASION
480 677 061 R.C.S. PARIS

Adresse : 64 R TIQUETONNE 75002 PARIS

Le Greffier du Tribunal de Commerce de PARIS certifie que les recherches faites concernant les procédures et déclarations ci-après :

- règlement judiciaire et liquidation des biens

- déclaration de cessation des paiements (procédures ouvertes avant le 1er janvier 2006)

- redressement ou liquidation judiciaire

- procédure de sauvegarde

concernant l'entreprise ci-dessus ont donné pour résultat :

Date : 28/07/2009
N° : 2

LE TRIBUNAL DE COMMERCE DE PARIS A PRONONCE EN DATE DU 28/07/2009
L'OUVERTURE D'UNE PROCEDURE DE REDRESSEMENT JUDICIAIRE SOUS LE NUMERO
P200902360 DATE DE CESSATION DES PAIEMENTS LE 22/07/2009, ET A DESIGNE
JUGE COMMISSAIRE : MONSIEUR FIOT, JUGE COMMISSAIRE SUPPLEANT : MONSIEUR
ELMALEK, ADMINISTRATEUR : MAITRE CHAVAUX MICHEL 11 RUE DE SONTAY 75116
PARIS, AVEC POUR MISSION : D'ASSISTER, MANDATAIRE JUDICIAIRE : SELAFA
MJA EN LA PERSONNE DE ME LEVY FREDERIQUE 102 RUE DU FAUBOURG SAINT
DENIS CS10023 75479 PARIS CEDEX 10, ET A OUVERT UNE PERIODE
D'OBSERVATION EXPIRANT LE 28/01/2010, LES DECLARATIONS DES CREANCES
SONT A DEPOSER AU MANDATAIRE JUDICIAIRE DANS LES DEUX MOIS A COMPTER DE
LA DATE DE PUBLICATION AU BODACC.

Cheers,

Brian

I agree with JuanAzur however whilst developers and banks are generally known to be unscrupulous and history shows us they usually get away with it. 'Once a criminal always.....'

In my case it is the company of notaries that are liable as they become involved at an early stage, handling money and supposedly providing legal security. This body is evidently not benefiting foreign investors and should someone want to 'go to the top' then we should be complaining to their High Council. Just an idea? Any comments anyone?

I agree the systems seems biased, but do no share your views that everyone is making money on this. My solicitor for example did offer genuine legal help. As a result of his work, I quickly got paid the last quarter of 2008, days before before the company managing my leaseback apartment became bankrupt.

I do blame property agents and marketers though, especially those that have close relationships with management companies. We were mislead when we bought these leaseback properties through them.
Duffmary40022.335775463

Rich

Having read all of the posts on this forum over the last year and a half I think I can answer your question. Practically everyone in France is making money on this, the developer, the bank, the notaires, the solicitors etc. They are all irresponsible. I cannot understand the attitude of the French government on this. They don't care about Irish, British or other overseas owners, they still get the tourists coming to France whether or not leaseback owners get paid or not. WE are the ones with the mortgages and the worries, but the French legal system always sides with the French management companies.

Thank you for your reply, I have a difficult time understanding how the courts can allow a lease transfer from a management company in trouble to another that seems in worse shape? I thought these where serious and responsable people!

Who are Cabinet Babin, I have never heard of them.

Has anyone offically heard Quietude have gone into receivership? As this apparently happend on 28th July I would have thought the receiver would have contacted us by now but have heard nothing.

Trust me dont pay anyone as nothing apart from Legal will help get any rent from anyone.

Sadly the legal process will have to take its course.

There are many individuals who sold leaseback who have now turned to other avenues of income to extract income from their clients,dont go near them in fact hit them with ''Miss sale'' and nail them to.

Sorry, one other thing. Has anyone had any luck with this blog: http://quietude.over-blog.com/

It looks like you have to join ADPRQ and pay 50 euros. I would gladly pay it if it helped get rent.

I have heard nothing from the receivers about the Quietude even going into receivership, never mind anything about rent. I did come across a site on google from a French newspaper that said all the salaries of employees would be paid. It is nice to know we are keeping people in a job, even though I can't pay the mortgage. There is not much I can see that offers a ray of light. I have sent corres. off to the French Embassey but have heard nothing back but from the posts on the newspaper site, this is a widespread problem so I am surprised the French government have not said anything officially on this. Well maybe not that surprised...

Has anybody heard anything from Quietude or the receiver yet?

Also, has anyone yet been successful in receining any rent from the receiver? I have seen posts on the Residhotel blog stating that rents were received from the receiver during the liquidation period but am not sure if Quietude has any money to pay any rent during its receivership.

Has anyone heard anything recently about this Group. We

have sent emails and rang them and are getting no replies.

The address is not the same but pleased be warned. Perhaps when you know the subject of the letter you can let me know. The fact that Cabinet Babin has not even bothered to write to you in english makes me suspicious.

Do you have a syndic company?

I do like to think that there are people out there ready to make false promises to honest investors but THERE ARE!.

If you have grouped together to hire a solicitor then you will obviously forward the letter to them and let them deal with it.

The top of the letter says "Administrateur de biens - Syndic de coproprietes"

The address is 2 bis, avenue de la Plage, BP 16 La Faute sur mer and the letter refers to a meeting on 10 September at 3.00pm. It is dated 10 August

I know of a Mr Babin.

What is his interest and what address is he using?

Why is he writing in french?

If it is the same person then tread carefully before responding.

Hello Bertrand, any chance of quietude (ex-RH) owners like myself (Le Virginia Grasse) getting are rents paid for May and June this month?

HI - I have just received a letter from Cabinet Babin. I am going to get it translated but just wanted to know if anyone else has got the same letter and what is it about?

Firstly get a lawyer in France and and request he evicts,you will have to supply much paperwork and original documents.

Make sure you evict before administration or you will be another 6-12 mm onths

This is a drwan out process so you just have to wait.

Wayne

Wayne,

When you say you evicted last year, how did you go about

doing this.

At present I would really like to take my property back.

Joanne

There are horror stories about French lawyers, but I can say that the bilingual French solicitor I have instructed is totally professionnal, independent and efficient. I got paid as a result of his work.

Make sure that you instruct a proper French lawyer, i.e. an avocat that is registered with a local law society in France. Mine is dual-qualified in France and the UK! Unfortunately, his details appear to have been removed from this forum. It is a shame, as the guy in question really is competent and impartial.

Thanks Wayne,

Anyone want to stay in France?

Parties of 30 catered for.

I wouldnt wait for the law to change re TVA,take the money and argue later,just make sure you provide the services required for leaseback

If you have waited 5 years you must have lost 5 years rent,I suggest you get it rented asap and make some money

Wayne

PS those looking for lawyers,tread carefully

To HIrl - would you mind letting me know who your solicitor is and if you would recommend them. I would like to explore all my options.

Also, as a general question, does anyone know if the banks have chased anyone who has effectively let the bank repossess their leaseback and left them with the problem of disposing of it?

Many thanks.

Hi Wayne,

May I ask when you say private rent, do you mean renting your leaseback properties despite the VAT repayment charge? Have you been asked to pay or have paid the VAT? I still feel 'threatened' by this 'item of law' but am trying to rent out my apartment as this is my 5th season waiting for the 'law' to come up with a solution.

Or do you mean private properties. Feel free to answer privately.