We had to wait the 7th trial, June 11, 2009: A judge overturned the decision of the Commission (which wanted to impose a new plan for another 10 years, taking no account of time already done), recognizing "that could not evade previous plans - the total time plans should not exceed 10 years, in the absence property in "We could see light at the end of the tunnel!
But the trial judge ruled incorrectly that the original plan was for a moratorium and therefore should not be withheld in 10 years.
But just reading the title of the document filed in court, if it had been read, enough to see that this was a conventional recovery plan, signed and accepted by all creditors (the credit professionals) in September 2000 - providing a monthly fee of 914 €, the sale of our home, and the sale of our severance pay.
The Error was so egregious that we seized them Judge for the 8th time. We asked him to please rectify the error that we qualifiâmes of material, under Article 462 of the new Code of Civil Procedure, which refers to appreciate " what the record shows or failing that, what reason command.
The judge acknowledged his error, but has called a interpretation and upheld its earlier decision to award costs against us: Manager, but not guilty!
Victims recognized by a Judge of what is euphemistically called an accident of life and its consequences, the debt liability, retirees in their seventies, we try to survive for ten years with the straitjacket of a conventional plan of reorganization, whose legal term was originally eight years only.
The Commission recognized at that time the fragility of our situation, since it stated:
"With household debt after the private sale of their home, these retirees have no chance of seeing their material situation evolve " cons by presaging the inevitable deterioration in any hazard of life.
The sale of our main house forced us to seek a lease, with all the difficulties related to our filing, which the rent was higher than our monthly mortgage resulted advance, following the forced sale of our residence
We managed to clear 50% of our debts but we felt completely stripped, vulnerable, without any precautionary savings to cope with the smallest unexpected. As
implying the Commission, our living condition is getting worse in a way recurrent.
Since we are engaged in the legal maze of this complex procedure, interminable and inhuman, we faced eight commissions of indebtedness, and eight judgments.
The multiple requests for review of our record since 2004 failed, and we could not qualify for any aid provided, granted to the poor, including welfare recipients and officially listed.
For us, the Unidentified, false welfare recipients, however, enjoying the legal mite survival under Justice, we had to simply survive on less than 600 € / month and sometimes, with 200 €!
We judged on appearances, our pensions, we give the right to tax and social security, and not on our factual residual for our sustenance - deprived of all aid, including legal aid. The assistantship
legal, social and family, and psychological care, provided by the reform of 1st August 2003 were still missing in this legal route, and when one is overburdened, and even acknowledged by the Justice, one can not not assume the burdens of a lengthy procedure.
Like all victims of indebtedness, untrained the mysteries of Justice, we have suffered rather than accepted the decisions, supported malfunctions, omissions, confusions, non-transmission parts and their consequences. And although we have advised the Minister of Justice on five occasions from 2006 to 2008, we had no right to any response.
Nevertheless we get a ruling stating we " we could not evade previous plans whose total duration should not exceed ten years " But we should serve eleven !
And our FILING would last 10 more years, we banishing lifetime access to credit . We could never consider changing our old car.
This accident cost us the lives of more opprobrium, 20 years of humiliation.
suggestions to our elected officials of every stripe :
As victims and witnesses of debt liabilities, we suggest, to contain this scourge, which the legislature does not negate the principle of setting up the file positive, identifying all loans taken by individuals: A simple
FICP consultation appears to be the only measure considered, for now, will not identify early commitment borrowers excessively, using credit to help offset the decline unpredictable resources, by accident of life, and can thus accumulate during several years credit on credit without any incident of payment.
should know, whether from pride or shame, or lack of courage, most indebted dare not declare their status and hide in their surroundings. And when they finally resign themselves to do so, it is too late.
But the law should also allow the current victims to get out of debt inextricable hell in which they are immersed. In a pandemic, not only the foresight - it also treats patients .
must reform applies to matters pending that we never talk . And if the duration of the plans must be shortened, as this applies to the existing board and all records misjudged where citizens are currently required to defaulting galleys well beyond the duration Legal.
As for the proposed reduction of the period of filing, we can only agree with this proposal: It would
Indeed inhumane or discriminatory to apply for a period exceeding ten years, including banning the victims of an accident in the life of responsible lending and inconsistent with what Mrs Christine Lagarde believing that our country needs the credit for stimulate consumption.
Do not you think, Madam Minister that you should pardon the victims who have already served their sentences, all too often over the ten years from now regarded as the maximum penalty?
In our case, we have taken for twenty years, and our system prevents us from Living Simply.
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