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T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1363
Experience:  8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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I have a loyers impayes insurance for a flat I have in France.

Customer Question

I have a loyers impayes insurance for a flat I have in France. The insurance company Macifilia had to take the tenant to court for non payement but had paid me in full the unpaid rent. The tenant claimed that I had not done what was necessary as a landlord, which was untrue and since the insurance co. paid me, they obviouslyagreed with me. I asked the insurance company,through my estate agent and through their broker if I needed a lawyer to represent me in court and have an email from the broker saying that the person in charge of my case said that I would be represented by their lawyer. This was wrong, I was not represented,the judge judged the tenant wrong but asked that I return half the loyers impayes to the insurance company and pay costs. Since I was not represented in court and the first I knew of it was when the huissier came to my house in France with the judgement , what can I do? The insurance company have described the email as a malentendu but have no proof of the conversation between their employee and the broker.
Submitted: 1 year ago.
Category: French Law
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Customer: replied 1 year ago.
Yes, I would like you to continue but I need an answer rather soon.


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I don' understand, I thought you had experts on French law, so why is it proving so difficult to find one?

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Expert:  T Perrin C replied 1 year ago.
It would seem that your only recourse, if you obtain no satisfactory answer from Macifilia or its ombudsman is to take them to court on the basis that they misled you. However the email you mention may seem a rather flimsy element of proof in court and one would suggest you consult a lawyer on this matter before you commit yourself to any course of action. He will help you assess your chances of success and/or the potential extra cost you may incur if the court ruled against you.
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1363
Experience: 8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
T Perrin C and other French Law Specialists are ready to help you
Customer: replied 1 year ago.

With reference to the email I received, the lawyer who represented Macifilia in court was specifically mentioned as the lawyer who would represent me, which of course was not the case. The broker, who sent the email, is my estate agents broker, who manages the flat for me and will only deal with me through the estate agent since I am not their client. The "malentendu", is between the broker and the insurance company. I have asked the Estate agent to pursue the matter with both their broker and the insurance company, which they have emaied me to confirm that they are doing so. Any further suggestions as to what I should do in the meantime?

Customer: replied 1 year ago.


I have replied to the expert but have only been asked to rate his service without a reply to my extended question. Is this normal procedure?

Customer: replied 1 year ago.


Hi. I sent you some more detailed information on Saturday 2 March, which you do not appear to be aware of since you have asked me to rate your service. Am I expected to rate your service with every stage of the communication between us?


 


Regards,


 


Laura

Expert:  T Perrin C replied 1 year ago.
Hello the message requesting you to rate my answers are unfortunately sent automatically by JA and I cannot switch this off. Please accept my apologies for the nuisance.

Regarding your case, I would suggest you directly instruct a lawyer to pursue the matter on your behalf and not let any third party do so (the estate agent, the broker). This is the only way you have a chance of recouping your losses. Depending on the exact contractual relationships you have with the estate agent, his insurance broker and Macifilia you may have to sue ALL of them or only the first in the contractual chain: the estate agent. A thorough examination of the contracts and your correspondence with them will show what is the best course of action.

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