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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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Fraud in France

Resolved Question:

I have been defrauded by a Frenchman in France of my life savings of over £100,000 (approzimately 140.000 euros) and launched a complaint against DAHMANI Jean Maurice in 2009. I simply do not understand how the French legal system can leave the thief at liberty and the victim in penury - the Banks involved, HSBC and Credit du Nord, disclaim blame for allowing this man to help himself from my accounts - this simply could not happen in the UK as the banks (including HSBC's UK branches) would reimburse the money, having CCTV evidence. The police and banks have proof, both in writing and on CCTV that it was not me withdrawing the cash and spending it at the Casino (in Boulogne sur Mer,where he was also withdrawing cash, and to which I NEVER went), so why do I get no recompense? Actually, I don't really expect a response since you abdicate responsibility for European law enforcement since we are merely an 'economic union' and European law applies in a more limited way, not including the banking and legal systems.

Submitted: 1 year ago.
Category: French Law
Expert:  Fran-mod replied 1 year ago.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 1 year ago.

Thank you for your response. I am certainly happy to await a further response (I have been waiting for the French legal system to kick itself into gear for three-and-a-half years, so what's a little more time?), and hope you are able to find a professional to assist.


Should you require further information, please let me know and I shall be happy to supply it.

Expert:  Wendy-Mod replied 1 year ago.
Thank you for your patience. We will continue the search for a Professional for you.

Regards,
Wendy
Expert:  T Perrin C replied 1 year ago.
-Could you explain your situation a little more?
How could this man withdraw money from your account?
Were the CCTV recordings seized by the police?
What were the conclusion of the criminal inquiry?
Did you assort your formal criminal complaint of a constitution de partie civile?
Customer: replied 1 year ago.


The man was doing conversion work in my third-floor flat in Boulogne sur Mer. I was obliged to go with him to various building and decorating outlets, where I paid for goods using my bank debit cards; I can only assume that he watched me enter the pin numers. He had keys to my flat and was in the habit of visiting me in the evenings, during which visits he would take my cards and help himself to money, unbeknownst to me, as he was collecting my bank statements from the ground floor so that I was unaware of the fact that he had emptied my account until the bank, HSBC called me in (I had transferred money from a savings account to pay for the rebuilding work). I confronted him and he wrote a paper promising to repay the money. I was obliged, partly for health reasons, to sell the flat and moved to a rented apartment, opening an account at Credit du Nord. Monsieur Dahmani had reimbursed various sums of money which I paid into my new account. Unfortunately, he managed to get hold of that pin number and continued the previous behaviour until there was nothing left.


 


I have no idea whether the police seized the CCTV footage. I made a formal statement (Proces Verbal) to Vincent ANQUEZ, Brigadier Chef de Police, in November 2009. They have not kept me informed of the details of their investigations. The last I heard, when I phoned Monsieur Anquez, was that my dossier had been passed to the Procureur at the Tribunal de Grand Justice. Since then I have heard nothing, but assumed that the police had concluded their part of the proceedings.


 


I have a day trip booked to Boulogne on 18 Aprill and plan on visiting the Tribunal to see if there is any news.


 


I hope this answers your questions, and thank you for your response, and look forward to hearing further from you.

Customer: replied 1 year ago.

You asked me questions to which I provided as full a response as possible. You are now asking for feedback on your service. I find it difficult to respond positively about the service since I have received no further response related to my query ... so your request for a rating is rather a non sequitur. Can you suggest a pro bono service in France? The only avocat I have consulted charged 140 euros for a 10 minute consultation - and she did nothing!

Customer: replied 1 year ago.

Sorry - I have responded aleady - I should really appreciate some advice on this matter. What further action I can take to expidite things within the paramaters of French Law ... etc

Expert:  T Perrin C replied 1 year ago.

Sorry but somehow I was not notified of your answer to my initial questions.

 

The request for feedback is unfortunately generated automatically by the website.

 

From what you wrote above, if you wish the case to proceed, you will need to instruct a lawyer (avocat) to inform the Procureur de la République that you wish act as a civil party to the case.

A criminal complaint in itself will not do anything towards obtaining any compensation for you financial loss. It just allows the police to investigate whether there are sufficient proof of Mr D's misbehavior. Since you say your card and your pin-code have been used, the bank's liability cannot be invoked (which would have been the case had Mr D issued checks without correctly forging your signature...). You are indeed supposed to keep your pin-code hidden from anyone, or face full responsibility in case it is used in a fraudulent way. You could use claim reimbursement from the bank if you could prove that Mr. D has withdrawn money from your account without your card and your pin-code. Otherwise you will have to seek reimbursement from the fraudster himself in court by acting as a civil party to the case. If you do not act as a civil party to the case, Mr. D, if found guilty by the court, could be sentenced to a prison sentence and/or a fine, but you would not get compensated for financial damages caused to you.

Customer: replied 1 year ago.

Thank you so much for your response. Unfortunately, I am unable to employ an avocat as I am seriously in debt as a result of Mr D's behaviour (he has to my knowledge been incarcerated twice for similar fraudulently activity). I shall, however, consult my friend in France when I visit on 18 April, as he has amployed an avocat. He did, incidentally, forge 2 cheques on my English (Lloyds TSB) account; these were to a friend of his who is now deceased; one was presented to the bank who, wisely, refused to honour it.


 


Again, many thanks for your help, and all good wishes to you.

Expert:  T Perrin C replied 1 year ago.
You are welcome. You may also want to check whether you would be eligible to legal aid as with no representation by an avocat there is not the slightest chance that you ever recover any money (which will anyhow depend on Mr. D's ability to pay you back...)
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.

Again, thank you for the suggestion, but I have already pursued the legal aid avenue and have discovered that the accused is able to obtain this, whilst the victim must pay and is not entitled to legal aid. I may pass this on to others, who are concerned about the case. I most truly appreciate your help and shall use my best endeavours to follow your helpful advice. I am truly sorry that I am unable financially to give you the bonus which you have earned. Bless you for your help and advice.

Customer: replied 1 year ago.

In actual fact, I believe that the 'criminal' part of the proceedings involves actual and threatened physical violence against me. I tend to push this to the back of my mind since I have now removed myself to England to be far from his reaches, and, as is also a well-known factor in such circumstances, I feel ashamed that I let that happen and felt well and truly intimated by him, thus allowing him more leeway than he should have had.


 


Sorry, but I do tend to put that aspect of the whole affair on the back-burner, but it was an enormously contributory factor in his getting away with his misdeeds to such an extent.

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