- May 22, 2024
- Posted by: legaleseblogger
- Category: Related News
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### Seeking Guidance on Financial Compensation and Legal Claim Initiation in France
Looking for some guidance on what financial compensation may be considered reasonable and if possible any tips on how to initiate a small legal claim in France.
#### Back Story
In April 2015, I purchased an apartment in France. Bought from a lady who also owned the next door apartment.
Earlier this year it became apparent that the two apartments shared a single water supply. I have been paying the water bill for both apartments since April 2015.
The supplies are now separated. A new supply was installed to my neighbour’s property as someone had tee’d from my supply, probably during construction in the late 90’s.
The neighbour has offered to pay an amount based on their estimated consumption over the years.
Water bills in France are also subject to a standing charge, I think it would be reasonable to pay half the standing charge over the years too. Do you think this is reasonable?
Prior to April 2015, the neighbour was paying the water bill for both apartments. She must have known what was happening when I took over the water account and she stopped being billed. Disingenuous to say the least.
Unfortunately, the neighbour has not agreed to my request for half of the standing charge. Total I am seeking is €1300.
If anyone has any tips on a French equivalent of a ‘letter before action’ that would be appreciated.
To complicate matters further, the neighbour resides in Switzerland, I am unsure if she is a French national.
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I don’t know any legal advice for France specifically so apologies if this proves unhelpful:
Utility laws are often pretty good, but place the power with law enforcement / utility enforcement agencies.
For example since electricity stealing was so common there are quite a few calculations already determined. Maybe not always by law but definitely by utility process. Most courts understand 1 item: using utilities for years without asking how it’s meant to be paid for makes the person liable. Not just civil because of utility laws. So my real question here is: make sure that you go through the water company. Not including them could mean not only getting less… but might also not be considered an enforceable contract in the future.
You would’ve paid the standing fee regardless of whether your neighbour was sharing your supply, so there’s not much of a case there. Their offer to pay for their usage sounds fair, I’d take it. IANAL
Any letters before action will have to be sent as “lettre avis de reception” which is sign for with a return card to you to confirm the receipt by other party. With that you letter would have no legal bearing, you could also consider using the conciliateur for your commune it’s free go to the Mairie and ask for their details.
What you’re looking for is a “lettre de mise en demeure” – it’s a formal complaint and usually the preliminary step before any potential legal action.
https://educaloi.qc.ca/capsules/la-lettre-de-mise-en-demeure-quest-ce-que-cest/#:~:text=La%20lettre%20de%20mise%20en%20demeure%20vous%20permet%20d'expliquer,éviter%20que%20vous%20la%20poursuiviez.