Court Charge help

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This topic contains 3 replies, has 3 voices, and was last updated by Profile photo of Anonymous Anonymous 11 years, 1 month ago.

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  • #51276
    Profile photo of Anonymous
    Anonymous
    Participant

    Hello, wonder if someone could give me some advice. I purchased a property in Spain in 2004, my direct debit details of my spanish bank account were given to the Administrator beginning of 2004 for my maintenance payments.

    No maintenance payments were taken for 2004, although quarterly payments have been taken for 2005. I received an email from the administrator last month stating that I was 1,604 euros in arrears. I told her to take the money out of my spanish account and asked why the payments hadnt been taken back in 2004 when she already had all my details. All the monies owed were taken from my account and I assumed all was fine.

    Beginining of October I received a notice from the Ministerio de Justicia basically saying that I was in arrears and had to appear before the court in Spain to pay any outstanding monies. I contacted the Administrator to ask why I had received this when I was fully paid up beginning of September. She confirmed that I was fully paid up and that she had contacted the lawyer and all court proceedings would be cancelled. However, she stated that I still have to pay for the lawyer and attorneys fees which total 185 euros.

    How can this be right that I have to pay 185 euros for their fees when I shouldnt have had court proceedings raised against me in the first place??

    Has anyone else experienced this? I don’t know what to do. I could get a solicitor involved to battle it out that I shouldnt have to pay these fees but then he will probably cost the amount that I would save.

    Any advice would be much appreciated.

  • #59052
    Profile photo of Anonymous
    Anonymous
    Participant

    Sorry can’t help with your specific problem but http://www.spainlawyer.com/Consulte/ask-an-Spanish-lawyer.cfm
    may be able to help. Cheaper than €185 anyway!
    Sorry if this contravenes site rules in any way.

  • #59054
    Profile photo of Anonymous
    Anonymous
    Participant

    Dear Jayne,

    The court would not have got involved unless somebody complained to them that you were in arrears, even if this were incorrect. You should try to find out who complained to the court and what they actually said or what documents they presented. Unfortunately if the court has been looking at it I assume they are looking to recvover their costs. What does your contract say with regard to what steps should be taken if your maintenance payments are delayed? I fully agree that the Administrator should not have waited a year to inform you of the situation, especially when it seems to have been the Administator’s error in the first place!

    From what you say you have every right to ask the Administrator to pay these costs but I would check your contract too. Do you have a separate contract directly with the Administrator?

    I would forget getting any lawyers involved since the costs and time it would take would not be worth it. For matters like this better to reach a quick solution and move on.

    Good Luck

    Terry English

  • #59253
    Profile photo of Anonymous
    Anonymous
    Participant

    @jayne wrote:

    but then he will probably cost the amount that I would save.

    Any advice would be much appreciated.

    No, he will charge you much, much more.

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