Hoja de Reclamacion REJECTED BY DEVELOPER!!!

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This topic contains 30 replies, has 8 voices, and was last updated by Profile photo of Anonymous Anonymous 10 years, 3 months ago.

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  • #52117
    Profile photo of Anonymous
    Anonymous
    Participant

    We contacted our developer requesting the ‘Hoja de Reclamacion’. They responded back by saying that they dont have one as they are not a retailer or a wholesale company.

    Can anyone advise me on what to do…..? (please)

    Thanks
    Golf

  • #64606
    Profile photo of Anonymous
    Anonymous
    Participant

    I am having the same problems with my enquiry….

    Help !!!!!!!!

  • #64607
    Profile photo of katy
    katy
    Spectator

    I havejust rang the local consumer office in marbella and they say they must have the Hoja and it is an offence not to produce it. their advice is to visit your local office to report this.

  • #64608
    Profile photo of Anonymous
    Anonymous
    Participant

    Thanks for that. i know you provided the marbella office details in anoher post. Do they speak english? I dont speak spanish, i live in the uk and our lawyer is crap.

  • #64609
    Profile photo of Anonymous
    Anonymous
    Participant

    I hope you guys follow this through. Make a complaint against these developers for not having the Hoja de Reclamacion. Tell your developer that you are going to report them for not having this form which the local consummer office say they must have by law. The spanish think they can (and do) flout the law and get away with it!! 😈

  • #64610
    Profile photo of Anonymous
    Anonymous
    Participant

    just called them… they dont speak english….
    help!!!

  • #64611
    Profile photo of katy
    katy
    Spectator

    THe Dept. of Extranjeros (Foreigners Dept.) may be able to help, don’t have a number. Are you in Spain? if not you will not be able to make an official complaint over the phone. I think you should report your lawyer too for not getting a bank guarantee in the first place, or at least give him the sack!

  • #64622
    Profile photo of Anonymous
    Anonymous
    Participant

    OMIC in Marbella do not correspond with e-mail.
    However, if you have a fax machine, write a letter stating the below (inserting your developer’s name), and this will request a form from them:

    (The fax number for OMIC in Marbella is: 0034 952 865659)
    =======================
    Estimados Senores

    Me llamo….. (put your name)

    Quisiera obtener una Hoja de Reclamacion de OMIC.

    Quisiera hacer una denuncia contra la compania promotora (insert NAME OF DEVELOPER).

    Yo pide la Hoja de Reclamacion de ellos pero dicen que no tienen que llevarlos como ellos no tienen un tipo de negocio que esta obligado tener estas hojas de reclamacion.

    Entonces puede usted mantarme su forma de Denuncia/Hoja de Reclamacion por fax en el numero: (insert your fax number including code)

    Muy atentamente

    (Sign)

    ============================

    Katerina

  • #64765
    Profile photo of Anonymous
    Anonymous
    Participant

    OMIC in Marbella do not correspond with e-mail.
    However, if you have a fax machine, write a letter stating the below (inserting your developer’s name), and this will request a form from them:

    (The fax number for OMIC in Marbella is: 0034 952 865659)
    =======================
    Estimados Senores

    Me llamo….. (put your name)

    Quisiera obtener una Hoja de Reclamacion de OMIC.

    Quisiera hacer una denuncia contra la compania promotora (insert NAME OF DEVELOPER).

    Yo pide la Hoja de Reclamacion de ellos pero dicen que no tienen que llevarlos como ellos no tienen un tipo de negocio que esta obligado tener estas hojas de reclamacion.

    Entonces puede usted mantarme su forma de Denuncia/Hoja de Reclamacion por fax en el numero: (insert your fax number including code)

    Muy atentamente

    (Sign)

    ============================

    Katerina

  • #64623
    Profile photo of Anonymous
    Anonymous
    Participant

    katerina,

    Can you translate what the above states in english please….
    Also how do i get the developer to sign it if they dont even want to know???

    Much appreciate everyones help.

    Regards
    Golf

  • #64767
    Profile photo of Anonymous
    Anonymous
    Participant

    katerina,

    Can you translate what the above states in english please….
    Also how do i get the developer to sign it if they dont even want to know???

    Much appreciate everyones help.

    Regards
    Golf

  • #64795
    Profile photo of Anonymous
    Anonymous
    Participant

    Estimados Senores
    (Dear Sirs)

    Me llamo….. (put your name)
    (My name is…)

    Quisiera obtener una Hoja de Reclamacion de OMIC.
    (I would like to receive a HdeR from OMIC)

    Quisiera hacer una denuncia contra la compania promotora (insert NAME OF DEVELOPER).
    (I’d like to make a report against the developer ………)

    Yo pide la Hoja de Reclamacion de ellos pero dicen que no tienen que llevarlos como ellos no tienen un tipo de negocio que esta obligado tener estas hojas de reclamacion.
    (I asked for the HdeR from them but they say that they do not have to have them as their business is not required by law to have these HdeR)

    Entonces puede usted mandarme su forma de Denuncia/Hoja de Reclamacion por fax en el numero: (insert your fax number including code)
    (Therefore, could you please sent me a Report/HdeR form by fax to…..)

    Muy atentamente
    (Yours sincerely)

    (Sign)

    =======================

    Golf

    You will not get the Developer to sign the form. These are internal forms of OMIC but they act in the same way as the one that the developers or anybody else who has a business would give you, if you as a consumer had a complaint to make about the services/products you have received.

    If you are going to fax your completed form back to OMIC I would advise you to direct it to Sra Mercedes Bueno who is the specialist on housing and she has been our tiger!!

    This is the procedure:

    ======================

    ‘The HdeR comes in 3 copies. The establishment keeps one copy and the customer takes the other two, one to keep and the other to present at the local OMIC office. If the establishment does not provide the sheet (as in this case), it can be fined.

    The offending establishment must respond to a client’s complaint within 10 days. If it does not, the client can take his case to OMIC, and the business can face fines of up to six thousand Euros (this amount may have increased now).

    If your complaint (…) fails to bring the desired result, you may have recourse in the Defensor del Pueblo, the regional or national ombudsman. You must have exhausted all normal administrative channels before he will accept your case, but this Defender of the People is the last resort when you are convinced that justice has not been done.’ (‘You and the Law in Spain, by David Searl, 2003)
    ===================

    I am pretty sure that Sra Bueno will be able to help you as she is excellent. Unfortunately her English is not that good but I am sure that if you can get someone with Spanish to help you along you’ll be fine.

    Wish you best of luck.

    K

  • #64637
    Profile photo of Anonymous
    Anonymous
    Participant

    Estimados Senores
    (Dear Sirs)

    Me llamo….. (put your name)
    (My name is…)

    Quisiera obtener una Hoja de Reclamacion de OMIC.
    (I would like to receive a HdeR from OMIC)

    Quisiera hacer una denuncia contra la compania promotora (insert NAME OF DEVELOPER).
    (I’d like to make a report against the developer ………)

    Yo pide la Hoja de Reclamacion de ellos pero dicen que no tienen que llevarlos como ellos no tienen un tipo de negocio que esta obligado tener estas hojas de reclamacion.
    (I asked for the HdeR from them but they say that they do not have to have them as their business is not required by law to have these HdeR)

    Entonces puede usted mandarme su forma de Denuncia/Hoja de Reclamacion por fax en el numero: (insert your fax number including code)
    (Therefore, could you please sent me a Report/HdeR form by fax to…..)

    Muy atentamente
    (Yours sincerely)

    (Sign)

    =======================

    Golf

    You will not get the Developer to sign the form. These are internal forms of OMIC but they act in the same way as the one that the developers or anybody else who has a business would give you, if you as a consumer had a complaint to make about the services/products you have received.

    If you are going to fax your completed form back to OMIC I would advise you to direct it to Sra Mercedes Bueno who is the specialist on housing and she has been our tiger!!

    This is the procedure:

    ======================

    ‘The HdeR comes in 3 copies. The establishment keeps one copy and the customer takes the other two, one to keep and the other to present at the local OMIC office. If the establishment does not provide the sheet (as in this case), it can be fined.

    The offending establishment must respond to a client’s complaint within 10 days. If it does not, the client can take his case to OMIC, and the business can face fines of up to six thousand Euros (this amount may have increased now).

    If your complaint (…) fails to bring the desired result, you may have recourse in the Defensor del Pueblo, the regional or national ombudsman. You must have exhausted all normal administrative channels before he will accept your case, but this Defender of the People is the last resort when you are convinced that justice has not been done.’ (‘You and the Law in Spain, by David Searl, 2003)
    ===================

    I am pretty sure that Sra Bueno will be able to help you as she is excellent. Unfortunately her English is not that good but I am sure that if you can get someone with Spanish to help you along you’ll be fine.

    Wish you best of luck.

    K

  • #64797
    Profile photo of Anonymous
    Anonymous
    Participant

    Dear Katerina, (Charlie),

    I am very interested to try the ‘Hoja de Reclamacion’ process to try to recover money from an estate agent in La Cala, (Mijas Costa), who owes me money.

    Do you know if the Marbella office covers this area, or if there is another office for La Cala?

    My spanish is still very poor but I think I know enough to complete the form similar to your example.

    David

  • #64638
    Profile photo of Anonymous
    Anonymous
    Participant

    Dear Katerina, (Charlie),

    I am very interested to try the ‘Hoja de Reclamacion’ process to try to recover money from an estate agent in La Cala, (Mijas Costa), who owes me money.

    Do you know if the Marbella office covers this area, or if there is another office for La Cala?

    My spanish is still very poor but I think I know enough to complete the form similar to your example.

    David

  • #64799
    Profile photo of katy
    katy
    Spectator

    La Cala comes under Mijas Town Hall, they have an excellent foreigners dept. who would assist you with your claim

  • #64639
    Profile photo of katy
    katy
    Spectator

    La Cala comes under Mijas Town Hall, they have an excellent foreigners dept. who would assist you with your claim

  • #64801
    Profile photo of Anonymous
    Anonymous
    Participant

    Thank you Kate,

    Can you tell me where Mijas town hall is located?

    David

  • #64640
    Profile photo of Anonymous
    Anonymous
    Participant

    Thank you Kate,

    Can you tell me where Mijas town hall is located?

    David

  • #64805
    Profile photo of Anonymous
    Anonymous
    Participant
  • #64642
    Profile photo of Anonymous
    Anonymous
    Participant
  • #64807
    Profile photo of Anonymous
    Anonymous
    Participant

    Mijas Consumer Office:

    OMIC (Oficina Municipal de Consumo)
    Dirección c/ San Braulio 1. Tenencia Las Lagunas
    Tel: 952 58 29 11
    e-mail: consumo@mijas.es
    Web: http://www.mijas.es

  • #64643
    Profile photo of Anonymous
    Anonymous
    Participant

    Mijas Consumer Office:

    OMIC (Oficina Municipal de Consumo)
    Dirección c/ San Braulio 1. Tenencia Las Lagunas
    Tel: 952 58 29 11
    e-mail: consumo@mijas.es
    Web: http://www.mijas.es

  • #64809
    Profile photo of Anonymous
    Anonymous
    Participant

    Hiya,

    Can someone translate the following into spanish for me.
    I just want add this to my fax to the consumer office.

    …… (Developer name) have failed to provide the Bank Guarantee, which is i am entitled to by law, despite numerous attempts over the last 15 months and are refusing to refund our money plus legal interest as they should have completed in December 2005.

    Thank you to everyone on here for all the help.
    Golf

  • #64644
    Profile photo of Anonymous
    Anonymous
    Participant

    Hiya,

    Can someone translate the following into spanish for me.
    I just want add this to my fax to the consumer office.

    …… (Developer name) have failed to provide the Bank Guarantee, which is i am entitled to by law, despite numerous attempts over the last 15 months and are refusing to refund our money plus legal interest as they should have completed in December 2005.

    Thank you to everyone on here for all the help.
    Golf

  • #64813
    Profile photo of Anonymous
    Anonymous
    Participant

    Hiya Sorry have another question….

    Was just wondering which office i contact.

    The Development is Mijas.
    The Developer has offices in Malaga and Marbella, though our useless contact is based in Malaga.

    Is it ok to contact the marbella office or does it have to be Mijas as that is where the development is or is it malaga where our useless developer contact is based…. ???

    Thanks
    Golf

  • #64646
    Profile photo of Anonymous
    Anonymous
    Participant

    Hiya Sorry have another question….

    Was just wondering which office i contact.

    The Development is Mijas.
    The Developer has offices in Malaga and Marbella, though our useless contact is based in Malaga.

    Is it ok to contact the marbella office or does it have to be Mijas as that is where the development is or is it malaga where our useless developer contact is based…. ???

    Thanks
    Golf

  • #64843
    Profile photo of Anonymous
    Anonymous
    Participant

    Developers must have Hoja de Reclamaciones as set forth in the Consumer Law and can be fined for not having it.

  • #64661
    Profile photo of Anonymous
    Anonymous
    Participant

    Developers must have Hoja de Reclamaciones as set forth in the Consumer Law and can be fined for not having it.

  • #64865
    Profile photo of Anonymous
    Anonymous
    Participant

    Golf

    Hi. I am not really sure about this (so anyone out there please correct me if I am wrong):

    If the developer’s head office is in Marbella then go to the OMIC in Marbella. If their Head office is in Malaga go to the OMIC in Malaga.

    I would think (not sure though) that like the court jurisdiction areas, the local OMIC office dealing with consumer complaints should be the OMIC office where the Head Office of the company/establishment in question is based.

    Hope that helps.

    Katerina

  • #64672
    Profile photo of Anonymous
    Anonymous
    Participant

    Golf

    Hi. I am not really sure about this (so anyone out there please correct me if I am wrong):

    If the developer’s head office is in Marbella then go to the OMIC in Marbella. If their Head office is in Malaga go to the OMIC in Malaga.

    I would think (not sure though) that like the court jurisdiction areas, the local OMIC office dealing with consumer complaints should be the OMIC office where the Head Office of the company/establishment in question is based.

    Hope that helps.

    Katerina

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