Harrassment by CajaSur Bank….Any advice please???


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    • #54584

      I’m an Irish national, semi-retired, bought a property in Spain November last year through Andalucian Dream Homes. I paid more than half the price in cash and agreed to pay a mortgage on the balance of 850 euro pm. When I got the house the mortgage was 1,320 pm which I was paying until I injured my back badly in a fall in the house, as well as a 600+euro pcm for my house in Ireland. I’m living alone and work as a writer, I was unable to work at the computer and still having major difficulty. I have spent approx 500 euro per week since May on medical treatment trying to get my back sorted. In June I accepted an offer on my house in Ireland but the sale has fallen through. I am in arrears with the bank, is it normal here for them to pester me with phone calls as late as 10.30 at night. The bank rang my biggest client in Florida and told them I owed money. They rang a friend who made a bank deposit for me and said they were putting me on a list for the police to get me if I didn’t give back the keys. I’m worried I could lose the work I have left if they keep phoning my clients. This morning I was woken by banging on my door and bedroom window, I was afraid to open it I am so nervous I’m still shaking,and one of the bank managers cards was left in my front door. I spoke to a financial adviser in August because I wanted her to deal with all this as I’ve very little Spanish but she did nothing at all. My phone is cut off now and I need the internet to work..All my life I wanted to live in Spain but this is a nightmare. Any advice would be really appreciated.

    • #88668

      Im sure you could denounce them for harrassment – I find it strange the bank would work so late at night, they usually finish to the public by 2pm

      They cannot come banging on the door and how do they find your clients details?

      Tell them you will call the police if they do not stop and go through the normal channels to recover their debt!

    • #88674

      💡 Sorry to hear about your awful situation. I had harassment from Polaris World by post,phone & email it can be very distressing. You need to get advice asap from a solicitor. They are expensive but some give you free advice which you need right now so you know exactly where you stand. I would send your story to Maria De Castro I think her name is and there is a company called Lawbird who will give you advice very quickly. Good luck hope all goes well.

    • #88676

      Could they have sold on your debt to debt collector? They have a bad reputation here.

    • #88677

      Thanks everyone, It is CajaSur employees phoning and calling to my house so they haven’t sold on the debt..to clarify, I provided proof of earnings when i got the mortgage, including phone numbers of clients ( I called them “Employers” as I had proof of payment from them). I’m hoping to find a good bi-lingual financial advisor as I have no intention of depositing all my money in CajaSur when I sell my Irish house. I was amazed to find their bank phone number appearing on my mobile 10.30 at night, week before last one night there were 6 calls which I didn’t answer. Thanks again for yur help. 🙂

    • #88679

      I wouldn’t touch any “financial advisors” here in Spain, you are very likely to finish up worse. I think you should try the local consumer office. I notice you are in Mijas, there is a very friendly and helpful Foreigners office there, situated in the Town Hall.

    • #88690

      Hi Miranda

      Found this on another forum, dont know if its applicable to you.

      The moratorium measures are in force since 3rd of December 2008:

      Applicable to resident foreigners according to Provision 13 of Foreigners Act


      Royal Decree 1975/2008.

      CHAPTER II : Moratorium on the payment of mortgage loans

      Article 3. Mortgage loans.

      Debtors of mortgage loans made prior to September 1st of 2008, for an amount inferior to 170,000 euros and only for habitual domicile purchases will be eligible for public financial support measures which are explained in this Chapter under the terms and the requirements provided for them herein.

      In every case, the application of these measures will require the prior agreement between the interested party and the lending bank or company.

      By the before mentioned agreement, the beneficiaries will accept the terms and legal effects of financial measures exposed in this chapter, and in particular ,those obligations towards the State derived from this.

      Article 4. Purpose of the financial measures.

      Financial support measures above mentioned will cover up a maximum of 50 per cent of the monthly mortgage loan instalments bettween January 1 2009 and December 31 2010, with a maximum of 500 euros per month.

      In the case of multiple debtors of the same mortgage loan, the limit of 50 per cent of the monthly instalment and 500 euros a month will not be exceeded, even if more than one of them meet the requirements to be beneficial of the measure.

      These amounts will be compansated from January 1st of 2011 through their distributed payment during the remaining months of the mortgage loan devolution period with a maximum of 10 years.

      Article 5. Eligibility for the measure.

      1. Debtors of mortgage loans referred to in Article 3 of this real decree need to meet any of the following situations prior to January 1st 2010 in order to be beneficiaries of the measures outlined in this chapter:

      a) To be an employee worker under unemployment condition at least during the three months which are immediately preceding the application, and to be entitled to contributory or non-contributory unemployment benefits.

      b) To be a self-employed person who has been forced to cease its work activity and has remained in that situation for a minimum period of three months.

      c) To be a self-employed person who attests full income inferior to three times the monthly Public Indicator of Multiple Effect Income ( IPREM) for at least three months.

      d) Being the holder of a widow’s pension due to death occurred after the contracting of the loan mortgage, and in any case, at a later date to Sept. 1st, 2008.

      2. In any case, it will be a prerequisite for eligibility to this aid that the debtor is not in arrears.

      Article 6. Accreditation of conditions.

      1. The concurrence of the conditions specified in Article 5 of this Royal Decree will be proved before the loan Bank or company through the following documents, as appropriate:

      a) In case of legal situation of unemployment, by the corresponding certificate issued by the National Service of Employment ( INEM).

      b) In case of cessation of activity of the self-employed person, through the corresponding certificate issued by the Taxes National Department (AEAT) on the basis of the declaration of cessation of activity made by the affected person.

      c) In case of self- employed persons with income inferior to three times the monthly indicator of Public Income Multiple Effect through the certificate of declaration under liability made by the affected before the Taxes National Department ( AEAT).

      d) In the case of widow pensioner, by certificate issued by the Social Security Office. (INSS)

      2. False statements of mentioned elebibility conditions will produce the immediate loss of rights provided in this Royal Decree.

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