Problem mortgage broker

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24 Apr 2007 12:00 AM by Tony_Ross Star rating. 4 posts Send private message

 

Hi Everyone
We have a problem can anyone help here.
We have been trying get our 5,000 euro's back from a broker in  Puerto Banus. We cancelled the apartment before the money was even transferred from the Lawyer and he is trying to say we owe him for the valuation, etc., he has now held on to the money for 5 months!! 
Even if he did do a valuation it woudn't be 5,000 euro's!!!
 
We have been using a Solicitors in Marbella who transferred the money from their account to SMA and they are not having much luck with getting the money back.
 
If there is any advise you guy's can give we would be very grateful.
 
Kind regards
Anthony & Janice

 



This message was last edited by Tony_Ross on 4/24/2007.



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24 Apr 2007 9:37 AM by sharonw Star rating in Coin, Malaga. 281 posts Send private message

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Hi Anthony & Janice,

My first reaction is why on earth did you hand over 5,000 euros??!!!  You was told it was to cover valuation fees (these are a few hundred!) but what is the etc.???   Did they give you a breakown? Did that include their fee?? Did the broker recommend the lawyer?    Are they a registered company i.e. with a CIF number?  Has your lawyer not advised you to denounce them??   Do you have in writing ANYWHERE that all monies paid are NOT refundable under any circumstances? If so is it in English? Only documents in Spanish are legally binding.   Did you get any kind of  receipt/proof for the €5K???

I find this scandalous, incredible and totally outrageous.  Who are these people???

Kind Regards

Sharon

sharon@tmasspain.com

 

 

 


_______________________

Regards

Sharon

sharon@tmasspain.com

 www.themortgageservicegroup.com

 




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24 Apr 2007 12:10 PM by Smiley Star rating in San Pedro de Alcanta.... 2502 posts Send private message

Smiley´s avatar
Sounds like Spanish Mortgage Alliance - if SMA is anything to go by. Agree totally with Sharon - in the Cristomar Centre in Puerto Banus I believe. Why did your lawyer transfer money to SMA if you had previously cancelled the apartment? Were they involved in anything to do with selling you the apartment in the first instance - could it be some kind of reservation deposit for the apartment? Get your lawyer to take this up with the broker and explain to you why the transfer was made - presumably without your authority.

_______________________

Smiley - patrick@marbellamortgages.com  www.marbellamortgages.com   www.comparetravelcash.co.uk




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24 Apr 2007 1:36 PM by Smiley Star rating in San Pedro de Alcanta.... 2502 posts Send private message

Smiley´s avatar
Was it Mark Tout you dealt with??

_______________________

Smiley - patrick@marbellamortgages.com  www.marbellamortgages.com   www.comparetravelcash.co.uk




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24 Apr 2007 2:51 PM by Tony_Ross Star rating. 4 posts Send private message

 

Smiley,

Yes it was him. Do you know of him?

Sharon,

We actually handed over 11,000 euro's through a company (if you can call them that). 4000 euro's for the developer which he has refunded and 5,000 euro's to the broker and 2000 euro's admin. The etc is (can you beleive) money that has been given to a introducer!! 2,500 euro's!!....... it gets worse  

This money was sent to our lawyer and SHOULD have been keep in an Escrow account until we had viewed the property, then when we were happy sent to the both parties. We have copies of transfers.

At the end of the day the money should not have been transferred so the lawyer I assume is to fault,  they should pay us and then chase SMA for the the 5,000 euro's. We feel so angry as we could have invested that money else where in Spain but now I dont trust anyone atal in Spain. I thought the Lawyers were surpose to be on our side.

I  could name a few people that Im sure most of you might know as you live in Spain but at this point I dont think It would do us any favors, we just want to get our money back.

Is there anyone in Spain that is honest?????????

Regards

Anthony and Janice

 

 

 




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26 Apr 2007 1:15 PM by sharonw Star rating in Coin, Malaga. 281 posts Send private message

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Tony, it does get worse!!!

I am absolutely gobsmacked that these figures have been charged, I cannot get my head round the fact that you were initially happy (maybe that is not the correct term!) to accept the charge of, I am now assuming 7,000 to the broker (€2K for admin!!!!!!!) when there are many of us here, charging 'normal' competitive fees. I think it is an absolute tradgedy that people like this can operate without any regulatory body to report them to.  Equally lawyers are not regulated but they are meant'  to operate to the code of the Colegio de Abogados and this could be a body to report your lawyer to as they clearly seem, judging by what you say, to be acting without integrity.  I cannot see the lawyer handing back your money to you while they wait to receive it back from the broker!   It may be worth approaching a different lawyer to help you, albeit incurring more costs.

It is a great shame that you find yourself in this situation and it becomes yet another story of roguism on the costa's BUT there ARE honest people here, unfortunately they get overshadowed by the dishonest.  

regards

Sharon

sharon@tmasspain.com

 


_______________________

Regards

Sharon

sharon@tmasspain.com

 www.themortgageservicegroup.com

 




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26 Apr 2007 3:21 PM by georgia Star rating in Algorfa (As seen on .... 1835 posts Send private message

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Hi Tony_Ross

To answer your question "is there any one in spain that is honest?".

Unfortunately there are many rogues that operate here and have been doing so for some time.

I really feel for you as this situation always puts a bad reflection on everybody trying to earn an honest living.

I was talking about this with the secretary of the local police as he often drops in for a chat,discussing corruption and the bad reflection it is having on the way people in the UK feel about buying in Spain.

The problem is that the big agents can afford to mass advertise,exibit and bring people over on free viewing trips hence getting the majority of the market,they then predominantly give terrible service and use people to give advice on buying that have either just moved to spain or were never trained in the proffesion,how can you take their advice on serious matters when they have none or little experience themselves.

Its a bit like finding an unexploded bomb in your garden,calling the bomb squad and finding you get a milkman turn up and want €10,000 upfront before he starts to kick it.

I know it may be no consolation but it does drive me mad and makes us so angry as the guys that are doing such a bad job are getting the lions share of the trade and the smaller agents like ourselves are picking up the pieces after the fact and if i had a € for every time someone has said we wish we could have met you before i would now own half of Spain.

There are honest people that are trying to offer a great service and will treat you in the correct manner and not overcharge you unfortunately most people find them too late.

There are good guys on here and as a fellow proffesional with our cynical eye they are easy to spot, the likes of rixxy,smiley,gillespie etc etc do make great sense and i do hope you get your money back in full.

It,s very easy to think bad of us all when you have just been robbed.

All the best and luck in the future.


_______________________
www.taylorlandandpropertygroup.co.uk still here after all these years!



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28 Apr 2007 10:20 AM by Tony_Ross Star rating. 4 posts Send private message

 

Hi Guys and gal's

 

Many thanks for all your help on this matter. Just to let you know that I have now taken action against these people and will very soon (when the time is right) name and shame every single one of them. So watch this space!

T & J




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04 May 2007 12:15 PM by chipmonk Star rating in Staffordshire, Engla.... 101 posts Send private message

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Funny how names crop up

Just back in England after 10 days in Spain... got a lift to Malaga airport and the guy driving us very much a wheeler dealer, talking on his mobile all the time telling people they should do this and that and he was trying to sort a 'deal out' for someone who rang him and told them to contact non-other than Mark Tout to sort their purchase out. Having read this post this morning here was the name Mark Tout.



_______________________
CHIPMONK



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04 May 2007 4:25 PM by Smiley Star rating in San Pedro de Alcanta.... 2502 posts Send private message

05 May 2007 12:34 AM by hudsey Star rating in Hexham, Northumberla.... 120 posts Send private message

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We found a mortgage broker through a reputable search engine.  He contacted us and we gave him the information of the type of mortgage we were looking at.  Lots of e-mailing later, we paid a sum of 750euros for his service.  Even though we have our mortgage in place and have paid him, he is always ready to answer any questions I may have.    He found us exactly what we were looking for.  Would have used Smiley, but, he is in the CDS and we are in CB.   

I did listen to the interview with Justin and Smiley, this proved to be very informative and gave me pointers to address by broker with.

Thanks to EOS.

 

 





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05 May 2007 11:04 AM by Smiley Star rating in San Pedro de Alcanta.... 2502 posts Send private message

Smiley´s avatar
Well done HUdsey - we arrange mortgages throughout Spain and no need to be on CB - we deal with head office Risk Departments direct and have sorted from Barcelona to the border with Portugal and actually on the North coast as well - have even started venturing into the Algarve and Lisbon so perhaps we need to rename ourselves but we like the name so have decided to stick with it as it is our true heritage - well not really because that is Bolton Lancashire but Bolton Mortgages doesnt quite have the same ring to it.

_______________________

Smiley - patrick@marbellamortgages.com  www.marbellamortgages.com   www.comparetravelcash.co.uk




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