New Case Law November 2010 on Banks risponsabilities

Hi All,

Still no news from my solicitor. He never returns my calls and hardly ever emails me back. He kinda knows what hes doing and is fairly trustworthy as we have known him for a while but it still adds to the overall stress/anxiety.

I'm probably gonna change solicitors in the next month. Maria has asked me to get some information regarding the developers account that i paid the deposits/stage payments into. However, i have spoke to the bank and they are reluctant to give this information to me because i cant prove who i am over the phone!

So, it looks like i am forced to travel over to spain just to order a couple of statements from a few years ago. Does anyone have any experience of retrieving this information by any other means, maybe a signed letter, copy of original account opening forms etc.?

Thanks,

Paul

Fazarelli:  You can sign a POA for having someone doing it here on your behalf.

Yes, Fazarelli, I have a lot of experience regarding obtaining proof of payments into the developers Bank Accounts!!

I have gathered all this evidence for each member of our Finca Parcs Action Group.  A few members paid direct to the developers bank accounts which made things much easier.  But many group members paid to Estate Agents, their previous Lawyers, by cheque to the developer etc etc.

In each case we have had to contact the third party agents, lawyers, banks etc to demand information regarding the onward transfers/payments to the developers accounts.

If you have given POA to your Lawyer then they should be able to write to your Bank on your behalf to request copies of the bank transfer documents.

If you did not pay direct to the developers bank account but to the agent or any other third party, then again your Lawyer if they hold POA for you will be able to write to the third party to request proof of the onward payments on your behalf to the developers bank account.

This all takes time, but is the most vital piece of the jigsaw!!

Kind regards

Keith 

Hi, Thanks Keith and Maria. I thought i could get the info via POA but my solicitor is going to be suspicious as to why i want this information. I suppose it might get him thinking that i'm serious about this case angle.

Just out of interest, is it possible to have a POA with more than one solicitor? And, i seem to remember having to go to a notary to get the POA with my current solicitor, and this costs a little doesn't it? I was thinking i could contact a solicitor in England that has a spanish license and it might be cheaper/easier than travelling to spain.

What do you think?

 Yes, you can name more than one solicitor in your POA

Fazarelli

You do not need to travel to Spain to grant a POA to your Lawyer in Spain.

Ask your Spanish Lawyer to email you a copy of the POA document.  Take it to a Notary in the UK and get it notarised.  A notary in the UK will charge around £60 to £100 for notarising the POA.

Use this link to find a Notary near you:  http://www.thenotariessociety.org.uk/

If you use a Spanish Notary or a Notary at a Spanish Consulate you do not have to have the POA legalised with the Hague Apostille.  If you use a non-Spanish Notary then you will need to have the POA legalised.  Your Notary in the UK will probably offer this service at an additional cost.  However if you live in the UK you can arrange for the POA to be legalised yourself, which will probably be cheaper.  You can either do this in person or by post at the following address:

The Legalisation Office
Norfolk House (West)
437 Silbury Boulevard
Milton Keynes
MK9 2AH
Telephone:    01908 295111
Fax:             01908 295122
Email:           legalisationoffice@fco.gov.uk

The cost is £28 per Apostille.

If you are sending your POA by post to the Legalisation Office then there is an option to pay an additional £6 and have the POA returned to you by Special Delivery.

Please see the following links for more information:

http://www.fco.gov.uk/en/about-us/what-we-do/services-we-deliver/legal-services/legalisation/

http://www.fco.gov.uk/en/about-us/what-we-do/services-we-deliver/legal-services/legalisation/public-counter

http://www.fco.gov.uk/en/about-us/what-we-do/services-we-deliver/legal-services/legalisation/by-post

Then send the completed and legalised POA by registered airmail to your Lawyer in Spain.

Alternatively if you do not want to bother having the POA legalised with the Hague Apostille then make an appointment directly with the Spanish Consulate in London and they will notarise the POA for you.  Because they are a Spanish authority you do not then need to have the POA legalised by the FCO.

Departamento de Notaría
Consulado General de España
20 Draycott Place
London SW3 2RZ
Tel: 0044 (0)20 7594 4925


Kind regards

Keith