Community charges..... non-payers....direct action?

Sorry to persist, but like I said, my curiosity is aroused! Just one more.......are you talking about British property owners in Spain specifically, or can you recover debts from anyone?

If your not bold you get nowhere Roberto!

Yes it would work for unpaid rent.

Dog the Bounty Hunter - makes me smile it is my friends favourite program!

My promise is genuine. I have no reason to exagerate. The way I work is that if I don't get the money I dont get paid. That is how sure I am.

Steve

Bold claims indeed! I admit you have my curiosity aroused. Who are you?! Charles Bronson? Dog the Bounty Hunter?

Unfortunately (!!!) we have no debtors in our community, (since introducing a simple discount system for early payers) but I hope someone takes you up on this because you would probably make front page headlines all over Spain if your promise is genuine. Could be a real scoop for EOS. Does you system also work for unpaid rent, by the way?

As tempting as that may be - no!

As proof, the first community who contacts me  with instructions will get the first five debtors free of charge. I will work the process and show I can get the money in under 6 weeks.

A credit crunch offer not to be beaten (i hate the words credit crunch!)

I am very genuine about this. I can help.

Steve

LOL!

Roberto, I WAS going to post something similar earlier today!

I wondered if shotguns and concrete overcoats came into it!!

Does it involve broken knee caps or anything else that might make us squeamish?

Hi All,

There is a much faster way than going to a spanish court. I have spoken to a couple of people before about this.

I can do the work for you. Pay nothing up front and simply agree a percentage with me on recovered debts. No hourly charges and no hidden costs. It is simple. If enough people are interested and can get together I will even come over to spain and talk to you about it.

I own a property in spain myself so I know the problems.

Even if you are unsure, just pass me a few sample debts and I will show you the results. I am a qualified UK lawyer so this is based on fact.

Hope to hear from you.

Kind regards,

Steve

p.s I am at work having just finished my lunch so send me a message and I will respond when I get home tonight.

Hi All,

According to this article the process takes about three months - does this vary depending on what part of Spain.

Any chance of getting some feedback on this please as it appears to take considerably longer from some of the previous comments.

An extract from the following site :-

http://www.justlanded.com/english/Spain/Articles/Property/Community-properties-in-Spain

Non-payment of Fees
In the past, many communities had severe debt problems because of the
non-payment of fees, which in turn led to the management failing to
maintain facilities such as lifts, lighting and security systems when
they broke down. However, this problem has been largely eradicated
with the introduction of a community law in 1999, under which it's
much easier to embargo the property of owners who don't pay their
community fees and, if necessary, force a sale.

The proceedings (called procedimiento monitorio in article 21 of the
law) now take around three months only, commencing with a demand
( demanda) in court signed by the president and administrator of a
community. After a case has been admitted, the judge asks the debtor
to deposit the amount owed within 20 days and an announcement is
placed in the province's 'official bulletin' ( Boletín Oficial de la
Provincia/BOP). If he doesn't pay, an embargo is placed on the
property and if the debt is still unpaid or additional debts are
accrued, the property can be forcibly sold at a public auction at the
request of the community representatives.

If you own a second home in Spain that you visit once or twice a year,
it's important to ensure (double check!) that all bills are paid in
your absence, otherwise you could find that when you return to Spain
your home has been sold to pay bills!
 

Regards

John

RTN are correct in thier report of the 2009 budget.......they just omitted to print ALL the relevent facts. Unfortunately the press do this all the time...............nothing shifts newspapers better than bad news.

Karensun: - I suggest you get in touch with the RTN - and put them right in their reporting of the 100euro budget.

Acky, I said the infrastructure is in meltdown !!

Orihuela is a vast area which includes the costa and town and surrounding districts and as such contains a lot of persons, a lot of whom are 'foreigners' and are not registered or accounted for so no provision is made for them. This fact causes delays in courts and elsewhere eg. drainage problems ( which I know are nothing to do with this thread, but are a major problem on the costa )..............just out of interest.the amount given in the Orihuela budget for the drain problem was 100€..............HOWEVER............what the free press failed to mention was that Orihuela is to recieve 20 million euro from the goverment to solve this problem and because of this fact, there was no need to make a proviso in the budget.

Back to thread !..............................Debtors have to be dealt with or we will have bankrupt communities and the ONLY way to do this LEGALLY is via Spanish Law.................however long it takes and however fustrating it may be.

Now I understand KarenSun........

So, it's up to us owners to sign on the Padron is that right?

The more that sign on, the more funding we will get?

Let's have something on our notice boards, telling people why they should do it and more importatnly, HOW to do it.

I for one, will do it, but I don't know how!!!!!

Orihuela in meltdown? 

That doesn't sound too good Karensun. 

I read the stories in the free press in Espana - and Orihuela seems to be getting a rough ride right now - with a pittance of the 2009 budget being given to the area. 

Orihuela does seem to have its fair share (if not more) of problems on the Costa Blanca South.

Whether this is officially due to people living there (unregistered or not) leaves a lot to be desired.  And maybe an easy option to cut budgets.  Rightly, there has been an outcry. 

Hi All..............

I think that ruling is correct..................HOWEVER..................the problems arise when the debt goes into court. Because there are 6 courts at Orihuela and they are backed up with cases, it takes around two years for a case to be heard. The courts are sooooooooo overworked that it is taking an age to impliment the rule.

I don't know if this applies to all courts but it certainly does to Orihuela. Apparently the orihuela courts cover such a wide area that time almost stands still. Also we are back to the amount of people living here unregistered, because of this the goverment will not provide funds ( because officially they are unaware of the amount of people living in the area ) and all the infrastructure is in meltdown.

Plexx,

Apologies accepted, but that definition didn't apply in this case!

Anyway, yes, come on you Lawyers, what is your knowledge of this rule or any case histories?

Whoops - I wish I hadn't used the term 'bitching'. Defind as...
Generally, this term is used to indicate that the person is acting outside the confines of their gender roles, such as when women are assertive or aggressive, or when men are passive or servile.

And I thought it just meant 'arguing'! Aplogies to all.

Like I said - I'm not sure I believe it. I wonder if Mr Flores or Maria de Castro will catch this thread (if they get past the bitching that nearly put me off)  and express an opinion based on their very wide and professional experience?

I do think I recall seeing a thread on EoS way back where someone said they obtained an embargo in 8 months.

Plexx,

3 Months?

Since 1999?

That ruling sounds interesting, I wonder if our Presidente/Administrator has heard of this?

Our community are still persuing unpaid comminity charges from people who have not paid since our homes were occupied/built in 2002/3!!

The action has been ongoing for a couple of years I am sure.

I would be interested to hear if there are other cases taking so long or if anyone has used the 3 month rule and has a conclusion.

Regards,

Plexx: Let's hope that those who haven't paid do return to Spain looking forward to a holiday - only to find that there house has been sold by the Courts - due to non payment of Community fees.

Fibby: I haven't gone into my private message board, re: your reply.  Let's all view what you have to say.  Or did you post a private message to save your blushes?

I am not here on the EOS Forum, in what I see as valuable time, to continue what appears to be a spat with you.  And it's you who says I'm argumentative?

from
http://www.justlanded.com/english/Spain/Articles/Property/Community-properties-in-Spain

...but I'm not sure I believe it. I hope it is true because our community have started proceedings against debtors.

Non-payment of Fees

In the past, many communities had severe debt problems because of the non-payment of fees, which in turn led to the management failing to maintain facilities such as lifts, lighting and security systems when they broke down. However, this problem has been largely eradicated with the introduction of a community law in 1999, under which it’s much easier to embargo the property of owners who don’t pay their community fees and, if necessary, force a sale.

The proceedings (called procedimiento monitorio in article 21 of the law) now take around three months only, commencing with a demand ( demanda) in court signed by the president and administrator of a community. After a case has been admitted, the judge asks the debtor to deposit the amount owed within 20 days and an announcement is placed in the province’s ‘official bulletin’ ( Boletín Oficial de la Provincia/BOP). If he doesn’t pay, an embargo is placed on the property and if the debt is still unpaid or additional debts are accrued, the property can be forcibly sold at a public auction at the request of the community representatives.

If you own a second home in Spain that you visit once or twice a year, it’s important to ensure (double check!) that all bills are paid in your absence, otherwise you could find that when you return to Spain your home has been sold to pay bills!