Electric and Water contacts in old name

I went to a presentation by an lawyer recently..

An interesting point raised was that if you do not change the utility contract to your name, (it has been ‘normal’ to leave them in a/the previous owner’s name to save money) then if the supply is ever cut off, maybe non payment  resulting from a problem with a DD at your bank etc, then you cannot have it re-connected as you are not the person contracted.

If you were not living in Spain then you would have to come to Spain to make a new contract.

I don't think exactly correct

I think there is less of that these days - leaving contrcats in name of previous owner

But it is possible to make Endesa contracts over the phone and water contracts just by attending office.

More of a problem on electricity is the bolitina nd the cost of obtaining and updating installation etc

OK Faro.  I am sure the qualified lawyer is wrong and you are right !!!!!!  (maybe)

Regularly arrange endesa contracts over the phone - no problem!

generally water contracts also not a problem.

and all without a POA

I wouldn't pay much attention to what a Spanish lawyers says

I wouldn't pay much attention to what a Spanish lawyers says

He was qualified in Spanish law, but was not Spanish, having praticed law in USA for 25 years and now for a similar period in Spain, but what would he know!

Like when you advised people not to pay certain property taxes as they never enforce it, then we heard that a poster had received a bill from the tax office for just that tax, why doesn’t that surprise me ? 

Are you sure the person to whom you refer is a practising lawyer?

If it is who I think then he is a legal writer/speaker and as far as I am aware not holding a practising certicitae in any jurisdiction?

Also I don't believe he does this type of work (ie arranging electricity/water contracts) whereas my office does..

As regards tax I tell it as I see it and it is for people themselves to decide. Recently the tax office has been contacting some non-residents who were not filing returns. But those I have met accepted the game was up and filed and paid and they are no worse off as the letter clearly says if paid during the voluntary period there will be no penalties. I actually file a lot of tax returns and deal directly with tax offices.

The same with cars and one time I would have said no problem driving UK plated cars leaving aside the insurance issue but now I tell people this is too risky as the police have changed their attitude.

There are a lot of grey and confusing areas  ..... but I have always been truthful in what I have said and everyone knows the risks of non-compliance and that one day they might get caught.

  Bill Oliver, La Cala de Mijas.

http://www.martindale.com/William-H-Oliver/1272915-law-firm-office.htm

Interesting - it's a a name I have never  come across before but I see he his regisered with ICAM.

But I regularly do this type of work and get a call to say house and been disconnected can you sort it out.

I have only ever had one problem which did take 12 months to resolve but that was a fraud case on a campo property and involved many meetings with Endesa in Malaga and Endesa/Sevillana on site (many many problems which partly explained the rogue connection in the first place!) and all this was done without a POA.

With Endesa we try to avoid the public offices (if we don't have a POA) and find we make better progress over the phone. Sometimes we dump the old contract and make a new contract depending on circumstances.

Elaine

I am merely pointing out it is possible to reconnect electricity without the owner of the property coming to Spain and without the agent holding a POA.

I stand by that statement.

I would suggest Johnnz contacts this lawyer to discuss and this lawyer will probably say yes it is possible ......

I had thought Johnnx was referring to a certain well know legal writer but he was not......

Whenerver I am told the name of a lawyer I have not come across before I always check he/she is registered because as we all know there are many in Spain who hold themselves out as being a lawyer when they are not and this is generally good advice.

I seek no work or instruction from this site but I do my best to give honest and practical advice and very much on a DIY cost effective basis.

I appreciate my advice may well differ form others and also practice varies from one region to another.

Sometimes at conferences speakers speak more of the letter of the law but in practice that is not what is happening.

Many on this site have thanked me for my help and advice which is free.

Julianx

Why question me and not clarify with Johnzx or the lawyer that said this was the case?

I have told you for me that is not my experience.

Why can you not accept that to be the case?

But I don't need the grief and that is not why I participate on this forum. I have genuinely tried to help people and I have mostly enjoyed this forum.

But if you all clearly have no interest in what I have to say then I will make no further postings as I don't enjoy personal attacks of this nature.

It is now your forum.

Faro is quite right in what he says . Most people get re-connected over the phone once having paid the outstanding amount. if there's no need for a new boletin they have 24 hrs from the time you pay to reconnect you. If you need a new boletin there's very rarely any need to deal with the electric co. yourself anyway. what is the law & what actually happens are two completely different things.

Everyone will tell you that if you are over 65 there's no cgt as long as you have up to date tax certs. Around here , if you are over 65 that's it , no need for tax certs !

Ask the same question of 10 lawyers & get 10 different answers. All most are useful for is to give you  a vague idea of the law. I've never had a problem doing anything for anyone with regards to needing poa's.