Spanish Bank Issue - PLEASE HELP!!!

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28 Mar 2013 1:20 PM by EllieIz Star rating. 2 posts Send private message

 Please help me, I lived in Spain for a short while some 8/9 years ago. Whilst I was there my British employer insisted that I opened a bank account in order to get paid. He told me what bank account to open and I did that and signed stuff etc. in Spanish that I didn't understand etc, but I was reassured by the people in the bank it was free -  since I did not have a debit card, only a card to withdraw cash, and I was not able to withdraw any more than I had in the account as there was NO overdraft facility. I was informed that it was basically a savings account and I actually had a paying in book (like an old building society or post office account). I used the account for literally a month or two, as after that I changed jobs where I was paid in cash.... I remember that I had an odd amount of money in the bank, and since I was only able to withdraw cash I seem to remember that I had something like 3 euros or something left in it. 

 
I thought nothing of it, until the other week when I got a letter at my parents address (the address was incorrect with the wrong postcode, but it managed to get there without being redelivered or anything), basically saying I owe 148 euros, and that I need to pay with 15 days of receipt of the letter otherwise they will send the 'fichero.' I don't understand what on earth the debt is for (it doesn't say in the letter), or even how to go about paying it, as well as the fact that this is the first I have heard about it. 
 
I would really appreciate advice on this - I have never been in debt, I know for a fact I have a good credit rating -have just got my first mortgage and always pay off any credit cards I've had before the interest free period is over. I don't even use my free overdraft in this country, I'd hate for something stupid like this to spoil my credit rating, but I also don't want to just pay up without querying it - I know in the UK there is a time limit for recovering debt, and it has been over 8 years since I've used the bank account or had any contact with the bank.
 
Thanks




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28 Mar 2013 4:07 PM by arne56 Star rating in La Cañada and Uppsal.... 192 posts Send private message

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Could be the maintanance fee of some €40 a year or the special fee to Valencia for non recidesias. Look at your account.

I was advised to open an account in Bankinter about a year before we completed and was told to put in €100 in order to keep the accout "alive". I was told I would not get intrest so I decided €10 was enought. I recieved monthly letter telling me nothing has happened until suddenly i said that my account was zero due to "fee".

Spanish banks are not very keen on telling negative information, and as maintanace fee and no intrest is very far from how it works in Sweden or maybe GB we are easy to cheet.



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28 Mar 2013 4:12 PM by nigel188 Star rating in Estepona. 655 posts Send private message

 Hi Ellie

First I need to establish are you still in Spain or living in UK. Do you own Property in Spain.

Do you know what the name of this Bank and Branch where  you opened 8/9 years ago.  Why did you not close this account ,if you were returning  to UK???.  Do you know of anyone where you were staying before  in spain  who could act on your behalf. Maybe you could give them power of attorney for this matter. The 148 Euros is maybe Bank Charges or a Dormancy Fee. Did you receive any Bank Statements while you were using this Account in Spain. It is very difficult to sort out these  types of problems from afar.Let me know the answers to my questions and I will try and help you further.

 

Regards

 



_______________________

Nigel




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02 Apr 2013 9:36 AM by EllieIz Star rating. 2 posts Send private message

 

 Hi,

 

Thanks for your replies. I am now currently living in the UK, and do not own a property in Spain, just in the UK. The bank was 'La Caixa' and the branch was in Tenerife. I know it was stupid, but I don't know why I didn't close the account - I guess I thought it would be handy to have a 'Euro' account if I needed one for travelling etc. and as I believed there was no charges I didn't think it would be a problem, and as I mentioned - the first I heard about it was this letter and to be honest I completely forgot about it until then. To my knowledge I did not receive any bank statements whilst I was living out there.

I am not in contact with anybody who is still there and able to act on my behalf, although I have a good friend who is fluent in Spanish and is able to help me contact the bank to pay and close the account etc. I have done some searching on the internet and it would seem that this bank charges a maintenance charge. Obviously - if this was in the UK I would at least try and query/dispute the charges given the circumstances - is there any point in trying to do this in this instance? My other concern is that by making contact with the bank I am in some way 'accepting' the debt (which I still do not know what it is actually for) opening myself up for further 'charges' and then not being able to close my account without physically being there in person.

 

Thanks again for your help,

Ellie

 

 


This message was last edited by EllieIz on 02/04/2013.



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02 Apr 2013 10:25 AM by arne56 Star rating in La Cañada and Uppsal.... 192 posts Send private message

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My best guess, Ellie, is that the bank has closed your account for the reason it is emty due to the fees.

During the banking crisis, the auditors have gone through old documents, to see if it is possible to get some money by shooting some long shots. You also have not received any bank statements, showing how the debt was incurred.
If the debt is more than 5 years and they can not show that you received information during the time I would guess that the debt is time-barred. I would wait and see if there are any more letters. As you write, the answer is to acknowledge that you have received information, which may extend time of  the "time-barred" time.
If the bank really has the right, it will cost probably more to pursue this case because they must do so internationally.



_______________________

Better listen to a breaking string than newer draw a bow.




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03 Apr 2013 9:57 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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 Ask the Bank in written, to explain to you what the debt comes from. This, together with being an obligation of them, stops any legal deadline or reaction.

Sending data to " ficheros" means that they will try to get you registered as a bad debtor in Spain. Of course, this can be contested too as it is an action they take unilaterally. Some judicial or arbitration control should be placed on this, in our opinion.

 


This message was last edited by mariadecastro on 03/04/2013.

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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