Made to pay €10235.65

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26 Nov 2008 12:00 AM by barneylou Star rating in Ireland. 2 posts Send private message

Hi all,

I really hope someone can help me out here, My husband and I bought an apartment in spain some time ago and we got our mortagae through La Caxia bank, up untill now we have had no problems as such, we pay in money when were over there and it covers the mortagae payments and other outgoings. Unlike Irish banks that send you out bank statements showing your balance weather it be in the good or bad, la caxia didnt instead you got a slip of paper with just out goings and lodgements made,there is no forward balance from the previous statement and no final balance on the current statement, which in fact means you have really no idea what the position of your account is. we found this out to our misfortune, we rang the bank one day to find out what our balance was as we hadnt made a lodgement since July / August when we were last over they told us the amount and hands up we had missed three mortagae payments we apoligsed and said we would forward the funds straght away and make a further lodgement to cover future payments for a few months, however to our surprize we were told that they couldnt accept our money as our account had been handed to the banks lawyers, we never received a solicitor letter or in fact any thing that would have given us an indication that our account was in the red.

To make matters worse the banks lawyers informend us through the bank that they required €10235.65, this was made up of €7629 Lawyer's fee and €2606.65 Assistant to court fee, yet we received noting from them, we were told that if we had been living in spain the amount would be €1000 but because we lived outside spain it went up to €10235.65 I understand that we were in the wrong and should have made sure to have money to meet our mortagae payments but we offered to pay the arrears and futher payments and they were rejected, untill we pay this €10235.65  we in fact arent allowed to pay our mortagae it feels like we are been blackmailed, I dont understand the logic behind it I mean if someone was having problems paying there mortagae what makes these lawyers think that they can afford a fee of this amount along with the arrears owed and futher payments are they just trying to get the propertys. Anyway our spanish lawyer says he has spoken to the branch head and the lawyer and they wont move either we pay it or they take our property, we will never buy abroad again. has any one else had a similar experience and if so what was the out come. Please help



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Barneylou



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26 Nov 2008 1:56 PM by claire T Star rating in Torremendo, Orihuela. 688 posts Send private message

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Hi Barneylou - sorry to hear about your situation.  I have heard of other situations like this and feel that your Spanish lawyer should be offering you more explanations than you seem to have been given.  I was told by our property administrators that Spanish banks and their lawyers don't send any notifications outside of Spain when people are in arrears but a lawyer on this site, Maria de Castro, said that this was incorrect.  Maria is a regular contributor here so she may be able to help.

It may be your best bet to pay up to stop the whole process and then try to get a refund later - if you have the means to do this.  The banks are allowed to sell your property to reclaim the debt and legal fees and this will increase every day that the matter is outstanding.

Sorry to be so negative - hope you get it all sorted soon. 



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26 Nov 2008 2:24 PM by barneylou Star rating in Ireland. 2 posts Send private message

Thanks Claire T,

You start to think your going mad but we knew we never received any documention from them if we had we wouldnt be in this mess, Ive just sent Maria all the info I have which is an email from our spanish lawyer giving a break down of the money owed. I think you may be right we will no doubt have to pay in full its so annoying and unfair. You make a good point thought try to get it a refund at a later date when we have a chance to look in to it more.

 

Thanks again Claire,

Barneylou



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