Rental income stolen

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02 Aug 2009 12:00 AM by dkings Star rating. 2 posts Send private message

I jointly own a villa in Spain which I jointly inherited from my parents.  I jointly agreed to let the villa in 2007, however the other party have breached the agreement by collecting payments in cash from the tenants and not passing my half on to me. In other words they have stolen the money and it's a large sum. Recently, I  gave power of attorney to a Spanish lawyer. He wrote to the other party to request documents and the accounts but they refused the letter and have not replied. Effectively, they have tried to make themselves  untraceable, and they don't answer any emails or letters, even when these come from a lawyer. My feeling is that it's theft, because every month my income is stolen.

Can anyone advise me?

Thanks

D

 

 

 

 

 

 

 





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02 Aug 2009 12:50 AM by myra cecilia Star rating in Manilva Malaga. 213 posts Send private message

dkings.  this kind of forum question is becoming very difficult for me to swallow. Why are there so many of you, that Pay a lawyer. Give Power of attorney to that lawyer and yet are chasing these people yourself and need help from a forum. I support ,like so many on this forum people who seek assistance or answers to questions. Cases like yours come to my attention at least once a week if not more. Are so many of you willing to pay out to lawyers to negotiate everything from mortgage problems to cases such as yours and then not receive the support you have paid for. I am sorry if I sound unsympathetic but for goodness sake. Know who you are contracting before you do so.  PLEASE.



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Myra Cecilia. www.costaadvicebureau.com




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03 Aug 2009 10:43 AM by dkings Star rating. 2 posts Send private message

I am surprised by your comments. The advice I need is how long the Spanish legal system will take to deal with my case, as I have heard there is a backlog of cases.  I do not have a problem with my lawyer, and am advised it is the only way to resolve the matter.

Also, I do not live in Spain. My lawyer is currently on annual leave during August, so cannot ask him the question myself.

 

 





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03 Aug 2009 2:50 PM by joanmalaga Star rating in Costa del Sol. 419 posts Send private message

Looks like your only way out is the legal route.  The fact that they dont reply only proves you are right and will not help their situation. Is the rental contract in both the names, if so contact the tenant and advise that half of the payment has to be paid to you by bank transfer.  At least this way you can get some money for now and argue the rest in court.

The legal route can take at least around 6 months and can be very frustrating but worth it when you are refunded what you are owed!

Hope this helps.

Joan





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03 Aug 2009 6:48 PM by myra cecilia Star rating in Manilva Malaga. 213 posts Send private message

DKINGS. That is not the question you asked. Please check your post. I am not unsympathic but need us all to have correct information. In answer to your new question. How long is a piece of string.? Depends on the courts but mainly on your lawyer. will he drag it out, will he put it on the back burner because its not a big earner. will he be a good guy and give you preferance.

All I can say to anyone on the forum. If I reply tell me what you wish to hear the truth? I prefer to be honest. Good luck with your case and its obvious that you need to take over the negotiations with this property and not the not to be trusted other party



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Myra Cecilia. www.costaadvicebureau.com




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03 Aug 2009 9:07 PM by ******** Star rating in UK & Murcia. 574 posts Send private message

I'm surprised anyone asks anything of you with an attitude like that.  Someone wanted help, not a lecture. 

If the topic is difficult for you to swallow I suggest you ignore it rather than taking it out on the person asking for help.  The questions might not be specific enough for you or they may make you frustrated but they matter to the person posting. 

dkings, try asking Maria de Castro, she is always more than helpful.  Good luck.



_______________________

Jane




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03 Aug 2009 9:25 PM by myra cecilia Star rating in Manilva Malaga. 213 posts Send private message

Adosado. As I help so many people I choose to ingnore your post. what is it you want lies



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Myra Cecilia. www.costaadvicebureau.com




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03 Aug 2009 10:29 PM by ******** Star rating in UK & Murcia. 574 posts Send private message

Common courtesy and respect for others costs nothing.  Pity your contribution on this thread is so aggressive towards others, as in different threads you appear to be supportive.  I wouldn't be surprised if dkings...... and maybe others .........don't post questions asking for help if they receive this sort of response.



_______________________

Jane




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03 Aug 2009 11:09 PM by myra cecilia Star rating in Manilva Malaga. 213 posts Send private message

You are obviously not reading my posts as they are written. I object to you implying that my thread was aggresive and I am certainly not going to be taught manners by you. It is obvious that you want to argue. I am beyond that ,sorry but I will not respònd to your posts so feel free to insult.



_______________________

Myra Cecilia. www.costaadvicebureau.com




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04 Aug 2009 8:45 AM by ******** Star rating in UK & Murcia. 574 posts Send private message

Thanks for your reply.  i do not want to argue.  Merely point out that posters asking for help want just that, as that is what this forum is about, not a lecture about how well or not they have pursued their issues or phrased their posts. 

I'm very happy for you not to respond to my posts.  You could also refrain from sending pm's like this if you wish to ignore me:

Why do you have a name as xxxxxxx Do you have a hidden agenda as you wish to keep prodding me and obviously hoping to put others against me. You do not sound  to be a very nice person. I have a business here and a good name. I dont think you will damage that.



_______________________

Jane




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04 Aug 2009 9:50 AM by myra cecilia Star rating in Manilva Malaga. 213 posts Send private message

Glad to see what you are capable off. Publishing my pm shows your true colours. You are getting obsessed with me. Please find a life and leave me alone. I have work to do.



_______________________

Myra Cecilia. www.costaadvicebureau.com




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04 Aug 2009 10:35 AM by ******** Star rating in UK & Murcia. 574 posts Send private message

QED.



_______________________

Jane




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04 Aug 2009 10:36 AM by myra cecilia Star rating in Manilva Malaga. 213 posts Send private message

Apologies if anyone is offended by these silly emails between xxxxxxx and myself.  All the same many of you have viewed them so maybe it makes for some light entertainment.



_______________________

Myra Cecilia. www.costaadvicebureau.com




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