21 Jul 2020 12:15 AM:

We won our court case in September 2019.  San Javier didn't pay the Court until March 2020.  Our barrister collected the Court document with our payment details on 8 July 2020 and took it to Santander Bank, Cartagena for the bank transfer to be done.  We have a copy of the document stamped by Santander.  So they now have our money and allegedly will transfer it when they get around to it.  I was told today by our ineffectual lawyer, that Santander in Madrid do all Court bank transfers for all of Spain and have a queuing system.  Santander will only update the sender not the recipient.  3 years 3 months later and now Santander Bank are messing us about, with no recourse available to us. 
It is truly a shocking, disgraceful system with total disregard for decent people, who have abided by Spanish laws and been taken advantage of, time and time again.  
I wouldn't buy another property in Spain if it was €10 with bells, whistles and a pool.

Thread: Bank transfer from Spain to U.K.

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20 Jul 2020 11:30 AM:

After a 3 year battle with San Javier Town Hall, including a court case, to reclaim our PlusValia Tax, the Court at Cartegena finally issued a bank transfer (via our barrister) to the Santander Bank, Cartegena (vía Madrid) to transfer these funds to our account in the U.K.

This was done on 8 July 2020 and despite our efforts cannot find the name and email address of the Santander bank manager in Madrid, to put this matter in writing to trace our payment.  The web site says it takes 5/7 days and we are now on day 13 and still no payment received.

Our legal representatives response is "to wait" 

Any help gratefully received.  

Thread: Bank transfer from Spain to U.K.

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25 May 2018 6:25 PM:

We sold in May 2017 after the Spanish ruling and argued as we had sold at a loss, we shouldn’t have to pay PlusValia Tax.  We were told we had to pay and then claim it back.  We paid almost €3000 in PlusValia Tax.  Our lawyer made our claim to the local authority (San Javier) and had to wait 6 months for it to be ignored (and it was) then our lawyer submitted another claim in February 2018, during which they had two months to respond (and didn’t).  Now we have to pay €350 plus IVA for an architects report on the land price (?) plus lawyers fees to go to court (still trying to get a figure for this).......

We have been told by our legal firm that these expenses are not recoverable if we win - in other words we’ll probably get half, if we’re lucky.  We have also been told, by another source, that these expenses incurred will be added to our claim if we win.

Who is correct?  Anybody know?

It’s almost a year now since this process began and I think most folk would have thrown in the towel by now.  But I intend to see it through - just wish I knew what the law says in these cases regarding incurred expenses.  Thx

Thread: Reclaiming PlusValia on a property sale

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21 Feb 2018 8:39 PM:

Maria, I have a copy of the submitted claim for Plus Valia tax but I am unable to paste here.  Must be how the web page is set up.  Earlier I copied an email from the buyers gestoria saying we had to pay the tax and reclaim even though legally we didn’t owe it.  I think this may have been refused on the this forum website as I should have removed their name but didn’t..............  :>(

 

  

 

Thread: PlusValia Tax

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21 Feb 2018 11:49 AM:

Maria - This is extraordinary.  We sell at a loss, therefore no PlusValia tax owing.  We are forced to pay by our buyers Gestoria, and then claim the tax back, which is ignored and we are forced to take legal action.  

This tax should be the same as the 3% retention on the sale of a property and if not repaid within 6 months they have to pay interest. 

 

 

Thread: PlusValia Tax

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