non payment of community charges.

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Paula
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Re: non payment of community charges.

Postby Paula » Fri Mar 13, 2009 6:04 pm

ashtondav - the AGM I am attending is on Sat 21st, I shall PM you with any relevant info soon after.

Jonty
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Re: non payment of community charges.

Postby Jonty » Sun Mar 29, 2009 1:47 pm

Does anyone know the process if you owe community fees, and are struggling to find the money to get up to date? Does the Community Administrator contact you first to discuss the matter and try and arrange payment. Or can the Administrator go directly to a legal process using solicitors and therefore increasing the cost by inclusion of extra legal fees to be paid on top of the community charges owed? Is there any strict process that must be followed, or can they do whatever they want to get the money in?
Sorry lot's of questions, but need to know. A friend in this situation had explained their problem to their 'Presidente', and their hopes of being able to pay in a few months time. The Presidente has since mentioned, in passing, that they are to expect a solicitors letter concerning the debt and there will be extra costs involved.
Is this right??

Paula
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Re: non payment of community charges.

Postby Paula » Mon Mar 30, 2009 2:22 pm

The process followed is whatever the President and community have agreed upon, if anything. Some may have certain timescales like 3 months debt, solicitors letter sent, 6 months debt legal proceedings start. In answer to your question there is no hard and fast rule that applies to all communities, so the president can start legal proceedings whenever he/she wishes.

Jool
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Re: non payment of community charges.

Postby Jool » Mon Mar 30, 2009 3:22 pm

Jonty,

If your friend got a solicitor to write to the President he/she would probably be taken a lot more seriously and it may avert unnecessary Court costs.......

Beachcomber
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Re: non payment of community charges.

Postby Beachcomber » Thu Apr 09, 2009 4:56 pm

What would an environmental audit and advice service in Thirsk have to do with the payment of community fees in Spain?

Jonty
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Re: non payment of community charges.

Postby Jonty » Thu Apr 09, 2009 5:59 pm

Thanks - my friend was reluctant to use a solicitor, as there would be costs involved in doing so. He did think that the 'Urbanizacion' would write to tell him they were taking action against him. rather than go straight to legal action. He thought if he got a letter, he would then reply in writing, thereby getting more time to pay. But he now has a notification from Correos of a letter from an Abogagos in Malaga to be collected within 14 days. So it is too late. What I wondered was if there is a set procedure they should follow - but it seems not.

I agree with Beachcomber - What has the UK debtors assistance got to do with this?

Solutions
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Re: non payment of community charges.

Postby Solutions » Thu Apr 09, 2009 6:10 pm

Solicitor in the UK for last 12 years. Have my own property near Mijas so know the problems. Company provides regulatory advice aswell as environmental audits.

I have done my research and know a solution.

julian
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Re: non payment of community charges.

Postby julian » Thu Apr 09, 2009 7:00 pm

"would write to tell him they were taking action against him. rather than go straight to legal action. He thought if he got a letter, he would then reply in writing, thereby getting more time to pay. But he now has a notification from Correos of a letter from an Abogagos in Malaga to be collected within 14 days. So it is too late"
that notification is probably a letter to warn him that they will take action against him if he doesn´t pay..the letter is from a lawyer, not from the court.

Beachcomber
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Re: non payment of community charges.

Postby Beachcomber » Thu Apr 09, 2009 7:02 pm

So you are also qualified to practise in Spain.

Paula
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Re: non payment of community charges.

Postby Paula » Thu Apr 09, 2009 7:17 pm

Julian is correct Jonty, it will be a letter confirming that they are going to take legal action. Your friend really must put something in writing about his plans to pay and confirm in writing that he has spoken with the President about it. He should send it to the President, copying the Lawyer and the Administrators. It can only help his situation should they take court proceedings. Any form of payment however small would also show his intentions of settling the debt.

Solutions
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Re: non payment of community charges.

Postby Solutions » Thu Apr 09, 2009 8:04 pm

Not qualified to practice in Spain as I don't need to be.

I can do it through the UK courts (except for Spanish residents).

Far quicker and more reliable.

Rules on here as to what I can say. Just give me a call I will explain all. Or I will come over and see you if you are interested.

Bongtrees
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Re: non payment of community charges.

Postby Bongtrees » Thu Apr 09, 2009 8:22 pm

Solutions wrote:
Just give me a call I will explain all. Or I will come over and see you if you are interested.



Looks like the illiterati are back
:roll: :roll: :roll: :roll: :roll: :roll: :roll: :roll:
In a time of universal deceit, telling the truth is a revolutionary act. George Orwell

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pigs-might-fly
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Re: non payment of community charges.

Postby pigs-might-fly » Fri Apr 10, 2009 7:58 am

Ho,Ho,Ho!
Can one trust a legal person who has no concept of grammar?
Location: The Dukeries.

Ukhozi
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Re: non payment of community charges.

Postby Ukhozi » Wed Aug 22, 2018 3:27 pm

Total waste of time and money taking none payers to court as they don't have any money or assets apart from owning the property which is almost certainly in arrears with t he bank anyway who have the first call on any equity, if there is any.

Of course the community has to go through the motions or they will not be in the list of debtors at all but don't expect someone to suddenly decide they have found 10.000€ in their back pocket and the community will get fist crack at it, there will almost certainly be many others in the list, like the 'Padron', credit cards, banks, etc.

Many people just CANNOT pay. If on a fixed, low income, priority has to be food, electricity, water, then transport, phone etc.

Community debt is a huge problem and very unfair to the people who do pay but it's not always the fault of the debtors. try living on 800€ a month, the UK pension, (pension? don't make me laugh! Or getting a job when over 65, (in reality, over 45) and even then paid only 10€ an hour part time, if your lucky.
All comments should be taken in the spirit intended, Jack Danial's is fine. :lol:

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fincalospinos
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Re: non payment of community charges.

Postby fincalospinos » Wed Aug 22, 2018 4:24 pm

In most cases, if a judgement is made against a debtor and they dont pay within a set period, a charge can be levied on the property. If and when the property is sold, the amount levied, plus interest, is paid back to the community. If the property is not offered for sale, and the initial charge against the property including accrued interest exceeds a certain percentage of the value of the property, the court can force a sale. Most solicitors contact the community administrator on behalf of a prospective buyer to find out if all fees are up to date.
Hardworking resident !!

Ukhozi
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Re: non payment of community charges.

Postby Ukhozi » Fri Aug 24, 2018 5:40 pm

And if there is no equity? What then.
Property market value say, 320.000€. owed 420,000 with payments, fines and interest over say 6 years, sold by bank for 200,000€ (yeah, really, welcome to the real world) town hall owed 12.000€. etc etc. :? Community, not a bean. A court can say all it wants regarding what should be paid but if the well is dry what is to be done? you cannot get blood from a stone.
Every community I know has a huge problem with defaulters and NONE has managed to obtain more than a few hundred in.
Maybe if Spain was a welfare state there might be hope for those really in need instead of their retirement being a living hell and hanging on trying to keep a roof over their heads and making ends meet, sometimes.
All comments should be taken in the spirit intended, Jack Danial's is fine. :lol:

Manchesteral
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Re: non payment of community charges.

Postby Manchesteral » Fri Aug 24, 2018 9:36 pm

Ukhozi wrote:Total waste of time and money taking none payers to court as they don't have any money or assets apart from owning the property which is almost certainly in arrears with t he bank anyway who have the first call on any equity, if there is any.

Of course the community has to go through the motions or they will not be in the list of debtors at all but don't expect someone to suddenly decide they have found 10.000€ in their back pocket and the community will get fist crack at it, there will almost certainly be many others in the list, like the 'Padron', credit cards, banks, etc.

Many people just CANNOT pay. If on a fixed, low income, priority has to be food, electricity, water, then transport, phone etc.

Community debt is a huge problem and very unfair to the people who do pay but it's not always the fault of the debtors. try living on 800€ a month, the UK pension, (pension? don't make me laugh! Or getting a job when over 65, (in reality, over 45) and even then paid only 10€ an hour part time, if your lucky.


I rent my apartment, €550.00 pay €45.00 for my internet which includes my Spanish phone and €25.00 for a second cellphone, that's a total of €620.00 per month, with respect I would suggest that anyone expecting to live (singly) in Spain for €800.00 per month is very optimistic, on the other hand if both parties receive €800.00 per month it's an entirely different matter.
I live here in the winter months mostly alone and my average monthly expenditure is around €1150.00 !

Manchesteral
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Re: non payment of community charges.

Postby Manchesteral » Fri Aug 24, 2018 9:49 pm

Solutions wrote:Solicitor in the UK for last 12 years. Have my own property near Mijas so know the problems. Company provides regulatory advice aswell as environmental audits.

I have done my research and know a solution.


So actually what you are doing is promoting your service here for free !!

Manchesteral
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Re: non payment of community charges.

Postby Manchesteral » Fri Aug 24, 2018 10:14 pm

Jonty wrote:Thanks - my friend was reluctant to use a solicitor, as there would be costs involved in doing so. He did think that the 'Urbanizacion' would write to tell him they were taking action against him. rather than go straight to legal action. He thought if he got a letter, he would then reply in writing, thereby getting more time to pay. But he now has a notification from Correos of a letter from an Abogagos in Malaga to be collected within 14 days. So it is too late. What I wondered was if there is a set procedure they should follow - but it seems not.

I agree with Beachcomber - What has the UK debtors assistance got to do with this?


What is an abogagos ? do you mean abogado, singular ?

Parilla
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Re: non payment of community charges.

Postby Parilla » Sat Aug 25, 2018 5:34 am

Ukhozi, in the example you quoted I assume the bank repossessed the property, in which case they would have been liable to the Community for the current year to date fees, plus full annual fees for the prior three years. That would not clear the full six years debt but would be better than a slap in the face with a dead fish.

If your Community has been so unsuccessful in collection, you may have the wrong Administrator and/or Lawyer. In the years at the height of the crisis, our debtors peaked at 150K. For the last three years the average has been 35K, which is about where we were pre crisis. The credit for this goes to our Administrator and Lawyer - both small local firms.

Parilla


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