Embargo

[Mowser]

1. I sold a flat in 1989 to owner "G"
2. Owner "G" sold this on in April 2008 to owner "N"
3. IBI for 2007 was taken from my bank account in September 2008
4. I contacted owner "G" who said he didn't change details, but paid bank every year
5. Owner "G" paid me his share of IBI (€40) and told new owner "N" to pay me balance (€80)
6. Despite phone calls, no money yet from owner "N"

Both sales (1988 & 2008) were handled by lawyers and registered through notary

I took all my tax details and escritura showing the flat was no longer mine to the local tax office.
They said they couldn't do anything as they as yet had not received details of the recent sale.

Where do I stand with regard to getting my money back from owner "N"?

It's possibly not worth the bother, but it sticks in my throat.

[Bongtrees]

It is definitely not worth the bother, save your energy you might need it another day.

It is very easy to live in Spain without a Spanish bank account.

With the current economic climate I have heard that there is a big push to get money into the coffers by any means possible.

[DavidSearl]

Dear Mowser,

The IBI is a municipal tax. It is the "rates". Write a short note to them, explaining that the 2007 tax was charged to someone who had not owned the property for 10 years. Include your details from your original sale, photocopy of compraventa contract from 1988. Respectfully request return of the mis-charged tax and wait to see what happens. Clearly, they erred and they owe you the money. You want this presented at the Town Hall with a note of receipt. Secondly, go to your bank and make sure they cancel the standing order to pay the tax on the property you sold 10 years ago. If new owner "N" never registers for IBI, as he is legally required to do, this nasty bite might happen again.

As to collecting from new owner "N", I am afraid I can't help you.

Good luck with it, David Searl

[Mowser]

Thanks David. I tried to do this last year but as I said, the sale hadn't then been recorded. I'll give it another bash.

[julian]

ask in your patronato office for a form to fill in for "devolucion ingresos indebidos"
fill it in..include copies of your NIE/PASSPORT, escritura from when you sold it, copy of document from bank showing when it was taken from your account.take a fotocopy of the form before you present it and get it stamped to keep as proof that it has been presented..then wait..paciently!!!(how do you spell paciently correctly?looks a bit odd )

[JAWG]

Patiently!

[julian]

thanx !

[Mowser]

I emailed the extranjeros department in Nerja and got this reply:-

Dear ***********,
You will have to put a written claim to the Nerja tax office (near the post office) with copy of the escritura asking for the money return presenting a bank account statement and account number for the amount to be deposited. Possibly, this can take up to one year.

Kind regards
Foreigners Department

A year? WTF? Maybe I should stick a 20% surcharge on - as they do with us for late payments!

[julian]

considering you sold it 20 years ago and it´s still in your name I guess a year is not so long to wait !

[Mowser]

Update ...

Yesterday I received a registered letter from IBI. In it I was told that my money was going to be paid into my Unicaja account. GREAT ... except ...

I changed my bank to Cajamar (no fees guaranteed for life).
I wrote this bank change on the form in Nerja, so they knew about it.
I phoned the IBI number in Malaga. A pleasant lady who spoke perfect English told me to scan and send a copy of the letter, all my bank details, my residencia card & certificate. She emailed me within minutes to say she had forwarded it to the relevant office.

So ... 7 months down the line there appears to be a solution.

btw (1) ... funny how the IBI office who had ALL the information managed to omit reading the part about the bank change. It seems a bit weird as this morning €243.33 was taken from my account by MAPFRE. It was for an insurance policy taken out by someone in Madrid. The office in Madrid had inadvertently written down the wrong account number.

I phoned MAPFRE who apologised and after a quick visit to the bank (3 signatures needed), my money has been reimbursed.

btw (2) Telefonica took €10 from my account. I changed to BT last year. They said it was to cover the rental of the new phone I had ordered. Erm ... I don't have a new phone. Aaaargh.

[concorde]

Mowser, go directly to my 'Rant Room' thread in 'About this Forum ' topic.

With all the rotten things happening to you, your post definitely qualifies for ths topic and even 'ranter of the week' award and deserve all the tea and sympathy that you will no doubt be given.

[Mowser]

Yowza! The embargo money was paid into my bank today. I'm actually up on the deal as the owner I sold the flat to gave me €40.00 last year (his share). I suppose I'll pay him back if he asks for the money.

That didn't take long did it?