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Viva-Almeria :: View topic - A nightmare time
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A nightmare time
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helliebean
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PostPosted: Fri Feb 15, 2013 9:41 pm    Post subject: A nightmare time Reply with quote

Have had a property in Mojacar for nearly 8 years now... it has been wonderful. However, my experience has now been tainted a lot after having a not insubstantial amount of money stolen from us by a Mojacar based property Agent. It's taken a toll on us because we always stupidly gave this person the benefit of the doubt and it was only when the evidence was irrefutable we realised we have been taken for a ride. Ahhh... the benefit of hindsight...

I shall obviously not name names on here but I wonder if anyone else has been through this with someone local? We have employed a local Solicitor to start the long process of trying to recoup this loss but don't hold out much hope because I have recently heard I am not the first person this has happened to, but the worry, cost and effort in sorting this out has allowed this to happen before.

What is galling is the fact that this person is still very much operating over there and very prominent. It leaves a nasty taste in the mouth... icon_sad.gif
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jimbob
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PostPosted: Fri Feb 15, 2013 10:11 pm    Post subject: Reply with quote

So why don't you just name and shame them before they can do the same to somebody else.Then as the Mojacar 'bongo drums' start to sound this person will soon find themselves out of business.
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helliebean
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PostPosted: Fri Feb 15, 2013 10:19 pm    Post subject: Reply with quote

I just thought perhaps it wasn't the done thing and we are at the delicate stage of sending a Burofax so next week is crucial. I just don't want to jeopardise ANY chance of getting this money back by naming them, I'm sure you can understand that.

I am single minded in firstly recouping the money (possibly unlikely as this has been going on a while and there has been every chance to put things right) but until that chance has gone I feel it is wrong to name and shame. However, if we don't get the money back, I am more than happy to name them and will be quite vociferous in telling anyone and everyone.

(also no idea if I could name by PM or not...)
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hartcjhart
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PostPosted: Sat Feb 16, 2013 6:42 pm    Post subject: Reply with quote

name by PM and as jimbob says let the bongo drums do their job
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lenox
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PostPosted: Sat Feb 16, 2013 10:32 pm    Post subject: Reply with quote

Start a new post about haircuts and mention your chap in a tonsorial way. No bad, no foul.
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helliebean
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PostPosted: Sun Feb 17, 2013 10:33 am    Post subject: Reply with quote

Well... yes... but mentioning is mentioning even if I cloak it in other words on another thread! I prefer to exercise caution at the moment.

Does anyone here know how it all works with regard to recouping money ... burofax is the first step, I just wondered what happens next and if there is a time limit on that and whether the recipient of one is obliged to respond... or whether it is ignorable (is there such a word as ignorable?!)
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Beachcomber_Bar_Mojacar
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PostPosted: Sun Feb 17, 2013 11:45 am    Post subject: Reply with quote

Hi, my advice is not to go down the route of a Spanish solicitor as they will tell you they can help and in fact I think you have little or no chance in getting your money back.
There is a likely hood it would take many years to go to court and the week before a settlement is likely they will disappear or change the company name.
Worse it will cost you a fortune in the end, admittedly this money can be claimed back in the court but if my scenario comes to fruition you wont get that either.
Bite the bullet and give up rather than pay a solicitor is my advice. I'm not saying stop trying to get it back yourself just don't employ a Spanish solicitor, best wishes, John.

P.S. Although I've not been there and done it re the solicitor I know a lot of people that have and cant remember one off hand that has resulted in a result...........

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helliebean
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PostPosted: Sun Feb 17, 2013 11:57 am    Post subject: Reply with quote

Thanks for the advice, John. I much appreciate it. We are only at the early stages with a solicitor and there will come a point where we will not throw any more money at it.

It's all rather depressing isn't it. It seems like we have no way of getting this back then. No wonder people get away with it time and time again. It's really awful.
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jimbob
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PostPosted: Sun Feb 17, 2013 12:17 pm    Post subject: Reply with quote

Do you know where they live or can you find out?
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bomagdrink
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PostPosted: Sun Feb 17, 2013 2:50 pm    Post subject: Reply with quote

helliebean wrote:
Thanks for the advice, John. I much appreciate it. We are only at the early stages with a solicitor and there will come a point where we will not throw any more money at it.

It's all rather depressing isn't it. It seems like we have no way of getting this back then. No wonder people get away with it time and time again. It's really awful.
i would follow them to where they live ..work ..relatives houses ..etc bring in a few friends ..be at thier door first thing in the morning ...last thing at night , go to resturant where they eat , wherever they socialise ..etc thats the way to get your money back, as john said ..forget about solicitors..take into your own hands..or theres people out there who will buy the depth from you ..and they will get it ..or will recover your money for a percentage.
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msnorwell
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PostPosted: Sun Feb 17, 2013 5:56 pm    Post subject: Reply with quote

I think you are doing the right thing at the moment - ie
- exercising caution
- taking initial steps with a solicitor.

But if these initial steps fail, then I fear John is right and you will have little chance of recouping the debt, other than (perhaps) by naming and shaming them - harassing them is not an option as they may then have grounds to take action against you.

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helliebean
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PostPosted: Sun Feb 17, 2013 8:36 pm    Post subject: Reply with quote

Thank you all. Every bit of advice gratefully received.

We are trying the first stages of the legal system, it's probably a waste of money, but we can't not try it. We will stop if it costs any more... it's already costing us.

If the legal route fails, I won't harrass but I live on a complex where they would be looking for new business for something else they do... that won't be happening if I have my way. I don't know where they live but it's extremely difficult not to bump into them over there, they go where we go.

I am being very measured about all this at the moment because there is a tiny chance we will get it back. When that hope fades I will be furious I know I will.

I still love everything about Mojacar, we've had some fantastic times over there with the kids when they were younger and we've now moved on to different times going with friends and having great fun. This, of course, hasn't spoilt it all, but it has upset us and also made me wary and untrusting. Shame...

Thank you everyone for taking the time to post and PM me.
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jminor
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PostPosted: Sun Feb 17, 2013 10:28 pm    Post subject: Reply with quote

Naturally without naming names can you explain exactly how you have lost this money? If the circumstances are explained in detail then that may well help others to avoid getting into a similar situation without needing to know the actual person(s) involved.

People can put two and two together for themselves.
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lenox
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PostPosted: Sun Feb 17, 2013 10:43 pm    Post subject: Reply with quote

We often have this conversation. On the one hand, people need to be warned... on the other, you can get into trouble for fingering some con-man who, since no one will discuss him, can turn around and do it again...
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helliebean
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PostPosted: Sun Feb 17, 2013 10:45 pm    Post subject: Reply with quote

Don't want to explain in detail in the open at this stage. It was something we asked them to pay for us, we thought it had been done, it hasn't. We have paperwork to show the transfer of a particular sum of money between them and us for this.
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