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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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Location: Gloucestershire/Mojacar

PostPosted: Sun Feb 17, 2013 10:50 pm    Post subject: Reply with quote

Lenox, I totally agree with you. I want to stop this happening to someone else. We didn't deserve this and nor does anyone else. And once things are sorted one way or the other, I will do my utmost to ensure this in the safest way possible to us. I don't want to cause myself problems, this has caused us enough!
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kianda
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PostPosted: Mon Feb 18, 2013 11:18 am    Post subject: Reply with quote

If the amount owed is under €30,000 you might want to consider going through the small claims court in Spain, especially as you appear to have evidence in writing. Google the procedure and you will find a lot of information, eg, http://www.webexpressguide.com/costadelsol/article.php?id=1842
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helliebean
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PostPosted: Mon Feb 18, 2013 2:57 pm    Post subject: Reply with quote

Thank you kianda... I have had a good read through that and will look into it. Firstly though, we are going to give our Solicitor/lawyer a chance to do what he can on the money we've given him!
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walkerm
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PostPosted: Mon Feb 18, 2013 2:58 pm    Post subject: Reply with quote

Why don't you DENOUNCE him, I'm sure some of the residents on this forum could explain how the process works, and I'm not even certain you need a solicitor to do it, can probably do it yourself.

The other Beachcoomber (not John) maybe able to advise?
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helliebean
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PostPosted: Mon Feb 18, 2013 3:46 pm    Post subject: Reply with quote

Thanks Walkerm. We did look at doing a Denuncia at the police station but it is even more long and drawn out than what we are doing with a Solicitor, we just wanted to immediately put something in place (before returning to UK).
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Que-bien
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PostPosted: Mon Feb 18, 2013 11:32 pm    Post subject: Reply with quote

Sadly I think you will be old, grey and poor by the time you get to court, that's if ever you did, sad fact of life in Spain icon_sad.gif My friend would hound them as suggested by someone else on here, it worked for him, but you have to be of an extreme stubborn nature to be able to carry it through, me I would just cut my losses, but that's because I think everything that goes around comes around icon_smile.gif Good Luck, I wish you the very best, hopefully the system will prove us wrong and work for you, fingers crossed icon_smile.gif

Beachcomber Malaga will tell you to forget the solicitors, of that I am 99.9% sure.

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ravenbird
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PostPosted: Tue Feb 19, 2013 11:36 am    Post subject: A Nightmare Time Reply with quote

I was speaking to someone yesterday who was owed money by someone unscrupulous in the property arena; went to court, won the case, and is still waiting to be paid - it's only been two years and no sign of one single euro ! Unfortunately I don't think winning and going down the legal route means much in Spain. No such thing as a 'Sheriff' to collect debts here sadly.
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helliebean
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PostPosted: Tue Feb 19, 2013 12:16 pm    Post subject: Reply with quote

Que-bien... oh yes, I have gained a few more grey hairs with all of this! And do like your 'karma'... let's hope!

Ravenbird... yes I can quite imagine. However, Mojacar, in the end, is a pretty small community and we will be rubbing shoulders with the people concerned so I do wonder what is going on in their heads to take this risk and do this as I'm obviously not going to be recommending them to anyone!
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Que-bien
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PostPosted: Tue Feb 19, 2013 12:33 pm    Post subject: Reply with quote

Helliebean, there's a saying that goes like this " all publicity is good publicity "

Lets hope that isn't the case, but as you have already seen, its not a problem for them, they are quite happy to go where you go, they are probably used to twisting the truth and are hard faced enough to do as they please. You already have been being careful about what you say about them, so I doubt you are screaming about them in the bars, so they get away with it icon_sad.gif they will know the queue for the courts is about 5 years long, they may enough think they are in the right, its amazes me sometimes how people can channel their thoughts that way icon_sad.gif

And Ravenbird said, winning in court probably will not get your money back either, sad we seem to have lost all sense of responsibility for our own actions nowadays icon_sad.gif

I wish you well icon_smile.gif

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helliebean
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PostPosted: Tue Feb 19, 2013 12:58 pm    Post subject: Reply with quote

Que-bien... yes I think there may well be a 'brazening it out' scenario going on in the future. However, we are at the first (and possibly last!) stage of legally trying to recoup the money so I yet again have to wait and wait... I have done so much waiting, I am extremely bored of it as I am not naturally a patient person!

There is absolutely no way they can think they are in the right in any way whatsoever because of the nature of this. It isn't a case of something like paying themselves a bit more over a number of years because they have worked hard on our behalf or anything remotely like that. It is one big sum of money and totally cut and dried and we have taken advice from a number of sources. How on earth they thought we wouldn't find out, I don't know - it was just a matter of time. They made a mistake with a minor detail with this, which brought it to light... if they hadn't, it could have been much longer before we found out. And yes, I do think they will know how the legal system works and use that to their advantage unfortunately, as I have heard some other 'talk' elsewhere.

No, I am not shouting it out in the Bars YET. I have to wait for a while until we have exhausted this bit of the legal process. However, once that has happened, I shall feel very very different about it all and will make my feelings very well known anywhere and everywhere.

Sorry to bore you all with this, folks... it just isn't going away but I will soon, don't worry!

I do very much appreciate all your feedback.
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Que-bien
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PostPosted: Tue Feb 19, 2013 1:07 pm    Post subject: Reply with quote

Its not boring, it may even be helping you in a way, at least talking about it, even if indirectly would help me, I go over everything in my head if I can't get it out of my system and then I drive myself barmy icon_sad.gif

It sounds like you have them bang to rights, but that sometimes still isn't enough for people to think they are in the wrong, its a crazy world we live in, people murder people and think its ok icon_sad.gif

I suppose for us its is difficult to comprehend how such people think, to them its normal icon_rolleyes.gif

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lenox
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PostPosted: Tue Feb 19, 2013 2:20 pm    Post subject: Reply with quote

Perhaps we trust 'fellow Brits' rather too much ('Hi, can I help? I speak the lingo you know... but you want to watch out for these chaps. Very nice, of course, but a bit, you know...(Wink Wink)'.
Then on the other hand, knowing that you won't get nicked as long as you just rip off fellow foreigners, or embarrassed in front of your family - since they are not here to scold you, conning your fellow-Brit becomes an easy option and your prey, you say, is fair game...

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helliebean
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PostPosted: Thu Mar 07, 2013 11:10 am    Post subject: UPDATE Reply with quote

Well.... there's an update and you good people were helpful and kind about this so wanted to tell you....

It looks like the legal action we have taken so far has worked... they have agreed a repayment plan. I am out in a few weeks and will find out the finer detail then... It's going to take a year and a half for them to pay it off, and anything could go wrong in that time but they have signed a legal agreement to do so. It will only be the original amount and we have lost a third of the money getting to this point, but that's fine, I know when to accept what is offered.

We've just been lucky I feel and I am not 100% reassured this will work out but it's a big step because by doing this, they must be finally admitting blame, and that's the big thing for me as there have been very many chances to do so before and they were 'deny deny deny' despite irrefutable evidence. I think they were pushed into a corner because, as our solicitor said... 'it will be very difficult for them to live and work in Mojacar with this hanging over their head'. That is so true.

Early days though... I have to see that money coming into my bank account every month for quite a while now....
And maybe... just maybe... by fighting back, we will make them think twice before doing something like this with someone else.
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Adeybrown
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PostPosted: Thu Mar 07, 2013 11:58 am    Post subject: Reply with quote

I hope it goes well for you, because they are a business and have roots it is going to be tricky for them to duck and dive too much.

When I was conned for more than €4000 by the Belgian couple Wim and Marlene they simply moved on to another urbanisation. Marlenes sons claimed it wasn't their problem and continued to work locally. Both Wim and Marlene took up jobs locally and laughed off the fact that they were openly conning people. I posted on this forum and received around 6 emails from other people they had conned, some of them for more than €10,000 (poor guy from San Juan who had guaranteed a van loan at the bank for Wim).

The point I wanted to make was that they were brazen, the whole family. I mean I did feel some sympathy for the sons because they claimed it was Wim and he was their step father but after the 5th or 6th time wouldn't you say enough is enough and warn people or distance yourself. Would you stay in a house, enjoying the spoils of the con, free rent, free heating, free electricity, help yourself to furniture and electrical items?

They remained in the Mojacar area and they continued to be defended by people, they continued to con people out of life savings. The legal system was used on 4 occasions against them but because they had no money, no action could be taken.

So be warned, even if people are long term residents it doesn't mean they haven't conned people. A reputation is important to a business that relies on trust but people are hard faced.
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Que-bien
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PostPosted: Thu Mar 07, 2013 12:01 pm    Post subject: aa Reply with quote

That is brilliant news, the fact that they have admitted it would make me happy and getting the money back a bonus icon_smile.gif

Maybe I should put a little more faith in the legal system icon_rolleyes.gif or maybe
not icon_wink.gif

Nice to hear good news first thing in a morning icon_smile.gif good way to start the day.

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