27 Apr 2025 8:17 PM:
Yes, your wife can accompany you to Spain without affecting your 90-day allowance, provided she holds a valid UK passport. As your spouse, she benefits from the EU's freedom of movement rights. This means she can travel with you within the Schengen Area for up to 90 days in any 180-day period without the days counting against her own allowance.
However, it's important to note that this exemption applies only when she is traveling with you. If she travels independently, she would be subject to the standard 90/180 rule applicable to UK passport holders post-Brexit.
To ensure smooth travel, it's advisable to carry documentation proving your relationship, such as a marriage certificate, especially if your wife doesn't have an EU family member residence card. While not always required, having this documentation can help clarify her status if questioned by border authorities
If you plan to stay in Spain for longer than 90 days, your wife would need to apply for a residence card as a family member of an EU citizen. This application should be submitted within three months of your arrival in Spain. Once issued, this card allows her to reside in Spain legally and facilitates travel within the EU.
For more detailed information on the application process and requirements, you can refer to the Spanish government's official guidelines on registering non-EU family members of EU citizens.
If you have further questions or need assistance with the application process, feel free to ask.
Thread: Query on the 90 day rule
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27 Apr 2025 8:15 PM:
Sue7: Could you clarify if your situation is that you still don’t have the Licencia de Primera Ocupación (First Occupation License)? How long has it been since the property was completed, and have you made any formal claims or complaints regarding this issue?
Thread: occupation licence
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27 Apr 2025 8:13 PM:
In Spain, community fees are typically agreed upon during the Annual General Meeting (AGM) and are usually set for the year. However, whether an increase in community fees can be backdated depends on the specific decisions made during the AGM and what is outlined in the community’s statutes (reglamento de régimen interno) or any prior agreements.
Here’s how to address your situation:
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AGM Decision: If the increase in community fees was agreed upon during the AGM in April, this would usually apply moving forward from the date it was approved. The increase is not automatically backdated unless explicitly mentioned in the minutes or formally agreed by the community members. If the minutes don’t reference a backdating clause, then the increase would generally apply from the date of the AGM onward.
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Review the Statutes: You should check the community's statutes or internal regulations. These documents often define how changes to fees are handled, including whether increases can be applied retroactively. If the statutes don't specify that fee increases can be backdated, it’s likely that the increase should only apply from the AGM date.
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Confirmation in the Minutes: If the minutes do not mention backdating, and the fee increase was voted on and agreed after the start of the year, the community may not legally charge the increased fee for the first quarter or any prior months unless there was a specific provision allowing for backdating, or the community agreed to this separately.
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Consult with the Administrator: Given the complexity and the potential for confusion with the bank account change, it would be best to contact the community administrator to clarify whether the increase is being applied retroactively and why. They should be able to explain whether the backdating is justified or whether it was a mistake.
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Legal Advice: If you feel that the fee increase should not be applied retroactively, and the administrator or community is insistent on this, it might be worth consulting with a lawyer who specializes in community property law to confirm your rights in this situation.
In summary, unless explicitly stated in the minutes or agreed upon in the AGM, the fee increase should not be backdated to the beginning of the year. You’re right to look carefully through the minutes, and if you can't find any mention of it, it's likely the increase is not applicable before the AGM date.
Thread: Community fee increase
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27 Apr 2025 8:11 PM:
Yes, you may indeed be eligible to reclaim set-up costs or mis-sold insurance related to pre-2017 mortgages, especially if you were sold products like mortgage set-up fees, life insurance, or payment protection insurance (PPI) that were misrepresented or improperly sold.
Here’s a general overview of how it works:
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Mortgage Set-Up Fees: If you were charged excessive fees to arrange your mortgage, or if those fees were not properly explained, you might be able to claim them back. Some mortgage providers charged administration or arrangement fees that were deemed to be unfair, and the courts have ruled that some of these fees were mischarged.
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Mis-sold Mortgage Insurance (PPI or similar): If you were sold payment protection insurance (PPI) or other types of insurance (such as life insurance) that was not suitable for your needs, or if it was misrepresented to you (e.g., being told that it was mandatory when it wasn't), you might be entitled to a refund.
In addition to these, you should also check whether your mortgage includes a "cláusula suelo" (floor clause), which is a clause that sets a minimum interest rate that your mortgage could not fall below. Many mortgages with this clause were ruled unfair, and you may be entitled to a refund of the extra payments made as a result of this clause.
Also, consider reviewing if you paid for additional costs related to the mortgage that should have been covered by the bank, such as:
These costs were often incorrectly passed onto the borrower, but Spanish courts have ruled that they should have been paid by the bank in many cases. You may be able to reclaim these fees if they were incorrectly charged.
Here’s what you can do:
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Check Your Mortgage Documents: Review your mortgage agreement and related documents to see if there are any questionable fees or insurance policies that you did not agree to or that were not clearly explained.
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Contact Your Lender: Reach out to your mortgage lender or insurance provider. Many lenders have dedicated teams that handle complaints about mis-sold products and overcharged fees. You can submit a formal complaint, explaining your situation and asking for a refund.
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Use a Claims Management Company: If you’re unsure about handling it on your own, there are firms that specialize in helping people reclaim mis-sold insurance or excessive fees. They can help you assess your eligibility and guide you through the claims process.
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Check for Time Limits: There may be time limits for making a claim, but since you mentioned a pre-2017 mortgage, it's possible that some of these claims are still valid. However, it’s important to act quickly to ensure you don't miss any deadlines.
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Seek Legal Advice: If you need further help, consulting with a legal advisor who specializes in consumer rights or financial claims can provide you with more tailored advice based on your situation.
If you've seen similar cases in online communities, that’s a good sign that many others have successfully reclaimed funds. Make sure to follow through with your claim if you believe you're eligible.
Let me know if you'd like further guidance!
Thread: Reclaiming set-up costs of Spanish mortgages
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27 Apr 2025 8:08 PM:
In this case, it seems like the €3,000 was retained as part of the standard procedure during the sale of the property, which is common when dealing with Spanish property sales. The Spanish authorities hold this amount to cover any potential capital gains tax, but since you made no profit and essentially broke even, the amount should be refunded to you.
Here are the steps you should take to recover the €3,000:
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Confirm the Situation with the Spanish Tax Authorities: If you haven’t done so already, confirm with the Spanish Tax Authorities (Agencia Tributaria) that the €3,000 was withheld correctly and that you are entitled to a refund due to the lack of capital gains. Ensure they have processed the return and confirmed the refund.
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Request the Refund in Writing from Your Solicitors: Draft a formal letter to the solicitors, requesting the return of the €3,000 that was held during the sale. Be clear about the fact that no profit was made on the property and that you are entitled to a refund. Mention that you have already received the tax return from the authorities, which indicates no capital gains. Send this letter by registered post and keep a copy for your records.
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Follow Up Persistently: If you do not get a response, follow up regularly. Keep all correspondence and document your efforts to contact them.
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Contact the Spanish Bar Association (Colegio de Abogados): If the solicitors are unresponsive, you can contact the local Bar Association in Spain where they are registered. They can investigate the issue and may be able to assist in resolving the matter.
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Consider Legal Action: If the solicitors continue to refuse or ignore your requests, you may need to seek legal action. Consult with another Spanish lawyer who specializes in property law and recovery of funds. They can guide you through the process of recovering the €3,000.
Solicitors are legally obligated to return any funds that are not required for the sale or taxes, so you should be entitled to this refund. If they are not responding, taking these steps will help ensure that you get your money back.
Thread: Sold a Property now where's our money?
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