All EOS blogs All Spain blogs  Start your own blog Start your own blog 

When is a Solicitor not a Solicitor?

A general discussion about community fees and legal issues.

Why pay for your Neighbours Community Fees?
Wednesday, May 23, 2012

 

Specialist debt collection law firm, Welbeck Law LLP, based in London, has launched a specialist debt collection service to trace non paying community fee debtors.
 
"As a consequence of changes in European legislation it's now possible for Communities to pursue UK based residents for Community fees", explains founding partner, Jeremy Boyle.
 
Jeremy says "My parents emigrated to Spain in the 1970's. In those days Europe was a very large continent. However now even if the claimant Community is based in Spain we can sue the UK resident whether they are in England, Wales, Scotland or Ireland. You can run but you cannot hide!".
 
In Spain many litigants complain about the time it takes a Community of owners to secure a judgment against the non paying resident.
 
"I have heard that the Spanish Courts have back logs of thousands of cases which cannot have been helped by the austerity measures and that it can take over a year apparently to obtain a judgment. In the UK however the procedure we use is much faster and an Order can usually be obtained within 30 to 60 days of lodgement of the court papers."
 
One further frustration experienced by Abogados and the Administradores de Fincas in Spain is that even when they have a judgment, they cannot enforce it because the non paying debtor is in the UK and the Communities do not have the debtor's UK address.
 
"That is not a major problem in the UK jurisdiction", opines Jeremy Boyle. "We work with professional and fully licensed expert tracing agents who use modern technology to track down errant debtors. We had one case recently where the Community had almost given up trying to trace the debtor. The community administrator and their Abogado were thrilled when the debtor was traced to Birmingham and an offer to repay the €6829 soon followed. I also think it helps that my firm is based in London and the debtors then realise that there is no where left to hide".
 
The beauty is that you do not have to go through the Spanish legal system. If the debtor is resident in the UK he can be pursued through the UK courts which are much faster.
 
"It has always struck me as being fundamentally unfair that the neighbour who diligently pays their community fees on time and has budgeted their money wisely has to pay a higher amount because the UK resident is not paying their fair share", adds Jeremy.
 
Today you can do something about the non paying debtors: bring this article to your President's attention and contact Jeremy Boyle at Welbeck Law LLP whose contact details are: jb@welbecklawllp.co.uk or visit www.welbectlawllp.co.uk Tel. +44 (0) 207467 3999. Welbeck Law LLP is authorised and regulared by the Solicitors Regulation Authority.


Like 0        Published at 7:11 PM   Comments (2)


"When is a Solicitor not a Solicitor?"
Wednesday, May 23, 2012

 

 

 

 This is a topical issue and the SRA themselves have warned about bogus firms of solicitors setting up.
 
They have also warned that law firms could be held liable for losses caused by a fraudster stealing their identity, even when they are innocent victims.  
 
The legal profession in England & Wales is governed by the Solicitors Regulation Authority (SRA) who are primarily responsible for monitoring the conduct of solicitors.
 
Before I discuss in detail some of the checks you should include in your investigations, let's look at some terminology.
 
An ‘Abagado’ is a Spanish lawyer and the term derives from the Latin advocatus but unless they have sat various transfer exams they are not entitled to practise as solicitors in the courts of England and Wales.
 
Barristers’ specialise in courtroom advocacy, draft legal pleadings and give expert legal opinions.
 
Debt Collection Agency’ Usually not run by solicitors but usually licensed by the Office of Fair Trading. They can chase debtors but are not permitted to conduct litigation in the English courts.
 
Lawyer’ is a blanket term to describe abogado, solicitor, or barrister.
 
A ‘Solicitor’  is a lawyer who traditionally deals with any legal matter including conducting proceedings in courts. Since the replacement of the House of Lords with the Supreme Court the full title of a solicitor is now "Solicitor of the Senior Courts of England and Wales".
 
Summary Tips:-
 
-Ask for the Solicitor's roll number. This is given to each solicitor and is an individual number and if in doubt contact the Law Society or the SRA.
 
-Ask to see the individual's Practising Certificate.
 
-Log on to the Law Society website and use there search engine "Find a Solicitor" which enables you to search against a name of the individual claiming to be a solicitor or the firm name.
 
-If the name does not appear, call the Law Society or SRA and ask to speak to the records department.
 
Jeremy Andrew Boyle (Roll number 159785) is a Solicitor of the Supreme Court of England & Wales and the founding partner of Welbeck Law LLP (SRA number 486396) www.welbecklawllp.co.uk
 

 

 
 
 


Like 0        Published at 6:43 PM   Comments (1)


Spam post or Abuse? Please let us know




This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x