27 May 2012 16:41:

Ads - I reckon that's very wishful thinking.  Not intending to insult anyone, but it is a fact that in Spain there is generally a far lower level of ethics and this probably won't change until there is a meaningful consumer legislation and their legal system has some teeth.

In the case I related earlier, the tax level changed for non residents a year or so after the sale completed so that the Spanish government could not discriminate against non-residents for CGT.  This meant that I should be due a tax rebate.  But my solicitor had lied at the Notary and without my knowledge agreed a reduced sale price for the future benefit of the Spanish purchaser.  So it meant that she had thrown away the right I had to claim a refund.  I had a meeting with her subsequently to discuss this and another matter (where she also screwed up) but didn't even receive an apology, just a few very galling platitudes.

The meeting ended a bit unpleasantly so I wrote to her to record my views.  But surprisingly had a letter back from her  when I realised that I was wasting my time.  She did not understand the basic concept that a solicitor is required to follow a client's instructions and not, as he had, leave me open to questionable dealings, which also turned out to cause me a substantial financial loss.

This same female that purported to be a solicitor but was in fact unqualified screwed up on another simple case and cost me something in the region of a total of 10,000 euros.  But the really sad thing is that she is far from alone - this attitude is rife. 

It was good to see some recommendations, which I'm sure will be a good starting point.  But after my experience I will always in future keep a far tighter on a solicitor I employ, check that they are qualified, put everything in writing (a practice that doesn't seem to happen much in Spain) and NEVER under any circumstances give them a POA.

View thread...

--------------------------------------

22 May 2012 20:07:

I had a similar experience Alant.  I was recommended to a local solicitor who undertook the legals involved in selling a property - unfortunately when the visit to the notary took place I had to be in the UK, so she attended on my behalf and I discovered subsequently that there she had fiddled the figures to put the purchaser in a better position on future CGT.  Her arrogant defence was that "this was the way that things were done in Spain" - she couldn't understand the ramifications of what she'd done.

When I tried to report her to the Spanish equivalent of the Law Society I discovered she wasn't actually a solicitor (!) - even though she was the principal of the solicitors practice.  But they weren't vaguely interested in taking any action, which is probably the nub of the problem.

 

This message was last edited by acer on 22/05/2012.

View thread...

--------------------------------------

20 May 2012 13:01:

Hi Ester,

With respect, your approach may be wrong.   In simple terms, your home insurance covers your property - your neighbour should claim on their insurance.  You seem to be assuming that the public liability section of your policy should kick-in and your insurers should automatically pay the bill.  It doesn't work like that.

As in most things in Spain there are some curious practices, so you may be successful, but I doubt it.  Your neighbour should claim off their policy and not involve you or your insurers.

I don't know the full details, but as a general legal principle you are unlikely to be held liable for the incident outlined either in UK or Spain.   So from Groupama's point of view why should they pay for something for which you are not liable ?  Clearly they have misled you and their communication skills are lacking, but that's just the Spanish way.

 

View thread...

--------------------------------------

20 May 2012 11:21:

David,

It's not good to over pigeon hole people.  I've noticed that you seem to have a bee in your bonnet about "moaning Brits"...does that make you an Aussie with a chip on your shoulder ?  Surely not ! 

I've also lived Dubai.  In my time there would be no way that a couple of Brits would be deported for the behiour you outlined.  Brits were respected more than any other nationals, to the point that it was almost embarrassing.  Times may have changed but I suspect this was an isolated incident that you are using, possibly embellishing, or perhaps there was more to this story you have used to make your point.

But in the UK we have amazing freedoms, compared to other nations.  I really like and admire the USA but you still have to bite your tongue when there - they may see themselves as "leaders of the free world", but their freedom has considerably more provisos than ours - forget it at your peril.

So we speak our minds, often making comments spontaneously because we know that in our home country we can largely do so without facing any retribution.  Yes there are a few that over indulge, but don't knock it, this is the closest to a real democracy as you're ever likely to see.

View thread...

--------------------------------------

16 May 2012 16:10:

Hi Steone,

Thanks for yours, but I think we are on different sides of the fence.  I despise RyanAir and their loathsome culture and would like to think that the Spanish authorities are not too enamoured with them either.  But the Spanish are clearly desperate to balance their books, so it may just be true.  Sad if that's the case - I like St Javier, the staff there are amazingly helpful and friendly.  Most unlike the RyanAir culture.

View thread...

--------------------------------------