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When is a Solicitor not a Solicitor?

A general discussion about community fees and legal issues.

Welbeck Law LLP's War on Rogue Debt Collectors
Tuesday, March 26, 2013

I am a solicitor of the Supreme Court in England and Wales and one of the areas in which I specialise, is insolvency law.

I act for liquidators and my work regularly involves investigating the reason for a company's failure. The investigation also revolves around tracing missing company monies and then bringing claims against the former directors where they have misappropriated funds.

I grew up in Spain and have always loved the life style on the Iberian Peninsula and over the years I have met several Spanish abogados. I was asked by a couple of abogados last year if I could help collect in community fees and over the last year our community fee debt collection service has mushroomed and we now act for communities up and down the coast.

Notwithstanding my experience of dealing with several colourful directors, I was surprised when I was approached to act for a community (and several since) who had previously used the 'services' of a debt collection firm based in the North of England.

Because of client confidentiality and our continuing investigations we cannot divulge the details of our community clients nor the specific details and particulars of the complaints made.

I can however list the nature of the complaints which are as follows:-

  • a failure to fully account for debts collected;
  • a failure to account for court fees paid by the community;
  • wrongfully misleading clients into believing that monies had been collected when no such collections had taken place;
  • informing clients that monies collected were being sent by electronic transfer but no such funds materialising;
  • informing clients that hearings were due to take place even though no actual court application had been issued.
  • failing to turn up to a hearing or arranging for representation.

As one might expect the above actions have caused a great deal of stress to the communities involved not least because thay have been cash starved of community payments and hence the reason for using the debt collector concerned in the first place.

My firm is representing several communities with a view to commencing legal proceedings. If you or a community has suffered losses from using a debt collection firm in England, please contact me or one of my colleagues in confidence. Email us at info@welbecklawllp.co.uk or call 952 468967 or 0044 (0) 207 467 3999



Like 0        Published at 8:38 PM   Comments (8)


What to expect from your community administrator and solicitor?
Tuesday, March 26, 2013

COMMUNITY FEES-WHAT SHOULD A COMMUNITY EXPECT FROM THEIR ADMINISITRADOR? 

This a popular question asked by many Community Presidents and their property owning members writes Tom Parkinson of Jacksons Administradores SL.
 
The recurring reason for this is mainly due a lack of transparency in the Administrator’s operation or simply down to some administrators not providing the service expected of them.
 
There is also a difference of opinion in interpretation as to the ambit and extent of the Administrator’s role. For example should he provide basic accounting services including service charge invoicing? Should he be responsible for instructing and liaising with solicitors instructed to pursue non–payers?  Some administrators have  a comprehensive, ‘hands on role’ which is the style usually found in North European practices.
 
As a President you should also insist on a detailed appointment or engagement letter listing the Administrator’s services which will be provided. This document should include details of the Administrator’s fees and disbursements prior to seeking the member’s approval for his appointment.
The type of service we offer in our engagement letters includes: full accounts procedures, service charge invoicing and collection in the most cost effective manner, monthly debtor and creditor reporting, quarterly management accounts with annual audited accounts.
 
We also offer monthly visits to the Community to inspect and draft maintenance schedules with budget costings and the financial timing projections for the works. We also make ourselves available once a month at the Community’s premises to enable members to discuss in private with the Community board their questions. In addition we have monthly meetings with the Community board to discuss all matters arising from the Community with regard to both financial and operating issues.
 
Finally a Community website can be useful. It can provide access for all Community members which will act as a multi-lingual information centre, providing members with an immediate source of historical data with regard to meeting minutes, orders of the day with details of forthcoming meeting dates and agendas. In addition the website can include the Community’s financial information with periodic updates and a news section for current issues.
 
The positive effect of a website can be seen quickly with members who do not live full time in the Community. It will enable them to establish the facts first hand while at their other home. They will also have notice of forthcoming official meetings which gives them the opportunity to vote by proxy. Full time members benefit from the same transparency and all members are able to communicate quickly with their board. The site also serves as a medium to bring Community members together which in turn leads to less disputes and a better Community payment record, with both on-line Visa /MasterCard and PayPal payment facilities.
 
Put shortly many property buyers in Spain do not appreciate some of the pitfalls of property ownership in Spain or how European legislation can help keep your community cash flow running smoothly. 
 
 For one day only Tom Jackson of Jacksons Administradores S.L. www.jacksons-group.com) and Solicitor Jeremy Boyle of Welbeck Law LLP (www.welbecklawllp.co.uk) will be delivering a seminar at Hotel IPV Beatriz Palace at 12 pm on 4th April 2013.
 
If you are a President or Vice President or if you are on the Community Board please call 952 468967 or email info@welbecklawllp.co.uk to reserve your free space. Please note that due to popular demand places are limited and are offered free of charge but on a first come first served basis.  
 
Venue: Hotel IPV Beatriz Palace.
Ctra. A7. Km. 207
29640 Fuengirola
Málaga -Costa del Sol
Andalucía - España
tel: 952 92 20 00
web:
www.hotelesipv.com
 


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