spanish lawyer will not refund money

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30 Dec 2010 12:00 AM by Tiptopt Star rating. 4 posts Send private message

My mother bought a house in spain a few years back jointly with my half sister and her fella. Unbeknown to me at the time my mother paid for the house but put the deeds in my half sisters  name!! ( silly i know but she was pressured into it and told not to tell the rest of the family) Anyway the house was sold a couple of years later for almost double the purchase price due to renovation and property boom. My half sister only gave my mother a small portion of the money she had paid in. After a few slanging matches it was clear she was not going to give my mother her money back and she moved back to spain leaving my mother here with little money and no property. (my mother was 79 at the time with parkinsons) Anyway mother is now happily living with my full sister and is looked after very well.

We decided to claim through the courts to get back my mothers money employing the services of a firm in Alicante. They was very confident of the claim beig successfull as we had all the proof necessary. I expalined that i did not know the whereabouts of my sister in spain but was told not to worry as this could be found out through the courts.  As i have power of attorney for my mother i took over the claim for her. They insisted on me paying the fee up front and gave me an estimated time scale of 12 months to complete.  I wasnt happy with paying up front and we ended up agreeing that i would pay 3000euros as a deposit. After paying this fee up front and sending all relevent paperwork i had heard nothing for three months so i requested an update via email. I recieved nothing so asked again and again and again!! Evetually after a very strongly worded email i recieved an email from them saying they needed my half sisters address to proceed!!! ( after telling me they could find this through the courts ) we had no way of knowing where she lived but by chance we found it through another family member. She had now moved back to the UK. We sent this address to our solicitors in Spain to which they did nothing with it. Sice then every email i send gets no reply and every call i make the solicitor is convieniantly out of the office. I am basically being ignored by this company and the only person i can speak to is the girl that answers the phone who always tells me that the solicitor is not in the office or out of the country. I asked her on several occasions to make me an appointment to speak with the solicitor but she refuses to do this and tells me to calm down when i get angry with her!! This has been going on now for 3 years. All i want is the 3000euros back because they have done nothing at all for it.

My question is this....is there anyway that i can get my money back from this place which doesnt involve paying out any more money?  is there anywhere that i can complain to that will make a difference? Or has my mother simply been ripped off again and we just have to take it on the chin!! (not happy to do this) Anyway of naming and shaming this company?

Sorry this is a long thread but just wanted to give all the info i could. Any help or advice would be very much appreciated. Thanks





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30 Dec 2010 12:48 PM by noddy Star rating. 150 posts Send private message

ask them for a gastos deglosse 9i think thats the right name ) which is a statement of account, and i suggest you send copies to the "collegia d"abogados" (malaga) wwhich is like our Law society. It may take time. Good Luck





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30 Dec 2010 2:17 PM by Tiptopt Star rating. 4 posts Send private message

Thanks for that noddy. I will start on that today. Is Malaga the correct collegia d"abogados or is there one for Alicante where our lawyar is based??





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30 Dec 2010 2:37 PM by noddy Star rating. 150 posts Send private message

i am costa del sol, probably another address in your area. could probably google it!





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30 Dec 2010 2:43 PM by Tiptopt Star rating. 4 posts Send private message

Thanks noddy will do that.





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30 Dec 2010 2:47 PM by gillmurcia Star rating. 26 posts Send private message

Hi Tiptopt,

 

To formally complain, you have to contact the Colegio de Abogado de Alicante (Similar to our Bar Assiciation) and each region/Province has one.

Hope this helps

Gill





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30 Dec 2010 3:02 PM by Tiptopt Star rating. 4 posts Send private message

Thanks Gill,

i will get right on to it.





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13 Mar 2011 4:54 PM by kumamayo Star rating. 8 posts Send private message

I need some advice how to sue the lawyers in spain.. all spanish lawyers are corrupted. I paid my fees to this lawyer but sheis done nothing it almost 4 years, every time i request my money to be refunded. she just ignores me.. can some one help me please,,





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14 Mar 2011 10:21 PM by Faro Star rating in London. 1139 posts Send private message

you need to give some background as to why you feel the fee paid should be refunded





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16 Mar 2011 10:51 AM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

mariadecastro´s avatar

 Yes, go to the Bar Association she belongs to.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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16 Mar 2011 11:15 AM by ads Star rating. 4124 posts Send private message

What can the Bar Association do Maria?





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16 Mar 2011 11:32 AM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

mariadecastro´s avatar

 Thay can try to mediate for an out of court settlement

Best,

Maria



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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