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20 Oct 2011 12:00 AM by AndaluciaSteve Star rating. 2 posts Send private message

 It's now over a year since I missed my third payment in a row and to cut a long story short my house was supposed to be auctioned online in July 2011.

 
Come the day the auction was suspended. I phoned my bank manager and he said he didn't know why. I phoned the CAM HQ and they said it was nothing to do with them. I phoned the court and nobody could help me, though someone did say the bank was under no obligation to give a reason to cancel the auction and they could rearrange another one at any time which would make me responsible for another set of court costs. (Last week I received  a couple of slips from the bank that suggest interest is still being added to the amount owing.)
 
I then sent a Burofax to the bank manager asking him why the auction was cancelled and whether the bank was going to take ownership of the house. He refused to accept the Burofax. (I've previously sent two official letters of complaint about him to the CAM HQ neither of which I have received replies to)
 
I read elsewhere on this site that I can't approach the  bank´s client defender or the Bank of Spain because the case is subject to a judicial affair.
 
I'm living hand to mouth and don't have any cash to throw at getting a lawyer, so can anyone suggest anything I can do to stop the bank racking up more debt against me?




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20 Oct 2011 4:30 PM by joanmalaga Star rating in Costa del Sol. 419 posts Send private message

If the bank took you to court you should have had the option of a free solicitor. Did you not take this? Why?

Without a solicitor there is not much you can do at all, a solicitor could even get the case thrown out for stuff like this, did you even receive a copy of the law suit?

It sounds to me like you need to do something quick.

Joan

 





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20 Oct 2011 4:44 PM by AndaluciaSteve Star rating. 2 posts Send private message

Hi Joan. I thought about 'legal aid' too so I applied.

I should explain that the respossion took place in Murcia but I now live in Andalucia. I applied in both provinces for an 'abogado de oficio' through the respective websites and received nothing back from either. 

The paperwork regarding the case was sent to me through the post with the details of the auction. 

What is most frustrating is that the bank manager demanded the keys back from myself and all the estate agents who had copies.

His reason for this was that things had gone missing from the house (I'd sold furniture etc) that was making it increasingly hard for him to find a buyer. But even though he now has the keys the bank doesn't seem to have officially assumed ownership and there doesn't seem to be any way to force them to do that and draw a line under the debt. 





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20 Oct 2011 5:37 PM by joanmalaga Star rating in Costa del Sol. 419 posts Send private message

Sounding very dodge if you ask me, i really would contact a solicitor.

If you applied for a abogado de oficio they are forced to reply, they cant just ignore it, from the sound of things you could get the whole thing thrown out of court!

Joan





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