Factura advice

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01 Nov 2012 1:49 PM by willyr Star rating in Murcia noth of Mazar.... 6 posts Send private message

I had some work done by a Spanish solicitor recently and despite asking to be kept abreast of on-going costs following a meeting with him he suddenly announced he wanted 1000euros as payment up to that point. I subsequently asked for a factura containing a breakdown of costs but he has refused to provide one and has since now stated the amount was wrong and wants 1,300euros (still no breakdown in expenditure)

Question is can I expect or demand a breakdown of costs or is he within his rights just to pluck a figure out of the air without an invoice being provided (facture)

Requested advice from two other solicitors but neither will advise only referring me to school of lawyers.

Any advice would br useful before deciding what to do next.

Willyr.





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01 Nov 2012 2:21 PM by johnzx Star rating in Spain. 5242 posts Send private message

 

The school pf lawyer 'polices' lawyers in Spain. Rather like Law Society in UK.
 
Of course you could ask the lawyer for a complaints form. That is what I would do.  Go armed with the telephone number of the POLICA LOCAL. 
If he fails to give you the forms, they are printed in Spanish and English, call the police. They should attend, fine him on the spot and close him down.
 
 

I think if you INSIST on completing the forms he will be a lot more amenable.

 

 





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01 Nov 2012 5:59 PM by eggcup Star rating. 567 posts Send private message

Hi willyr

I would definitely insist on a factura before paying; that's just normal.  It's ridiculous to expect you to pay if they can't justify what you're paying for.  Our lawyer always gives us a factura.  Of course, it can say things like '300 euros' for issuing a piece of paper to someone, but at least then you can dispute that cost. All the best.



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01 Nov 2012 6:17 PM by johnzx Star rating in Spain. 5242 posts Send private message

My son in UK is an accountant.  The solicitor he uses charges £400 and my son thinks that's great, in that he gets what he pays for.

As for a bill. Well as eggcup says,  he could charge whatever he likes, so maybe negotiating before the work would make a lot more sense.
 





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02 Nov 2012 7:27 AM by 66d35 Star rating. 243 posts Send private message

Basic common sense here. If he cannot produce an itemised factura, how can he even know himself what you supposedly "owe?

Ridiculous.

I would also demand the complaints book.

 





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02 Nov 2012 10:47 AM by competa Star rating in Scotland. 92 posts Send private message

I always ask for a quotation prior to any work taking place with expenses itemised. Also terms and conditions, as you would in the UK.  If they refuse to give this, then look elsewhere.  There is no way I would pay any monies over without an estimate and a subsequent invoice.  As is said on this thread, you don't know what you are paying for.





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02 Nov 2012 11:57 AM by johnzx Star rating in Spain. 5242 posts Send private message

An itemised bill in reality can mean nothing.
 
Some years ago I use to de handyman work. I did some work for a friend and charged her ‘mates rates.’ Some while later I heard form a mutual friend that the ‘customer’ thought I had over charged her. I made out an itemised bill which showed that I had done considerably more than I had charged her  for, which I gave here, so she could see.  
 
The bill although more or less was what I had done, but I was able to make it appear that I had done a lot more. She was embarassed and apologised.
 
Moral of the story. An itemised bill or any other kind in reality can mean nothing.
 
A fixed price before the work is done, has SOME more meaning, providing the customer understand the work required, but often in the end one gets what they pay for.
 
 As I said,  my son’s solicitor charges him £400 per hour, considerably more than some other solicitors, but my son gets the professionalism which he needs, not ‘cheap advice’.





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02 Nov 2012 12:21 PM by haydngj Star rating in ALGORFA. 403 posts Send private message

haydngj´s avatar

Very interesting this thread.

My situation is not quite the same. I employed a solicitor for a case that went to court and which was found in my favour,but as the company had gone bust the bank had prioraty on the assets leaving we poor mortals with noththing.

My question is, I have asked the solicitor for the paperwork relating to the case and an invoice for the work he has or has not done, He has ignored my requests. Is he obliged to invoice me and give me the papers to my case?

 





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02 Nov 2012 12:50 PM by johnzx Star rating in Spain. 5242 posts Send private message

UK Solicitor’s advice, winning case but losing cash.
 
Some years ago I was involved in an accident with a car which was not insured.
 
I spoke to solicitor with whom I was on friendly terms. He listened to the facts. Said that I had a good case and would win in court, but that in his opinion, in the end, it would cost me more that would be recovered.
 
He said that if I had not been a police officer he would have recommended that I take a couple of big friends and go and have a word with the other driver. That was he said the only way I would come out winning.
 
Had the solicitor not been a friend I assume we would have gone to court and the solicitor, with or without a bill, would have been the only one to win.
 
I believe the situation in Spain would be just about the same.





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02 Nov 2012 1:24 PM by willyr Star rating in Murcia noth of Mazar.... 6 posts Send private message

Thanks to everyone who has replied with advice.

At our initial meeting with the solicitor (who had been recommended by the school of lawyers), we wanted the answers to only 4 questions that we couldn’t answer ourselves, we were on a tight budget and he agreed to keep us informed of costs etc.

We provided all the documentation he required so no costs incurred, all he really had to do was send a letter and look at a set of deeds from a third party.

After 12 months we never saw a copy of the letter he said had been sent and we found out he still hadn’t seen the deeds hence the request for the facture breakdown of incurred costs. Incidently we were no further forward with the problem.

At the last meeting we all had we told him to stop and were told the total cost was 1000 euros as stated earlier.

After waiting for a couple of months for the requested facture he informed us the bill was now 1,300 euros. I smelled the proverbial rat especially as there was no mention of an VAT amount and wanted cash only.

Before I take the matter further I wanted to know if I was right in my thinking of my right to a breakdown of costs before paying or was it normal practice in Spain not to provide one.

Your replies confirmed my way of thinking so will progress this as a complaint unless he complies.

Thanks again

willyr





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02 Nov 2012 1:36 PM by elaineG Star rating in Spain . 409 posts Send private message

Willy, maybe you missed johnzx post 

It was:-  

"    The school of lawyer 'police' lawyers in Spain, Is rather like Law Society in UK.  (Appointed and finanaced by lawyers to help lawyers).
 
Of course you could ask the lawyer for a complaints form. That is what I would do.  Go armed with the telephone number of the POLICA LOCAL.

If he fails to give you the forms, they are printed in Spanish and English, call the police. They should attend, fine him on the spot and close him down.
  
I think if you INSIST on completing the forms he will be a lot more amenable.  "
 
 
 
I suggest you do as john says, ask for the complaints forms and let us know how you get on.





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02 Nov 2012 1:40 PM by willyr Star rating in Murcia noth of Mazar.... 6 posts Send private message

Thanks ElaineG,

Will do as JohnZX recommends and keep you informed.

Willyr





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