old Spanish Community charge debt being chased by Eurofees

[sawbo68]

I wanted to ask if anyone could give me some advise on unpaid Spanish Community charge debts.

 

We handed in our keys back to the bank in Spain 2007

and we understand the bank did not repossess the property until 2009.

 

We purchased the property in 2005 and paid some of the community fees

but the amount they are saying is well over what they are saying.

 

 

The Uk debt collector contacted me last year and I disputed the amount

but I have received another letter today saying we are still liable as the property was not repossessed until 2009

we are still liable for the unpaid community charges from 2005-2007.

 

 

We have not received yet any official Spanish court information for the unpaid community charge

or any letters from a UK court.

 

 

Does any one know if they can take UK proceedings against us as

we have not got this amount of money to pay this amount

and are also disputing the amount as well.

 

 

If any one has any advice please could you reply

[dx100uk]

ignore totally

 

 

they would need to take UK court action

and they cant do that anyway

 

 

purely out to fleece you.

 

 

it a dca

 

 

and as with all DCA's they are totally powerless

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?364378-HELP-!comunity-fees-from-spain-being-chased-by-european-community-fees-.com-in-UK

[sawbo68]

Hi Thank you for your email

I have received another email from them this morning

 

stating they are going to start legal proceedings and they will put all ther costs on the the 4,900 euros and apply for a European Payment order.

 

I have spoken to a Spanish solictor and they are going to look into it but said they can apply for a EPO order

 

 

I wanted to know if anyone else had been chased for a old community charge debt and if we can dipute the amount oweing etc

as if they did get a epo order

would it have to go the uk courts

and could we dispute the amount

and pay in instalments if they did get the order

 

 

as we have not got this amount of money to and Spain has been a omplete disaster for u

s as we have lost all our money from the money we put into the Spanish home and it has been a complete disaster.

[unclebulgaria67]

If you have not got the money, then let them go to a UK court, where you will dispute it and if they prove an amount is owed you can negotiate to pay affordable instalments overs a period of time.

 

Because you are not in Spain, they would have to use UK courts, because that is where you are resident. This being the case, you always have chance to defend. Might be wise to start writing down any issues you had in regard to the community facilities in Spain and any complaints you made at the time. Then you are ready, if they did issue any court claim.

 

Don"t believe all you read online. Some of the stuff you read on these community fee debt collectors sites, is not fully complete i.e it makes it sound easy for them to enforce. It depends in individual circumstances, as there may be issues justifying as to why fees were not paid.

[dx100uk]

bet the email does not say WILL anywhere

may might could instruct

 

 

willy waving to spoof you

 

 

dx

[unclebulgaria67]

Not talking about the company chasing this, but the last time i looked at this, there were such companies making fantasy claims about their services. There were reports online of communities not receiving money they were supposed to be chasing. Also there were cases of misleading information about liability for the community fees where properties were repossessed by Banks.

 

As with many debt collection activities we see reported on CAG, some of what they may say will be intended to deceive people.

[sawbo68]

Hi Thank you for your replys I will wait an see what happens and if we receive intending court action from a UK court

 

also with regards if they sent baliffs or sheriffs to collect the debt

would this have to go through the UK courts 1st

 

 

and would we receive courts payments first etc

 

 

so we can dispute the debt if they did go down that route for a ccj etc

[dx100uk]

of course it would

your falling for their willy waving

 

 

can you post up the emails suitably redacted?

 

 

if you do get any doorsteppers

they are no bailiffs

and you tell them to leave

or you call the police

 

 

have never had dca letters before for other debts

so your not used to them>?

 

 

dx

[havinastella]

Just because they repossessed in 2009. your last payment was still in 2007. So Statue Barred also a defence to think about.

[sawbo68]

I have not really had any previous debts like this as usually sort out with a repayment plan

so I just wanted wanted to clarify the position with baliffs etc

 

 

as what I think should happen they should go to court first and only after a order they can send in baliffs etc.

 

 

Also with regards statue barred I am not too sure if Spain follow the same principle as us or not.

 

I will keep you posted to see what happens if we do recive court proceedings etc

[dx100uk]

can we see the emails?

 

 

dx

[sawbo68]

I have received an email from Diego authorising legal proceedings.

 

Your file will now be prepared and referred to our solicitors, Bailoran, to commence proceedings.

 

Please be aware that legal/solicitors fees and court costs will be applied to the balance and be recovered via the European Payment Order that we will apply to the court for.

 

At this late stage payment in full of the outstanding debt, €4971.36, is required to prevent this course of action.

 

 

We have been instructed by our client RIVE0016 in relation to your outstanding balance.

 

We are a debt collection agency and our appointment is an indication of the seriousness of this matter.

 

Please contact our office urgently to discuss the payment of this account within 7 days from the date of this letter.

 

 

We are happy to communicate via telephone, email, letter or SMS should you have a preference.

 

If for any reason you feel you do not owe this debt or any information we hold is incorrect,

you must let us know immediately to avoid inappropriate action being taken against you.

 

We look forward to hearing from you within the next 7 days.

 

If you have any queries, please get in touch.

 

I spoke to on 20/10/2014 who advised that the keys were returned to the bank and the property was repossessed in 2007,

the email you have now sent states repossession took place in 2009.

 

I asked for any documentation to support the repossession in 2007 so I could ask the administrators to investigate this further

but unfortunately advised that she didn’t have any paperwork to support this claim.

 

The administrators have investigated the matter fully with both the bank and the notary in Spain

and are satisfied that the actual repossession was in 2011 and as such the bank have paid the community for their liability.

 

The remaining debt stands at €4971.36 and remains your liability which is why you are still receiving contact.

 

I will liaise with our client to confirm if they are happy to progress this to a legal claim against you

as I can see no further way forward with you claiming the money is not owed and our client advising that it is your liability.

 

These are a couple of the emails I received from them I did liaise with them last year

and disputed the debt we handed our keys back in 2007

and the bank have never sent any paper work or repossession letters

as we returned to the Uk and have not received any thing form the bank

 

 

only from the Uk debts collectors acting on behalf of Murex the community charge company,

and I assumed the property had been repossessed around this date

so I am not clear why they are saying I said 2009

 

 

they are saying the bank did not repossess until 2011 which is quite along time to leave until repossession.

 

 

I suppose it is a waiting game to see if they get back incontact with legal proceedings.

[dx100uk]

theres that word - instructed

 

 

willy waving - ignore everything

until/unless you receive a claimform.

 

 

your problem is you responded

 

 

they then saw you were a mug awaiting to be fleeced

 

 

then you came here and found out the truth.

 

 

dx

[unclebulgaria67]

Almost certainly statute barred under either UK or Spanish law, so not enforceable in a UK court.

 

If you want to respond, say the matter is subject to statute of limitations laws and you will not be entering into any further communications. Keep it short and sweet.

[p11cne]

Hi

 

Please can some one tell me, if i can pay my outstanding amount direct to the community fee organisers bring my account up to date and ignore the fees that eurofees have added and if they contact me i can say i am sorry i do not know of you and my debit has been paid with the community directly and that i have no contract with them as such owe them no money.

 

I am in great stress over this any reply would be greatly appreciated

 

Thanks

[dx100uk]

Hi

 

Please can some one tell me, if i can pay my outstanding amount direct to the community fee organisers bring my account up to date and ignore the fees that eurofees have added and if they contact me i can say i am sorry i do not know of you and my debit has been paid with the community directly and that i have no contract with them as such owe them no money.

 

I am in great stress over this any reply would be greatly appreciated

 

Thanks

 

 

might be best you start a new thread

of your own.

this threads a bit old you wont get seen.

 

 

dx

[unclebulgaria67]

As advised better to start your own thread explaining more.

 

But you never have to pay any debt collection agency if they don't own the debt. If you want to settle a debt with creditors directly, you can do so.

 

I think you really need to research about these community fees. Sometimes people find that they don't actually owe these.