Help re. Spanish Property tax demand for property which isn't mine!!

fierydormouse

Many thanks for the opinions everyone. It seems most people are as baffled as me!

I really don't see how I could be a guarantor without any knowledge of it. Besides, my parents really wouldn't (and I think, probably couldn't) have done that without telling me. But anyway, why weren't they contacted? They didn't just abscond - they left a forwarding address!

Had I inherited anything from my father I could see I might be liable - but obviously this isn't the case as I saw him 2 days ago alive and kicking!

Really I am just going around in circles!

I am going to try and investigate who owns the flats now (many thanks for the tip for where to start with that poolboy) and then have decided to seek legal advice asap.

Thanks everyone. xx

missile

fierydormouse wrote: »

Besides, my parents really wouldn't (and I think, probably couldn't) have done that without telling me. But anyway, why weren't they contacted? They didn't just abscond - they left a forwarding address!

I am not trying to have a go at you or your parents.

I would suggest that if your parents could not keep up the payments on a UK mortgage, they would speak to the provider and try to reach agreement for a repossession. It seems they did not do this in spain, why not?

a forwarding address was left with the Spanish property management company.

is not the same thing.

FYI: Many property management companies are run by Brits who have little experience and zero qualifications and many of those have ceased trading. I know of one where the Brit owners did a runner with other Brits money.

MobileSaver

missile wrote: »

I would suggest that if your parents could not keep up the payments on a UK mortgage, they would speak to the provider and try to reach agreement for a repossession. It seems they did not do this in spain, why not?

This is irrelevant, nothing to do with you or the OP and is just clouding the issue.

The OP needs to ask the Spanish council on what basis they believe she is liable for this debt. Depending on the answer she may or may not need legal advice from a Spanish law specialist.

missile

MobileSaver wrote: »

This is irrelevant, nothing to do with you or the OP and is just clouding the issue..

You are entitled to your opinion and I would defend your right to express it ............ even when you are wrong :rotfl:

MobileSaver

missile wrote: »

You are entitled to your opinion and I would defend your right to express it ............ even when you are wrong

I'm always happy to be corrected if someone is more knowledgeable than I am.

Can you share/link the basis on which you believe a daughter would be liable for her father's debt under the circumstances described by the OP?

missile

In my opinion, this is relevant

Originally Posted by missile
I would suggest that if your parents could not keep up the payments on a UK mortgage, they would speak to the provider and try to reach agreement for a repossession. It seems they did not do this in spain, why not?

If OP's parents had done as I suggest, then she would not be in this situation.

I do have some knowledge of how things work in spain and hope my comments add some value to the discussion.

What knowledge do you have? What value do you think your comments add to the discussion?

dexter_fan

sorry if it's not ethical to plug other forums, but www.eyeonspain.com might be useful to you. there are spanish lawyers who contribute, including Maria, who may be able to give you some direction.

DF

MobileSaver

missile wrote: »

If OP's parents had done as I suggest, then she would not be in this situation.

I do have some knowledge of how things work in spain and hope my comments add some value to the discussion.

I have enough knowledge of the law to know that the OP is not responsible for this debt based on the information given. If your knowledge of Spanish law contradicts this then please do share with everyone.

Asking why a third party did not contact the authorities ten years ago is irrelevant and does not help the OP.

I can fully understand from your posts that Brits running away from Spanish debts is a bug-bear of yours (and rightly so) but the OP has not done this and it is not for her to justify or explain what someone else did without her knowledge 10 yrs ago.

N79

MobileSaver wrote: »

I have enough knowledge of the law to know that the OP is not responsible for this debt based on the information given. If your knowledge of Spanish law contradicts this then please do share with everyone.

Asking why a third party did not contact the authorities ten years ago is irrelevant and does not help the OP.

I can fully understand from your posts that Brits running away from Spanish debts is a bug-bear of yours (and rightly so) but the OP has not done this and it is not for her to justify or explain what someone else did without her knowledge 10 yrs ago.

I don't believe that the OP has enough information to dismiss this. It could be a mountain or a mole-hill.

If a Spanish court has awarded a judgment against the OP (irrespective of whether or not that judgment has been erroneously awarded) then the OP is currently liable for the debt.

The OP needs to understand the current legal status of this debt and whether it is merely erroneous demand from a local authority or whether a court judgment has already been secured. Obviously if this is just a scatter shot demand for money then the OP's proposed letter is fine (although if communicating with a Spanish authority it should be sent in Spanish as they are under no generic legal obligation to take regard of communications in any other language).

If a court judgment has been obtained then the advice of a Spanish Lawyer is a must in order to find out the exact status of this debt, the judgment and how (if you can) to appeal. If the OP is worried about finding an English speaking Spanish lawyer then they can approach the British Embassy in Spain who will be able to supply them with some contact names. If this debt has been to a court which has made a mistake by issuing proceedings against the wrong person then I'm afraid the OP will need to put some effort into proving that they do not hold the debt.

If a Spanish court has issued a judgment then this can (with some necessary legal footwork) be enforced in the UK against the OP's assets in the UK, including their house. So it would seem wise to understand the nature of this claim and the legal status of the debt as soon as possible.

MobileSaver

N79 wrote: »

If a Spanish court has awarded a judgment against the OP (irrespective of whether or not that judgment has been erroneously awarded) then the OP is currently liable for the debt.

Agreed; my first post on the topic was:

MobileSaver wrote: »

The OP needs to ask the Spanish council on what basis they believe she is liable for this debt. Depending on the answer she may or may not need legal advice from a Spanish law specialist.