Landlords and deposits, Spanish style. Can anyone help?

gkr666

Hello all!

I really don't know if this is the right place to post this, or if anyone will be able to help but I thought I would give it a go.

Here's the story:

My partner and I and our dog moved to Spain last year. Not sure how long for but we thought we'd give it a go. We're back in sunny Scotland for the summer now. We rented an apartment through spotahome.com in Barcelona in March for three months. Spotahome take a fee and the first month's rent which they release to the landlord 12 hours after check in, providing everything is ok. We got a contract from the landlord and paid our 1 month's deposit plus cleaning fee in cash (I have a receipt).

All was well. Our landlord said we could save the cleaning fee if we cleaned the apartment before we left. So we did and left it spotless. He asked how we wanted the deposit to be returned and said he could do a bank transfer if we gave him details. I emailed him back and gave him my partner's details. About 5 days later the landlord emailed me to say the transfer had been done and to let him know if we had received it. We hadn't so I replied to tell him and he told us banks may have been closed (it was a holiday weekend in Spain) but that he had added my email to the transfer so I should be notified (I never was). After a couple of days, nothing, so I emailed again asking when we should expect it back. No reply. I emailed three times over the next week all with no reply. I then tried to call and left a message on his phone.

He replied via email the next day to say he paid the transfer and sent me a copy. The transfer showed that he had paid it not to my partner, but to someone I do not know. He said that I had told him to pay the money into this unknown man's account. I didn't.

I then went to spotahome to see if they could help us. They initially seemed to take his side, even though I sent through the email chain as proof of the details I sent him. After lots of emails backwards and forwards the landlord has told us two different stories of how he paid it into the wrong account, has been unable to show me the supposed email from my email address with this other man's details (I have asked many times for this), he has been to his bank but his bank told him they would need a report of fraud and since I am the victim it would have to come from me. I'm pretty sure he has been the one that has been defrauded, not me (if he has received someone else's bank details from somewhere, not from me). He still owes us that money and I can prove where I asked him to send it. The only details I have ever sent him were those of my partners. He is claiming that my email account must have been hacked but I'm pretty sure if anyone's account was hacked it was his.

I don't know what to do next or who to speak to or anything. Since it happened in Spain I don't know if I would need to speak to a Spanish solicitor. Spotahome have said there is nothing they can do and have been no help whatsoever. The landlord says I should have an expert check my computer because the only thing he can think has happened is that I have been hacked. I haven't, I have two step verification set up on my email account. Can anyone help me please? Or does anyone know who I should contact?

Sorry for the massive story, thank you in advance!!

G_M

Fortunately we are still part of the EC!

That means you can use the courts to reclaim your deposit. It will of course be a bit of a faff via the Spanish courts, but once Brexit completes, you'd be a complete non-starter!

Trading Standards have reciprical arrangements with their EC counterparts so discuss wih them.

http://www.ukecc.net/

danslenoir

Tough one.

I disagree with the bank's position that it is you who is the victim and therefore the onus is on you to file a claim with the bank. Clearly the unfortunate victim here is the landlord, who erroneously transferred the money to the wrong account (whether prompted by a scam email or not), and who still owes you the money.

gkr666

Thanks for the replies. G_M I'll get in touch with the UK EEC people, thanks very much for the link. It's a difficult situation - but it's a lot of money to me and I have to try and recover it if I can.

I agree that the landlord is the victim, but so far he is unwilling to help much and keeps saying it's up to me. He suggested that I contact his bank to find out who the man is and I had to explain that banks aren't going to give me that information. Also as it's a transfer from his account he has to look into it. Aaaagh it's frustrating!

Thanks for the help :-)

G_M

Can't be sure of Spanish law, but under UK law:

* LL has an obligation to return the money to you
* LL has failed to return the money (for whatever reason - does not matter)
* so LL still owes you the money

He can either send more money, or reclaim the original money via his bank and send that.

If he doesn't, you sue.

gkr666

Just to let you know, I got in touch with the ukecc and they have taken the case on. So now their Spanish office is dealing with it and we should get updates when things happen. It might take a while, but hopefully they can help us recover our money. Thanks for your help!