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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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I have a mortgage on a property in Spain! Over the last 4 years

Customer Question

I have a mortgage on a property in Spain! Over the last 4 years due to recession etc; i have found it increasingly difficult to continue to pay the mortgage.
I have written to the Spanish bank explaining . They just threatened me with litigation.

The bank is Halifax espania. I have since found out thru internet research that they can
send bailiffs to my home in the UK and take my possessions. The house does not belong to me nor do the contents. I only rent!!
I am a UK citizen.
Please help I am in despair!!
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

What is it you want to achieve?

How much do you owe?

Just confirmed you have no UK property?
Customer: replied 3 years ago.


I owe 160 thousand euro it is a marina property that was valued at


280 thousand euro 4 years ago.


 


I sold my property in the uk to help finance the property in Spain.


 


What can I do to stop debt collectors, bailiffs coming to my home in the UK and can they legally do this.


 


Is the only way out bankrupcy?

Expert:  UK-Justice replied 3 years ago.
Thanks.

If you are not named on the property then they can do very little.

They can get Judgment in Spain and then get a European Enforcement Order to enforce the Judgment in the UK.

However bailiffs do not have right of entry - this means they can not break into your home.

They can only come in if you let them - so the clear message here is dont allow them in.

If you are not named on the property you live in, then they can not get a charge on that property.

If you are named then they could get a charge and seek an order for sale.

But if they do chase you and you have no assets you have 2 options:

1) Refuse to communicate with them and try and outrun it for 6 years

2) Go bankrupt

But you should not go bankrupt if you have assets because you have to declare all this to the Receiver and they may be sold.

So the answer depends on your circumstances and what you own.

But bailiffs do not have right of entry so can't break in.

I hope this helps.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.


Can they claim my salary as I am still working but I am due to retire in a year.


 


I will also be eligable for a company pension also a government pension.


 


Will these be safe?


 


The thought of bailiffs harrasing me frightens me to death.


 


Do i have any way out? It is making me so very ill!!

Expert:  UK-Justice replied 3 years ago.
Yes they could potentially seek an attachment to earnings.

You are still entitled to pensions.

Dont worry about the bailiffs they would try a few times then give up.

Apart from going bankrupt then I am sorry to say no...............


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.


Can I apply for bankruptcy if I am still working.


And what does this entail.


 


Will the spanish bank accept bankruptcy?


 


Also Halifax bank/LLoyds espania is it governed by British law?

Expert:  UK-Justice replied 3 years ago.
Yes you can.

You go to Court and declare yourself bankrupt.

There is a Court fee to pay (£190 and a £600 deposit I think).

You can include the Spanish debt in the bankruptcy.

Not British law but EU law.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and other Law Specialists are ready to help you
Customer: replied 3 years ago.

 


As i recently got married would my husband be liable for my debts.

Expert:  UK-Justice replied 3 years ago.
No - only you....................




Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.


Will bankrupsy affect my salary or pension?


 


Can they claim part of my earnings?

Expert:  UK-Justice replied 3 years ago.
They can claim part of earnings yes.

If you are entitled to payment via pension etc, they can claim part of it.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.


Is it the reciever who can claim part of my salary?


What percentage could they claim?

Expert:  UK-Justice replied 3 years ago.
The Receiver yes.

I can not say what %age, it is set down by government.



Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

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