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JoseMagadan
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Category: Law
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Dear Sirs,I was declared bankrupt in 2007 and lost

Customer Question

Dear Sirs, I was declared bankrupt in 2007 and lost my home and my business, the only thing I had that I didn't loose was an apartment in Spain. The receiver was not interested in it as it was in Negative equity and it was not in the UK. With no home to live in, I decided to move into my Spanish apartment and I am still living in Spain. I have struggled to make a living ever since, but have managed scrape through each month more or less. The property still has negative equity and I have a deficit on the maintenance account. Part of which I have been disputing for years (around 1800€) and part of it I know I am responsible for, but I have been unable to make the payments each quarter. The deficit is approaching 10,000€. I have queried the (two) parts that I feel I am not responsible for, but the managing agent does not return my emails and when we have spoken on the phone, I have been promised they will look into it and come back to me (on five or six occasions) but they never have. I have also trued to set up a monthly payment plan, and I have had exactly the same lack of response to my phone calls and emails. The last communication I had with the managing agents was on the 17th June, I spoke to them and again suggested a payment plan and was promised a call back, I backed it up in email, but heard no more. Last week, I had a call from a local real estate agent that I know and handles a large number of the properties in my block, saying that she had heard that the managing agents were about to take legal action against me and wondered if she could help in any way, I later got an email from her telling me of a potential offer form one of her clients - The property isn't even on the market!!!!! and hasn't been since I bought it about 10 years ago. Then this week, I have had an email from a firm of solicitors in the UK telling me that they are issuing proceedings against me under the Horizontal Property Act 8/99 of 2 July 1960. I find the whole thing odd, The flat is in Spain, The managing agent is in Spain, and I am Spain. I am not in financial position to attend court in The UK. Can you tell me if Horizontal Property Act 8/99 of 2 July 1960 applies here, and also is a UK solicitor able to act in this case? and is there any other advice that you can give me. Since my bankruptcy i have had no credit at all, and I have no other assets. I really do want to get this sorted out but don't know what to do. Thanks very much indeed Grant XXXXXXXX *****@******.***

Submitted: 2 years ago.
Category: Law
Expert:  JoseMagadan replied 2 years ago.

Hi there

José M spanish attorney with a lot of experience with people who has lost their homes in Spain

The best step and the first one is not to pay. DO not pay if you want that they deal with you

Inscribe your self in the PADRON of the citu hall in order to let they know it is your residence ( Residencia habitual) and left to pay the until they call you to deal with you

I will be here to help you if needed

You have to know that in the last years some laws have changed the rules and debitors in Spain has some new rights againts the bank

Thank you

Expert:  JoseMagadan replied 2 years ago.
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