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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3671
Experience:  Solicitors 2 years plus PQE
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I am getting debt letters relating to a debt in Spain. I

Customer Question

I am getting debt letters relating to a debt in Spain. I have received no formal notification of the debt or in fact any info at all. It relates to my brothers share of our community fees. The contract is in his name but the letters are coming addressed to me. I have paid my half of the fees and now the UK debt recovery agency has added €3000 of charges. Can you help by directing me on what course of action I need to take?
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Does the letter say on what basis you are liable for your brothers share of the fees? Kind regards AJ

Customer: replied 1 year ago.
We own the house jointly and the debt relates to community fees. I have paid my half over the 10 years of ownership despite the community documents just showing my brothers name. That said the house is jointly owned. My brother is about to be made bankrupt I think. My concern is that I have had no formal information, not letters of contact from the community and now a UK agency is involved they have added €3000 of fees. I hesitant to contact them as I am worried that it will all sit with me.
Customer: replied 1 year ago.
Alex I have to go to a meeting are you still looking at this?
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. Firstly they have to provide proof you owe the fees - if the documentation is in your brothers name they may struggle to do this. If your brother goes bankrupt and you want to continue using the property it is likely they will insist someone takes responsibility for all the fees. Have the debt agency said they will sue you? Do you want to keep the property in Spain?

Customer: replied 1 year ago.
AJ I am back from my meeting any update?
Customer: replied 1 year ago.
AJ,
Yes I want to keep the property and by coincidence met with the bank to investigate moving it to my name only.I have not received a written statement relating to the account.I would be happy going forward to pay future costs.The dept agency are called corporate legal services and are part of corporate credit debt recovery. They have stated that the client intention to issue proceedings against us.
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. I would try writing back to them as follows:

- Say they have provided no evidence of how the debt has occurred;

- Your brother is clearly liable for this not you;

- It is a criminal offence to unlawfully harass someone for a debt they do not owe under S.40 of the Administration of Justice Act 1970;

- Say as you do not consider yourself in arrears you are only prepared to correspond with the community management company directly.

In the mean time you will need to make arrangements to remove your brother from this property - in all likelihood you will want this debt to form part of his estate in bankruptcy.

I would note if the company does sue (which is their prerogative) you will have to defend the proceedings.
Kind regards AJ