HELP!!
Posted: 28 May 2009 10:56 PM  
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Hi all,

So we are moving to Spain next week (I’ve written that line so many times now) lol

We had managed to secure accommodation until a few days ago. What happened was we rang them, asked about the property etc and the main question hanging in our minds was whether or not we could get internet as I my work relies on it.
We were reassured by the owner that we could get internet as he claimed that he personally had received 3G reception whilst in the house.
It wasn’t until we received the co-ordinates for Google earth that we started to question his honesty. He had told us that the property was 20 minutes from Valencia, when in fact it is closer to an hour away.

After spending ?40 on the phone to Telefonica it became clear that we weren’t going to be able to get internet there. To add insult to injury there is zero 3G reception in the area concluding that his previous statement was a complete fabrication of the truth.

He is now refusing to pay back the ?300 deposit I paid him to secure the property, despite my best efforts in explaining to him that had he been honest to begin with none of this would have taken place.

He is based in the UK which makes things a little easier for the time being but as we’re moving to Spain it may get harder to arrange court proceedings etc.

The police have advised me to commence proceedings with the small claims court and contact trading standards due to the misleading approach they have taken to securing tenants.

I was just wondering if anyone had any ideas as I’m ?300 down and would appreciate an alternative option to a lengthy (and costly) court case.

A very irate expat-to-be

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Posted: 28 May 2009 11:49 PM   [ # 1 ]  
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You fallen in a trap and I am sorry for you guys…

He pretty well knows he has gotten away with it…

You would get your money back in small claims court for sure… but its the costs side of things and time… and the question is it worth it..

Yeap you should of done your research first before commiting to rent….

Either go ahead and take the risk of court… or write off what you paid.

MAc

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Posted: 29 May 2009 01:06 AM   [ # 2 ]  
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Ring the A-Team

 


Alex

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Posted: 29 May 2009 02:28 AM   [ # 3 ]  
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I would feel lucky that you found out before actually arriving with all of your belongings!

The only thing I can think of is contacting the rogue landlord and telling him you plan to take him to court.. maybe then he will just give you the money to save himself the trouble.

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Posted: 29 May 2009 06:59 PM   [ # 4 ]  
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Hi Emma & Luke,
Sorry to hear of your trouble before you have even landed!
Yes, it is a real bug bear to get a phone, let alone internet in some places. (Unless you have a few grand spare for
a satellite system!).

Just take this as your first taste of Spain.  Always check and double check - and even then take care! (From someone who has
been here 10yrs and is about to loose ?3,000 due to incompetence of lawyers and motor insurance co). 

DO continue with the Small Claims case in the UK. He won’t like it if he has a CCJ against him (If these still exist?).  Also name and shame in as many places as you can - It may not get your money back but hopefully you will feel a bit better - and help others to avoid this unscrupulous person.

He is not doing himself a favour by doing this - as once you are in Spain everyone knows everyone! 😉

Hope the rest of things go smoothly & Bienvenido!
SJ - Malaga

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Posted: 29 May 2009 07:06 PM   [ # 5 ]  
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ps - re cost of small claims court. I remember when I did one (yes, I got stung too in the UK!)....
the fee was a percentage of the amount you were claiming for - something small like 10%?  Has this changed?
I do not know what the proceedings are if you are about to/already living away - I know you have to pay your own
travel costs to any hearings (and if I remember correctly you have to go to the court nearest to the accused?)...
Will you have to get a representative to go for you?
Is it going to be cost effective?

I am sure you have thought of all of these things. I am steeling myself to go to the national press (we have the Daily Mail here in Spain as well as the Spanish nationals). But it may only give me closure on that I did all I could to put them to shame.  (But to be honest as my partner says - they don’t give a T**S as they are big co’s and they all look out for each other).

Arrrgggghhh! - Whoever said life was simple was lying!

(PS - Although I won my small claims case - ?2,000 - the guy never paid one penny - and my follow up applications to the court went unsuccessful too - he was not employed officially (although I knew he was working on the black market) - so they could not even deduct it from his wages - Although in your case if he has a legit business at least your situation would be different if you got that far). 

Arbitration is the best way - but only if they cough up even when you win!

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