Inside Andalucia

Living the Dream

2011-04-16T12:26:00.000+02:00

Millions of people dream about having a place in the sun. Thousands have been able to turn that dream into a reality, but what happens if things go wrong? The Insider has put together what it considers is a worst case scenario (using actual stories) and looks at the results.
1) You have invested your life savings and bought your dream home. You are fortunate you don't need a mortgage.
2)You have a steady income, though limited, but sufficient to meet your needs on a daily basis.
3)You have taken out a loan from a Spanish Bank either to but some necessary household items or make some improvements to your home. Your current income can meet that additional cost.
4) You suffer as a result of the economic crisis and your limited income is suddenly reduced dramatically due to the low exchange rate. This results in you not being able to meet your monthly loan repayments. You have a choice, pay the bank the full amount and starve or ask them to reduce the payments to a level you can afford.
5) They don't respond to your letters and take yo to court, but you cannot afford to hire a lawyer to act for you.
6) Eventually, they repossess your house which was used as security against the loan, and you out on the street, having lost everything. Remember, you cannot afford a lawyer, and you only have 5 days to lodge an appeal. You have only just found out that you could get "Legal Aid", but it takes at least3-4 weeks for this to be approved, and you might be lucky in getting a lawyer who speaks English, it depends on your luck, which so far you have not had much of.
The only thing left to do is return to Britain and start again to rebuild your life.
The dream has become a nightmare, but alas, it doesn't stop there, because o0n the way back, your wallet is stolen, together with all your identity -Bank Cards, Driving Licence etc, not to mention your passport. So its off to the Consulate (after spending over an hour at the police station filing your case. You need an emergency passport which costs 114 Euros, but you've no bank card, therefore no bank details (without looking at your card, do you know the card number and the 3 digit security number on the back?). Apart from that, you don't have enough money anyway to pay for the passport (everything has been stolen). You have your chequebook, but they won't accept that, it has to be a debit or credit card. Result - snookered - unless you can find someone who can pay it for you.
You eventually arrive in Britain, but your emergency passport is retained by Passport Control at the airport. Again, you are left without any ID.
The income you had in Spain was sufficient to meet but the cost of living in Britain is higher and you are now in extreme financial difficulties.
You have paid into "the System" for years, now you need the "System" to help you not only to live but start rebuilding your life.
Here is what to expect
1) You have no ID papers. The Emergency Passport was retained at the airport, and the Consulate cannot supply a photocopy.
2) You cannot get a copy Birth Certificate as you do not have any identification to verify that you are who you say you are.
3) You need to complete a Habitual Resident Test as you have not been living in the UK for 185 days during the year.
4) You declare you had a property abroad and that it has been repossessed. You provide a copy of the Court Order verifying this.
5) The value of the property is more than the value of the loan secured against it so you state you are looking to recover the balance from the sale of the house (depending on how much it sells for).
6) 5 weeks later, you still haven't heard anything although you are constantly chasing the matter with the DWP. Eventually you are told that your claim has been rejected as the "Decision Maker believes you will return to Spain once the issue of the house has been sorted". What have you got to go back to ? You have nowhere to live.
The result, No benefit being paid so you lodge an appeal to which the tell you it will take up to 50 working days to deal with it, - another 10 weeks. Yo cannot get any assistance from the state - no Crisis Load (no benefit to deduct the repayment from), You cannot apply for any other benefits (you have a claim on appeal), so you have to survive as best you can. You are still required to sign on, but you have no money to pay for bus fares. If you don't sign on, your claim is cancelled.
These are actual events which have been reported to us. This is actually happening in Britain today.
The media is full of comments about Musa Kusa being given a 6 month visa to come and go as he pleases., yet British Citizens returning from abroad are refused the help0 they need.
David Cameron is on about a tidal wave of immigration which is ripping the communities apart. No doubt the majority of them are receiving benefit (although they have never contributed anything to the system). Are they completing a Habitual Residence Test?
It['s election time, so ask your MP what they have to say about this scenario and let us know their response by e-mailing theinsider@btconnect.com
It is useless writing to your MP or the Secretary of State for Works and Pensions. They can choose whether or not to respond (see an earlier post).
We are not looking for much, just fair treatment for everybody and a bit of understanding. It's not too much to ask.
Till next time
The Insider

The Spanish Legal System - In Practice

2010-09-15T12:39:00.000+02:00

We have heard various reports of foreign residents in Spain suffering at the hands of their legal system. If you have a property in Spain, and unfortunately find yourself in financial difficulty you should be very careful.
Obviously you need legal advice and would probably contact the lawyer who handled your purchase process for you. In many cases, they simply say "Sell up and start again." Why? Their fees will be higher from a sale than from representing you in court. We have also heard that some lawyers want a retainer of up to 2000 Euros before they look at the papers. That way their fees are guaranteed.If you cannot pay this, then your stranded. If you find yourself in this position, DON'T try and deal with it yourself. The pursuer will simply ignore your letter and proceed with the litigation. The courts too - it has been reported - do the same.
If you receive notice of legal action, apply to the issuing court for an "Abogado de Justicia Gratuita" to be appointed.
Even if the debt is not in your name, YOUR details will be passed to Credit Reference Agencies, thus preventing you raising finances.
They will and do go for your house and even your personal property in order to secure settlement of the debt, and of course interest and expenses which can be substantial.
We hope this does not happen to you but if it does, DON'T try and go it alone. Apply for the FREE Legal Representation and let the lawyer handle the stress for you.

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2010-07-12T20:26:00.003+02:00

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Who's to Blame ?

2010-03-29T13:01:00.002+02:00

In the January issue of "The Insider"- our monthly newsletter, we mentioned that demolition orders had been served on 3 homes in Almeria Province, and a total of 8 houses in the town of Albox faced the demolition ball.
By 9th April, these properties are due to be pulled down, with devastating effect on those concerned. So we ask the question - WHO IS TO BLAME?
Here are some options to help you decide.
1) The Home Owners - were they aware of the building regulations and chose to ignore them? Were they provided with sound legal advice when buying the property? Did they carry out sufficient research by themselves in advance of the purchase or did they leave that mostly to the lawyer?
2) The Lawyers - Was their advice sound? Did they ensure that the required licences were issued? Were they representing the interests of the buyer or the seller? Did they ensure the property was legal? These are the people with the knowledge of what the laws require.
3) The Local Authorities - They grant the licences. Are they applying the legislation consistently? Are they simply turning a blind eye? Do they really care what happens?
4) The Estate Agents - Did they present the facts truthfully and in full or did they omit to advise about key issues? Did they advise what could or could not be done to the property? They would have had sight of the Title Deeds so would be aware of potential issues which would have affected the development of the property. Many house buyers when viewing openly state we could do this or that to the property - all within earshot of the estate agent. They have got their sale and commissions - Do they really care what happens next?
The Regional Government - They ruled the properties as illegal even although the local council had passed the licence application. Before making their decision, did they investigate fully the situation? Was there any right of appeal and eas this followed? Were the parties involved notify there was a problem in advance of the decision to nullify the licences?
These are only a few thoughts - You Decide - WHO IS TO BLAME?

Flaunting the Law

2010-03-22T17:34:00.006+01:00

Spain, like every other country has its rules and regulations under which eveybody must live, whether a resident or visitor.
One of the most flaunted laws concerns motoring - not by the Spaniards, but by the foreign resident.
If you live in Spain for more than 6 months in the year, you are required to register your vehicle with the Spanish Authorities. A simple rule but one that is so often and blatantly flaunted, particularly by British Residents. Numerous vehicles with UK registration plates do not display a valid tax disc, and it would be fair to assume no valid certificate of roadworthiness. This assumption is based on the fact that you cannot MOT (ITV in Spain) a vehicle with a foreign plate.
They probably haven't notified the DVLA in Britain that they have exported the vehicle. A UK regulation that is more than likely being ignored.
Yet they freely travel throughout the towns and villages.
Spanish drivers know the consequences of failure to produce the required documentation if they are stopped by the authorities, and this is what is causing offence to a lot of them.
Another issue, which we cannot truly verify concerns insurance. We are not fully conversant with this subject, though yet again it would be a reasonable assumption that if they haven't taxed or mot their vehicle, and get away with it, why bother paying for motor insurance?
Even if they do have cover, any claim made as a result of an accident would probably be rejected as the vehicle legally should not have been driven on the roads.
Complying with 2 of the simple rules (Licence and Insurance) is not enough. If you cannot or will not comply with all 4 DON'T DRIVE.
Think about the victim of an accident and not your desire to get from A to B
When you drive a car, you have effectively a loaded pistol in your hands and could kill an innocent bystander.
You may be a very safe and experienced driver, but it only takes a mistake or misjudgement by someone else to cause a serious accident.

Wha's Like us - Written by Tom Anderson Cairns

2010-02-25T16:19:00.005+01:00

The average Englishman, in the home he calls his castle, slips into his national costume, a shabby raincoat, patented by chemist Charles Macintosh from Glasgow, Scotland. On route to his office he strides along the English lane, surfaced by John Macadam of Ayr, Scotland.
He drives an English car fitted with tyres invented by John Boyd Dunlop of Dreghorn, Scotland, arrives at the station and boards a train, the forerunner of which was a steam engine invented by James Watt of Greenock, Scotland. He then pours a cup of coffee from a thermos flask, the latter invented by Dewar, a Scotsman from Kincardine on Forth.
At the office he receives the mail bearing adhesive stamps by James Chalmers of Dundee, Scotland.
During the day he uses the telephone invented by Alexander Grahm Bell, born in Edinburgh, Scotland.
At home in the evening his daughter pedals her bicycle invented by Kirkpatrick MacMillan, blacksmith of Dumfries Scotland.
He watches the news on his television, an invention of John Logie Baird of Helensburgh Scotland, and hears an item about the US Navy, founded by John Paul Jones of Kirkbean, Scotland.
He has by now been reminded too much about Scotland and in desperation he picks up the Bible only to find the first man mentioned in the good book is a Scot, King James VI, who authorised its translation.
Now where can an Englishman turn to escape the ingenuity of the Scots.
He could take a drink, but the Scots make the best in the world. He could take a rifle and end it all but the breech-loading rifle was invented by Captin Patrick of Pitfours, Scotland.
If he escapes death, he might find himself on an operating table injected with penicillin, which was discovered by Alexander Fleming of Darvel, Scotland, and given an anaesthetic, which was discovered by James Young Simpson of Bathgate Scotland.
Out of the anaesthetic, he would find no comfort in learning he was as safe as the Bank of England founded by William Paterson of Dumfries Scotland.
Perhaps his only remaining hope would be to get a transfusion of guid Scottish blood which would entitle him to ask "Wha's like Us

STOP THE PRESS - HERE's AN UPDATE

2010-02-16T11:33:00.002+01:00

Re our blog "Can You Trust the Banking System?
The couple referrred to in Issue 1 of the blog have now informed me that they have just received another letter, this time from the Debt Collectors who were going to visit them. The letter was from that companies Litigation Companyadvising them that as they "failed to reach a repayment agreement with the debt collectors, that they were "reviewing the account prior to any possible legal action by external solicitors acting on behalf of their client".
All very well, but the latter was written on 19th January,and advised that failure to contact them by 26th January may result in legal action. The letter was recieved today 16th February - How's that for efficiency. The offer of a discount was written on 2nd Feb and was received first. Either the litigation warning was sent by pony express (pigeon post is qicker) or it's just another scare tactic. You make up your mind and let us know. All interesting responses will be posted as full blogs.

Can You Trust the Banking System ?

2010-02-16T10:26:00.005+01:00

I read an interesting blog recently about the attitude of the banks towards their customers and felt compelled to follow up on this with some real life events.
As background, I am a former Credit Management Consultant and am fully conversant with the subject matter this blog contains.
Issue 1
A couple visited their local bank to advise them that they were moving abroad and to cancel all Direct Debits on the account. The Branch Manager advised them that she would also cancel the account Maintinance Charge as they would no longer be able to utilize the facilties this provided. - A happy customer, but not for long. They soon started receiving notification that their account was overdrawn and that additional bank charges were being raised. How this arose was the bank did not cancel one of the direct debits and as there was insufficient funds in the account, were "bouncing the DD" This of course incurred additional charges and so the overdraft continued to rise, attracting more and more charges. To make matters worse, they continued to charge the maintainance fee so adding to the debt.
More and more letters were sent, then it was the turn of the debt collection company. Despite advising what was happening, the debt collectors nor the bank done anything about it. Then it was the turn of the solicitors advising that they were being taken to court. Again, the response was ignored, and the account passed to another 2 different debt collectors. Again they were advised that the problem lay with their client and were also told that a letter was sent to the solicitor over a year prior stating clearly the nature of the dispute and that any legal action taken would be defended in court. Next they receive a reply stating that the bank had no record of the letter sent to the solicitor and that if the debt was not cleared, then legal action would be taken. The couple told them "Go ahead with your legal action and we'll see you and your client in court." They told them they would be counter claiming for harrassment both by the debt collectors and the bank. Can you guess what happened next - I doubt it because this defies logic. A further letter was received from the debt collector stating that the case was now beng passed to their "Home Collections Depatment" who would be visiting them shortly. However, the piece de resistance was that their client had agreed that they would offer a "Subsantial Discount" if the account was settled. Very kind of them, but why offer to discount a debt if your charges are correct? Also, a nice little break for the "Home Collection Department" - a nice little trip to SPAIN. I'll see them in court.
Issue 2
Another couple found themselves in some financial difficulty and could not afford to keep up with their Credit Card repayments. They asked the bank to freeze the interest so that they could get things sorted out. The response was NO. They wrote asking them to reconsider as this was causing them much distress as they had never been in this sort of position before and had always paid their bills on time. The bank never replied and eventually a notice of summary proceedings was received. In between times, letters were being received from the bank advising them of how much was outstanding. The funny thing about this is that each letter - which were received on almost a weekly basis showed differing amounts - yes " added interest you may say" but NO. The amount outstanding was on numerous occasions LOWER than what was stated the week before. Letters were also received from Credit Reference Agancies advising that their credit status was being affected due to the outstanding debt. Fair enough you may say but when the debt was against a Personal Account and not a JOINT one, why was the partner's details passed to the reference agency and why was their credit rating being affected for a debt (which we hasten to added was accpted) was not in their name. In response to the notice of court action, they again responded explaining the situation and also stating that the bank had broken the law by referring the partners details to the Credit Reference Agency - what was the response from the bank. Yes you guessed it - NOTHING - instead a further notice advising that the next stage in litigation was being started and that they should get a solicitor. My advice to them was don't worry about it, by the time I've finished with them, the ones who will need the solicitor is the bank. I look forward to the next stage of litigation starting when I can represent this couple in court.
Issue 3
Finally one of them get it right.
Another couple discovered to their horror that instead of being given a credit card which they would be able to pay off at a certain amount each month,they were given a short term loan payable in full a few months later. There were insufficient funds in their account to cover this but the bank took what they had and put through a "Dummy Payment" on the "Credit Card" to clear the debt. The couple found it hard to meet the terms but this time instead of pursuing them through the courts, the bank done the right thing and "Wrote off the Debt" as they realised that the situation was caused by a mistake on their part. Well Done this bank - you got it wrong but done the decent thing about it, but it should never have happened in the first place.
So Can You Trust the Banking System?

Women by Women

2010-02-08T22:06:00.004+01:00

Co-operation not collusion. Education means liberation, to gain knowledge is to gain freedom to become the Well Informed Modern Woman. Consider the successful woman the ones who made it to the top the big names who are responsible for the education of us lesser knowns! Cherie, Hillary Michele, Sarah, Three of them successful lawyers who would if I am correct understand that " where a person has been damaged by a medical treatment they have a right to prove this " many women do not have the means to pay so they apply for legal aid which is withdrawn at the eleventh hour. Talk about cover up! A conversation with a young women who was so obviously in agony" My doctor keeps saying I'm pregnant but I'm on the Pill!She keeps giving me vaginal examinations eight to date." "Tell her" says I you'll sue. Next visit different doctor no more vaginals, hospital referral. Unfortunately a diagnosis of Polycystic Ovaries. More pain of a different nature, trust betrayed. Talk about cover up! Our questionaire has vacant spaces we need them filled and for you to understand the issue. Take Me Time, slow down push away the hassle of the day and fill it in. If we were talking of an isolated incident we should be ignored we are talking thousands who have no voice. P.S. Cherie at least is giving some good advice. Germaine Greer says" experimentation under the guise of medical practise" She's a feminist, no a women seeking truth for all women!

Join the Discussion at Me Time

2010-01-21T18:28:00.003+01:00

Me time for women with influence. Our second newsletter is now available where we will " continue to discuss topics relevant to us all." The words of HM Queen Elizabeth ll Christmas broadcast to the nation 2009.

"Speaking for ourselves and others" offers a different viewpoint of events taking place in modern day Britain. As with our information packs we encourage the reader to take time to think about issues relevant to themselves and future generations of women. After all " a thing of beauty is a joy forever" not that we consider women playthings! A good woman functioning efficiently contributes to a healthy stronger society!

The UK Government and You

2010-01-13T13:38:00.004+01:00

Have you recently written to your MP at Westminster about an issue which concerns you? Did they provide a satisfactory answer? Probably NOT. There seems to be a tendency for them to sidestep the issue in one way or another by giving a totally irrelevant response, probably hoping you will go away and not upset their cushy number. To see what we mean, see how much MPs at Westminster earn, and add in all the extras.

The government at Westminster has an on-line response facility "House of Commons Information Office" or HCIO showing as a link for questions or feedback. Ever used this? Don't waste your time. This is just another way for the government to sidestep issues and spend your income tax donation.
You would think that they would be able to answer your question when seeking "information" on a particular item of legislation.

We are sorry to dissappoint you it is not the case. The responses received from HCIO are that and we quote "The House of Commons Information Office answers enquiries about the Membership, proceedings and history of the House of Commons. We do not interpret legislation as we are not qualified to do so - we are librarians not politicians or lawyers."

So what's the point of asking your elected representatives a question? None what so ever, especially when a former Senior Cabinet Minister stated in an e-mail, "Whether the MP responds to your question or not is entirely up to them."
What sort of government exists in Britain? They are not interested in the electorate once they take their seat in the house.
They are elected to represent the ordinary man or woman.
Check out House of Lords live on TV and count how many are being paid to sleep.

If you do nothing, nothing will change. Making the changes is easy - if the MP is not prepared to fully represent you at Westminster, or in the Assemblies, don't vote for them next time round.