Debitors / morosos

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Debitors / morosos

Post  Guido C205 on Thu Nov 04, 2010 5:52 pm

Hi folks,
same old story!!! Even after "cleaning" the debitors-list regarding the derrama for the kids playgroung, we do still have a huge amount of outstanding fees!!!! Please, member of the forum, doublecheck your individual situation with the administrator and pay your depts!!!!! It doesn´t matter if it is one Eurocent or 100 euros. Make sure that you can vote in the future! You are interested in the situation of La Finca, this is why you are a member here. And to give your words more power is to vote. Doublecheck it today and if there are some outstanding fees: PLEASE PAY!! Thank you!!

Please can someone translate for me, it is sooooo late and I am soooo tired Sleep , I can´t concentrate. Please help!!!! Thank you soooo much!!!!
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Guido C205

Posts : 21
Join date : 2010-10-08
Age : 50

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PROCESS FOR DEALING WITH DEBTORS

Post  David C213 on Sat Nov 06, 2010 11:05 am

At last month's community meeting on Friday 29th October I asked Jose (Administrator) to explain the process with regard to chasing outstanding debtors.

If the debtor has a mortgage outstanding then they may try to hand the keys back to the bank and walk away from the mortgage, leaving the bank to sell the property to clear the mortgage. If the bank does take the keys then they become liable for the outstanding debts - including ours. Providing we can find out who the bank is then we should be able to get our outstanding debt and future monthly payments paid. Nowadays banks do not take the keys back as they would have difficulty in selling the property in the current market. This leaves the owner still liable for the mortgage and any debts on the property. Also means we can't go to the bank to get our debts paid.

In an attempt to get our money back solicitors have to be employed to serve notice on the owner at the La Finca address. As the owner isn't at the La Finca address notice cannot be served. 3 attempts have to be made at serving this notice. After 3 unsuccessful attempts the administrator is asked if they have an alternative address for them in Tenerife/Spain for the serving of the notice. If we don't have an alternative address then we go to court to have a claim put against the property. The judge may or may not rule in our favour as this seems to depend on the amount owed. The judge may say that the amount owed is not high enough. Having a claim against the property doesn't help because the property has to be sold before we get our money back.

The above is my understanding from Jose. If anybody believes the process to be different or there are other options open to us then please let me know.

David C213

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Join date : 2010-10-09

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