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By Welex, your expert multilingual litigation law firm for claiming amounts in Spain

 

Reclaim an amount in SpainThe economic activity itself in Spain, from day to day, is not exempt from suffering setbacks, delays and in many cases the breach of the order or the contract that has been concluded between the parties to perform a service or provide a good. That is why reclaim an amount in Spain is not unusual

 

What was expected to be a normal service or a purchase/sale in Spain without delay can sometimes end up becoming a real headache especially if the service that has been paid for is unsatisfactory or the goods that have been purchased do not comply with the conditions previously agreed in the business agreement, turning into reclaim an amount in Spain.

 

In order to recover an amount paid in Spain, the first thing to do is to distinguish the nature of that amount and the second thing to do is to choose a good law firm that is expert in quantity claims in Spain and that has the solvency to contribute to a quick management of the conflict, says Rafael Andrades, Welex’s lawyer in Spain.

 

One of the great assets of this famous legal, tax and accounting consultancy firm located in Marbella, Malaga is its extensive experience in managing various problems to which they always find a quick solution under the premise of ensuring – primarily – the confidence of the client.

 

One of the most common and frequent defaults is related to the contractual rental relationship in Spain, which can lead to legal complaints and costly lawsuits.

 

 

Are these cases frequent at Welex?

 

-Yes, in fact we provide service, both to the tenant and the landlord, if it happens that unpaid amounts are claimed, we proceed to do it; we can claim unpaid for light, water, sometimes there are contracts in which they are agreed to pay half the Wi-Fi or telephone line.

 

On some occasions, the tenant is the one who contacts Welex “either because he is in a situation of crisis or economic precariousness” and he does so because he tries – through the extrajudicial route – to reach a type of agreement by offering to hand over the rented flat in exchange for the remission of the debt.

price of that activity a certain percentage or an amount to see the interests of the lessor satisfied”, Andrades comments.

 

 

Are all debts claimable in Spain?

 

-Yes, all of them, because when we talk about amount we are talking about something material, about a benefit, when you stop paying 70 euros, 300 euros or 500 euros what we are talking about is the frustration of a certain obligation; if there is no action to claim that amount it would mean that there is no obligation to pay it. There is only one case in the Civil Code of an obligation without action, and that is natural obligations that are assumed voluntarily without any real right of claim.

 

If you want more information about reclaim an amount in Spain, check our publication at Welex.es

 

At litigation law firm Welex the Clients come first

 

Sometimes people stop claiming amounts in Spain for unfinished work or an unfulfilled agreement because they feel that the small amount will make it more expensive to claim and they consider them as non-refundable.

 

‘’We at Welex seek the way of extra-judicial negotiation, either by trying mediation or by trying arbitration depending on the type of obligation; whether we think of consumer matters we have a purchase or a professional service and it is not fulfilled… for that there is a solution of conflicts, without going to the jurisdiction, because that does involve a series of costs”, explains the legal specialist.

 

A foreigner with a deposit problem who has already given them and later repented can recover them?

 

-Depends on the particular study of each case, there is no uniform solution that is valid for all of us. We will have to see how the contract was concluded, the obligations and the attitude of the counterpart… only in this way is it possible to terminate a contract.

 

Is it common to claim the return of deposits in Spain?

 

-Some customers have come to us who have understood that the terms and conditions of the deposit contracts have not been well explained; and that they do not conform to what was offered, what we do is corroborate that the exercise of the resolution of the action is appropriate.

 

Andrades, partner of leading litigation law firm Welex,  acknowledges that as a tax advisor he has seen many cases where clients have bought homes, moved in and realised that it is not what they expected, turning into reclaim a debt in Spain.

 

 

If you want more information about reclaim an amount in Spain, check our publication at Welex.es

 

 

The return of the floor clause in Spain

 

Welex, your expert law firm in claiming amounts in Spain mentions that there is a very wide scope in claiming amounts, which Welex law firm in Spain, whose meaning is “we and the law” covers with strong experience in all orders: in contracts with landlords, tenants, usufructuaries, consumers and banking institutions.

 

In recent years, an interesting resolution has been passed in Spain in relation to the acquisition of housing by means of a mortgage in which a financial institution has intervened.

 

This is the so-called floor clause of a mortgage facility in Spain, also known as minimum charge of interest on a mortgage in Spain, and since 9 May 2013, the Supreme Court in Spain has declared it null and void thanks to a ruling handed down on that date.

The Court considered it “abusive” and therefore ordered the return of the amounts “illegally collected” by the banks since the date of that ruling.

 

What is a floor clause?

“It is a clause that benefits the bank and harms the individual who has requested the loan because when the rates go down or the interest is negative the clause prevents it from being transferred to the monthly payment. Depending on the regulations of the country, the conditions of the contract and its transparency and clarity, an unfair, illegal or null term can be typified, and therefore can be considered a bank fraud.”

 

A few years after the first ruling, the European Court of Justice (EU) ruled in an unappealable judgment of 21 December 2016, against the limitation of the retroactivity of the nullity of the ground clause: “Therefore, banks and savings banks in Spain are obliged to return all money illegally charged for ground clauses from the signing of the real estate mortgage for the purchase of housing”.

 

The banks have returned 2.3 billion euros to their clients and 5,735 files are pending resolution, most of which have been direct negotiations between the financial institution and the client.

 

Welex has been participating for years in the return of this land clause in favour of its clients, and it does so in an extensive negotiation with the banks.

 

What is the process you advise?

 

-There is a formula that we offer to the clients that is the extrajudicial claim according to the Spanish royal decree 1/17 for the refund of the amounts unduly satisfied with the ground clause and we negotiate with the bank always in favour of our clients

 

How long can the return of the ground clause last in a friendly manner?

 

-From two to three months through civil proceedings… it depends on the terms.

 

Do you also help in the claim of non-payment or non-delivery of services or goods if you have to deal with another country?

 

-Yes, although there are other international procedures, we make the claim in another EU member state taking care about how to use our own courts for the resolution of civil or commercial disputes.

 

 

If you want more information about reclaim an amount in Spain, check our publication at Welex.es

 

Please do not hesitate to contact Welex, your expert law firm for claims in Spain, for any tax or legal questions.

The jurisdiction of judges and courts in Spain in the criminal field

Have you suffered any crime in Spanish territory? Have you witnessed a criminal act being committed in Spain and you don’t know where the facts may be investigated? In the following lines, the English speaking criminal lawyers at our offices in Marbella will give you a first approximation to the jurisdiction, determining the body in charge of the investigation of the facts that could have criminal characteristics.

Do not hesitate to contact Welex, your criminal law firm in Spain. Approach our English speaking criminal lawyers in Marbella, the heart of the Costa del Sol, Spain.

Matters of jurisdiction are an essential element in the investigation of a criminal act, because knowledge of the case by a judicial body that is not called upon by law to carry out an investigation or to prosecute and rule on the case could render that procedure null and void, since it violates the provisions of Article 117 of the EC, as well as Article 24(2) of the EC, and the right of the ordinary judge predetermined by law, which implies that the judge must determine the criminal act before it is committed, outlawing what are known as ad hoc courts.

Read more.

The ordinary judge predetermined by law in Spain

The Spanish Constitution configures the judicial power as an independent power, being the only power of the State to which the name of power is given.

The Spanish judicial system configures as one of the essential pillars of the Administration of Justice the determination of the ordinary judge predetermined by the Spanish law, as a preposition of the jurisdiction and arising directly from the separation of powers.

Going deeper into this idea, the Spanish Constitution configures the judicial power as an independent power, signed in Title VI of the Spanish Constitution

Read more..

Preliminary rulings in the criminal field in Spain

The Spanish law of criminal prosecution introduces preliminary rulings as a key issue regarding the complexity of criminal offenses in Spain

Jurisdiction for the sole purpose of repression

By Welex, your criminal lawyer in Marbella!

The jurisdiction of the criminal courts in Spain is one of the most important procedural matters, since its non-observance can have such a relevant consequence as the violation of the constitutional guarantee of the ordinary judge predetermined by law in article 24 of the Spanish constitution, sanctioning its non-observance with the nullity of the act.

In this scenario, and in front of the complexity of the criminal definitions, which on many occasions make it necessary to define the regulatory elements of the criminal definitions, the need arises for the judicial body to deal with these elements solely for this procedure. This question is covered by the Spanish law of criminal procedure in Chapter II, Title I of Book I, under the heading “Preliminary rulings”, to which the law devotes only 5 articles.

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The defender of a disappeared person in Spain

Do you have a family member who is missing in Spain who has assets or rights? Are there interests in Spain of a missing relative whose business cannot be disregarded without serious prejudice?

Our law firm in Marbella can assist you in the appointment of a legal defender in Spain so that he meets the legitimate rights of this person.

Contact the lawyers of Welex, your law firm in Marbella specialized in litigation in Spain.

The objective situation of any person that has gone missing from his last domicile or residence without having any more news from them causes the need to articulate a protection mechanism regarding the legitimate rights and interests of both the missing person and third parties, by ensuring traffic and legal security in businesses that depend on them.

The civil code in Spain includes the assumption of disappearance in article 181, book one, title eight, first chapter including this last article under the heading of the declaration of absence and its effects.

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New eviction law in Spain

Do you have a ‘squatter’ in your home in Spain? Then take into account the reform in law 5/2018 in relation to the process of eviction for non-payment. This blog is written by Welex, litigation lawyers in Marbella, Málaga, Spain.

The procedure of eviction for non-payment in Spain , which was already established in nineteenth-century regulation in the law of civil procedure of 1881, provides for a procedure to evict the person who was in situation or under the condition of tenant at sufferance (Article 1565 LECA).

By way of illustration, the Spanish Supreme Court has defined the legal concept of occupancy without a lease because there was no legal definition (STS judgments of April 13, 2011 and June 13, 2006), stating the following:

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Bankruptcy proceedings in Spain: All you need to know?

Our law firm in Marbella can answer all your questions about Spanish bankruptcy proceedings. First, it is important to note that Spanish law tries as much as possible to help individuals and companies that are going through complicated situations meet their payment obligations.

If it is foreseen that the Spanish bankruptcy procedure will take a long time, that is to say, that there is no short-term solution, a so-called creditors’ meeting will be requested. This enables a judge to intervene and assign an administrator to be in charge of mediating between a business and its creditors in order to find a solution to end the situation of the outstanding debts.

What is the aim of bankruptcy proceedings in Spain?

The creditors’ meeting is the tool to help, or at least to try to help, a company stay in business. A company with outstanding debts will search for ways to pay their creditors and it will try to stay viable.

How does the creditors’ meeting work?

Read more..

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