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Vendors PlusValia Not Paid

Posted: Tue Sep 19, 2023 1:40pm
2 replies3 members subscribed
Javea

Posts: 50

28 helpful points

Location: Javea / Xàbia

Joined: 7 Mar 2021

Hi, 

I wonder if you could give me some advice please?.

Non Residents: 

We purchased a house in Spain in 2016. We took out a Mortgage with UCI Hipotecas. We used a local accesorio who was recommended All was well.

In 2017, I went to the town hall to pay the IBI and set up a direct debit.

I  Dealt with a lady at the town hall who presented me with an additional bill for circa €800. I asked what it was and must be a mistake. She said its the Vendors Tax Bill that had not been paid.

As the vendor was also non resident, if unpaid, the bill falls to the buyer, us.

I immediately took the bill straight to the lawyers / legal accounts who told me it was a mistake and they would deal with it.

Fast forwards to 2019, due to an error by the bank, yet again I had to go to the town hall to re-instate the direct debit. This time I was given the same PlusValia tax bill but with charges around €400 on them.

I took the matter up with the lawyers I used and they said they would deal with the matter. They failed to do anything.

I eventually contacted UCI who repaid me the €800, but refused to pay the additional costs as the matter was not brought to their attention by our lawyers.

I paid another visit to our lawyers who blamed UCI for the non payment. They said, it was up to their lawyers (UCI) to retain a sum of money to cover any outstanding bills.

So one blames the other and now.....

UCI and our Lawyers simply ignore all my communications.

If I had a greater command of Spanish language I may stand a better chance. If it was UK law, I would simply send a small claims court demand.

But I am at a loss as to what to do in Spain. I am €400 out of pocket and the situation is totally unprofessional and unacceptable. Some of you may think its only a small amount, to  me its a lot. Its also principle that these establishments and businesses get away with this kind of conduct.

Anyone help please?

Stephanie86

Posted: Wed Sep 20, 2023 10:07pm

Stephanie86

Legendary helpful member

Posts: 2792

2107 helpful points

Location: Lliber

Joined: 4 May 2017

Posted: Wed Sep 20, 2023 10:07pm

I understand this is a sizeable sum of money and the situation is unacceptable. However, your most obvious solution, to instruct another abogado to start investigations and action, is unfortunately likely to involve further expense which you may, or may not, eventually be able to claim effectively as damages. It is likely to take a considerable period of time and stress also. If you have proof of all this as paperwork etc, you could try making a denunció to the police or Guardia, I’m not certain who would be the correct authority. They may take some action. Action of this kind would show the other parties that you intend to pursue this, but I am not sanguine about a swift solution.

Kimmy11

Posted: Thu Sep 21, 2023 7:01pm

Kimmy11

Legendary helpful member

Posts: 6870

12565 helpful points

Joined: 8 Aug 2017

Posted: Thu Sep 21, 2023 7:01pm

Hi Javea,

Your lawyers are correct in that a retention should have been made from the completion funds to cover the Plusvalia.  I don't know whether this should have been your lawyer's responsibility or those of the mortgage company, but the Notary who conducted the completion meeting should be able to advise you.  I would also expect to see such a retention appear in the settlement account from your lawyer or mortgage company, if you still have those?  I'd start with the Notary - they should be impartial and should have copies of the relevant documentation.

Good luck!

Kind regards,

Kim

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