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Denunciation

Posted: Fri Feb 26, 2021 4:39pm
4 replies484 views5 members subscribed
Lottie61

Posts: 6

6 helpful points

Location: Santa Pola

Joined: 19 Feb 2021

A neighbour lied to the Police and Courts about us. We employed a Solicitor as we were not aware of what she was telling the court. We went to Court with our Solicitor and the judge throw the case out. We have been left with a bill of 800 euros. Does anyone know what route we could go down to get this money from her. It cost her nothing to tell lies about us but wasted our time, caused me lots of stress and stopped me returning to UK to see a very sick relative. Police, Judge and an interpreter's time was also wasted.

Any information would be appreciated.

Kimmy11

Posted: Fri Feb 26, 2021 6:12pm

Kimmy11

Legendary helpful member

Posts: 6870

12563 helpful points

Joined: 8 Aug 2017

Posted: Fri Feb 26, 2021 6:12pm

Hi Lottie,

I'm so sorry to hear of your experience.  My husband and I were subjected to something similar when we lived in the UK and even though an investigation cleared us of any wrongdoing, we also incurred legal costs.  Fortunately, our case was resolved prior to Court proceedings (and the protagonist involved was asked for his resignation as a Local Councillor), but I still remember 6 months of sleepless nights.  For you to have to endure such a situation in a foreign country,  with an unfamiliar legal system, must have been horrendous, I really feel for you both.

There is a Small Claims' Court in Spain - this 2014 article from Citizens' Advice Bureau Spain explains it in more detail:

https://www.citizensadvice.org.es/faq/is-there-a-small-claims-court-in-spain/

It may be worth contacting CAB Spain to see whether there have been any updates to this procedure.  The good news is that you could pursue this route without the need for further lawyers' fees.

Good luck!

Best wishes, 

Kim

Lottie61

Posted: Fri Feb 26, 2021 6:17pm

Lottie61

Original Poster

Posts: 6

6 helpful points

Location: Santa Pola

Joined: 19 Feb 2021

Posted: Fri Feb 26, 2021 6:17pm

Kimmy11 wrote on Fri Feb 26, 2021 6:12pm:

Hi Lottie,

I'm so sorry to hear of your experience.  My husband and I were subjected to something similar when we lived in the UK and even though an investigation cleared us of any wrongdoing, we also incurred legal costs.  Fortunately, our case was resolved prior to Court proceedings (and the pro...

...tagonist involved was asked for his resignation as a Local Councillor), but I still remember 6 months of sleepless nights.  For you to have to endure such a situation in a foreign country,  with an unfamiliar legal system, must have been horrendous, I really feel for you both.

There is a Small Claims' Court in Spain - this 2014 article from Citizens' Advice Bureau Spain explains it in more detail:

https://www.citizensadvice.org.es/faq/is-there-a-small-claims-court-in-spain/

It may be worth contacting CAB Spain to see whether there have been any updates to this procedure.  The good news is that you could pursue this route without the need for further lawyers' fees.

Good luck!

Best wishes, 

Kim

Thank you very much for your advice. Will look into it. 

Angela25

Posted: Sat Feb 27, 2021 4:19pm

Angela25

Helpful member

Posts: 282

136 helpful points

Location: Catral

Joined: 29 Jul 2019

Posted: Sat Feb 27, 2021 4:19pm

We have a similar problem, we were selling our snack van to a Dutch couple who did not pay the agreed price per month so we took our snack van back. They took a denouncia out saying it was their van, we waited 18 months before the court released our van as they proved they was lying and put false documents in to the court. They also skipped Spain so we couldn't take out a personal claim to recoup our money which amounted to storage of the van, solicitors and translators fee. They now has lumbered us with thousands of euro's bill from the tax saying it was my husband who got all the money from them running the snack van which again is false which we will fight. We felt deflated but you have to let it go otherwise it drives you mad. There are always people that will lie, are deceitful and live off people. In the end who is the winner, you are because you have a clear mind.

Lottie61

Posted: Sat Feb 27, 2021 10:45pm

Lottie61

Original Poster

Posts: 6

6 helpful points

Location: Santa Pola

Joined: 19 Feb 2021

Posted: Sat Feb 27, 2021 10:45pm

Angela25 wrote on Sat Feb 27, 2021 4:19pm:

We have a similar problem, we were selling our snack van to a Dutch couple who did not pay the agreed price per month so we took our snack van back. They took a denouncia out saying it was their van, we waited 18 months before the court released our van as they proved they was lying and put false...

... documents in to the court. They also skipped Spain so we couldn't take out a personal claim to recoup our money which amounted to storage of the van, solicitors and translators fee. They now has lumbered us with thousands of euro's bill from the tax saying it was my husband who got all the money from them running the snack van which again is false which we will fight. We felt deflated but you have to let it go otherwise it drives you mad. There are always people that will lie, are deceitful and live off people. In the end who is the winner, you are because you have a clear mind.

Thank you for your help. So sorry to hear of your problem. Much worse than ours. Take care

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