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Help and advice needed

Posted: Thu Jul 28, 2022 12:36am
13 replies349 views6 members subscribed
bobminda123

Posts: 3

Location: Fuengirola

Joined: 28 Jul 2022

Hello everyone 


I’ve just joined and in need of some advice !



long story short is that my parents have a property and bank account in los boliches, and due to poor health and covid they have not been to Spain for 3 years - their bank caxia have suspended the account as they need to update there details - meaning I can no longer top up their account with money. My father is now bed bound and can no longer travel to update the account.


the bank will not accept my British power of attorney- I’ve even had it apostilled and stamped for use in Spain but my spainish lawyers think this may not be accepted.


I basically need to reactivate thier account or transfer the direct debits into my spainish bank account ( I’ve recently opened a account )


please can anyone help ?



Holaitsdavid

Posted: Thu Jul 28, 2022 2:53am

Holaitsdavid

Very helpful member

Posts: 1447

542 helpful points

Location: Mijas Costa

Joined: 30 Mar 2021

Posted: Thu Jul 28, 2022 2:53am

It's complex, just to explain one point, utility bills have a charge over the property, even if bills go to another person, so they have a copy of the deeds, changing name and accounts is very tricky. you can only be guided by the lawyers, hopefully they will come up with a solution. Good luck with this, will not be simple.  

bobminda123

Posted: Thu Jul 28, 2022 8:28am

bobminda123

Original Poster

Posts: 3

Location: Fuengirola

Joined: 28 Jul 2022

Posted: Thu Jul 28, 2022 8:28am

Holaitsdavid wrote on Thu Jul 28, 2022 2:53am:

It's complex, just to explain one point, utility bills have a charge over the property, even if bills go to another person, so they have a copy of the deeds, changing name and accounts is very tricky. you can only be guided by the lawyers, hopefully they will come up with a solution. Good luck wi...

...th this, will not be simple.  

Wow, so a simple switch of supplier of company wouldn’t work. 

My lawyers are struggling at the moment and the money will soon run out.


I do have the exact same name as my father so I thought I could just switch utilities into my name ?  Or contact the current providers and say I have a new bank account (ie my new one)

Jean pye

Posted: Thu Jul 28, 2022 10:57am

Posts: 121

15 helpful points

Location: La Cala De Mijas

Joined: 10 Nov 2019

Posted: Thu Jul 28, 2022 10:57am

Think I’d continue in your dads name lol

Holaitsdavid

Posted: Thu Jul 28, 2022 2:43pm

Holaitsdavid

Very helpful member

Posts: 1447

542 helpful points

Location: Mijas Costa

Joined: 30 Mar 2021

Posted: Thu Jul 28, 2022 2:43pm

Jean pye wrote on Thu Jul 28, 2022 10:57am:

Think I’d continue in your dads name lol

That might be the only they way, you cannot simply switch supplier in Spain, due to the charge over the property, unlike UK it's a country of 'no trust'. Sorting things on the phone also difficult, it's like police state, ID and papers needed all the time. back to what I said "you will be very much in the hands of the local lawyers". 

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Holaitsdavid

Posted: Thu Jul 28, 2022 2:43pm

Holaitsdavid

Very helpful member

Posts: 1447

542 helpful points

Location: Mijas Costa

Joined: 30 Mar 2021

Posted: Thu Jul 28, 2022 2:43pm

Jean pye wrote on Thu Jul 28, 2022 10:57am:

Think I’d continue in your dads name lol

That might be the only they way, you cannot simply switch supplier in Spain, due to the charge over the property, unlike UK it's a country of 'no trust'. Sorting things on the phone also difficult, it's like police state, ID and papers needed all the time. back to what I said "you will be very much in the hands of the local lawyers". 

Tworowans

Posted: Sun Jul 31, 2022 10:28am

Posts: 55

38 helpful points

Location: Álora

Joined: 23 May 2020

Posted: Sun Jul 31, 2022 10:28am

I would dump your Spanish law firm. Clearly they have been unable to provide you with meaningful advice in respect of your handicapped Dad.

You should speak to a UK based law firm which provides dual UK/Spanish legal and notary services regarding a Spanish PoA (with a Hague Apostille). They could also write to the Bank on your Dad’s behalf 

Janet1956

Posted: Wed Aug 3, 2022 11:05am

Posts: 2

Location: Benalmadena

Joined: 12 Jan 2020

Posted: Wed Aug 3, 2022 11:05am

We had a similar situation. Father in law died. Mother in law informed their bank, Banalmadina, Halifax and account was immediately suspended. They would not pay any bills. At the time we also owned a property in Costa Blanca and had an account with Halifax - Spain. We went into our  Halifax branch and they transferred all the direct debits etc onto our account. Not sure if you can possibly do this with your bank, might be worth trying.

Jimblackcats

Posted: Wed Aug 3, 2022 5:25pm

Posts: 13

7 helpful points

Location: Fuengirola

Joined: 23 Aug 2021

Posted: Wed Aug 3, 2022 5:25pm

 Im not 100% sure but you might be able to set up a joint account with Starling bank and switch the DDs to the euro account on there.  Might be worth giving them a ring.  Good luck.

Patrick8

Posted: Mon Sep 12, 2022 3:39am

Posts: 50

11 helpful points

Location: Fuengirola

Joined: 15 Dec 2018

Posted: Mon Sep 12, 2022 3:39am

About ten years ago, a bar in La Cala had a similar problem, the bar owners son carried on putting  money to his father's sccount to pay the electric bill, when he took over the bar from his very elderly father, mainly because of the problem of trying to change the account for the bar into his own name...... his father passed away, the bank stopped paying the power company and the electric was cut off.

Now you would think it would be quite simple to simply change the direct debits and/or the account to the sons name?....

Now comes the crazy but TRUE account of what the bank wanted in order to do so?

The bank wanted the deceased father to visit the bank and authorise the changeover of the account!!

When the son AGAIN explained he was DEAD the person on the counter said it does not matter... he still has to come in and authorise!

The son obviously thought there was a communication/language problem and asked myself and another fairly decent Spanish speaking person to accompany him to the bank to maybe help get the message across.... so we did.

The person on the counter, and the manager who was requested to attend, unbelievably told us the exact same as the son was told about an hour earlier!

I don't really expect you readers to believe this, and I would not, if this was told to me, but I witnessed this first hand and of course I know it is true...and even I sometimes wonder if I dreamt it all, but knowing how ridiculous things can be with Spanish red tape, and the Spanish refusal to rectify something simple I think other Brits in Spain probably have experienced crazy things like this as well?

Sadly the lawyers you pay, are as useless as the people you try to solve a simple problem with at first....

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