British Expats

British Expats (https://britishexpats.com/forum/)
-   Portugal (https://britishexpats.com/forum/portugal-89/)
-   -   CIMAAL - Algarve arbitation service (https://britishexpats.com/forum/portugal-89/cimaal-algarve-arbitation-service-941628/)

macliam Nov 18th 2021 12:43 pm

CIMAAL - Algarve arbitation service
 
Arbitration services were set up by the Ministry of Justice to offer consumers the opportunity to arrive at a satifactory outcome in disputes. CIMAAL is the one for the Algarve, others exist elsewhere.

These arbitration services are staffed by lawyers and, if no successful agreement can be achieved, have the power to bring an action before a judge for final adjudication, with the same effect as a tribunal.

In my case, a dispute with a vendor had dragged on for over a year before I contacted CIMAAL. They took statements and evidence from myself and approached the vendor. When this had no satisfactory effect, they arranged a judgement, which was available via zoom or could be attended in person. In 75 minutes, the judge (who spoke english) exhausted any attempt at compromise and suggested a deal in my favour, that the vendor could either accept or reject and take the consequences. They accepted and I have a satifactory outcome.

A legal document covering the agreement was immediately produced, giving the vendor 2 days to refund the agreed money and fixing a date and time for them to collect the goods in question. All done and dusted and at no cost to me.

It wasn't fast, it could be a more responsive process, but it worked - so make a note of the process!



liveaboard Nov 18th 2021 1:44 pm

Re: CIMAAL - Algarve arbitation service
 
Good job, glad to hear you've had a happy outcome.
We often hear of how the PT court system is just a waste of time for small claims.
It sounds like an effort is being made to solve that problem.

macliam Nov 18th 2021 5:25 pm

Re: CIMAAL - Algarve arbitation service
 

Originally Posted by liveaboard (Post 13073208)
Good job, glad to hear you've had a happy outcome.
We often hear of how the PT court system is just a waste of time for small claims.
It sounds like an effort is being made to solve that problem.

That's why I thought to post it.

I have another case progressing through the "normal" channel..... this has been going over 5 years and has cost me quite a bit in lawyer and court fees - e.g. 1500 euros just to have a court-appointed "perito" produce a report. The first perito (€1000) did not do as tasked (!), so a second one was required at the bargain price of (€500). That was last January....... since then no sign of court or perito :unsure:.

Can you spot the difference?

liveaboard Nov 18th 2021 9:44 pm

Re: CIMAAL - Algarve arbitation service
 
A neighbor of mine swindled his partner out of 600,000 euros 30 years ago.
The case was concluded last month, with the auction of his house + land to pay it back.

I was talking to a South African who works in agriculture here; kind of guy who knows things.
I asked him why Holland can export more agricultural goods than Portugal?

The courts he told me.

Any contract dispute takes so long to settle that the contracts are basically worthless.
Distributors have become wary about working with Portuguese suppliers because of it.


m2m2012 Nov 20th 2021 11:32 pm

Re: CIMAAL - Algarve arbitation service
 

Originally Posted by macliam (Post 13073190)
Arbitration services were set up by the Ministry of Justice to offer consumers the opportunity to arrive at a satifactory outcome in disputes. CIMAAL is the one for the Algarve, others exist elsewhere.

These arbitration services are staffed by lawyers and, if no successful agreement can be achieved, have the power to bring an action before a judge for final adjudication, with the same effect as a tribunal.

In my case, a dispute with a vendor had dragged on for over a year before I contacted CIMAAL. They took statements and evidence from myself and approached the vendor. When this had no satisfactory effect, they arranged a judgement, which was available via zoom or could be attended in person. In 75 minutes, the judge (who spoke english) exhausted any attempt at compromise and suggested a deal in my favour, that the vendor could either accept or reject and take the consequences. They accepted and I have a satifactory outcome.

A legal document covering the agreement was immediately produced, giving the vendor 2 days to refund the agreed money and fixing a date and time for them to collect the goods in question. All done and dusted and at no cost to me.

It wasn't fast, it could be a more responsive process, but it worked - so make a note of the process!

Sounds a bit like the Small Claims courts/tribunals they have in the USA and Australia. Is there a euro limit amount that this court can hear?

macliam Nov 21st 2021 2:20 am

Re: CIMAAL - Algarve arbitation service
 

Originally Posted by m2m2012 (Post 13074183)
Sounds a bit like the Small Claims courts/tribunals they have in the USA and Australia. Is there a euro limit amount that this court can hear?

From memory, I think it was €30,000.

As an update to my initial post - and in contrast to anyone suggesting things in Portugal take forever - the rejected goods were collected from my apartment yesterday and the refund arrived in my account yesterday evening, both as stipulated in the document produced immediately after the hearing concluded.

The "downside" to the process is that things do seem to "black hole" at times - I find that the Portuguese are not very good at acknowledging or replying to emails. However, I learned to request an acknowledgement when writing to them and this did seem to have results. Rather like following a sat nav, you need faith that you are getting somewhere! On the other hand, the staff were helpful and the judge was very proficient - and it was FREE, which is a contrast to my experience with the case I have going through the "normal" tribunal process.

liveaboard Nov 22nd 2021 9:34 am

Re: CIMAAL - Algarve arbitation service
 

Originally Posted by macliam (Post 13074218)
, I learned to request an acknowledgement when writing to them and this did seem to have results..


That might explain why many PT companies use the "send read receipt" feature in email.


All times are GMT. The time now is 12:46 pm.

Powered by vBulletin: ©2000 - 2022, Jelsoft Enterprises Ltd.
Copyright © 2022 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.