mikeglover

As an aside to a previous thread, when we purchased our house, we were persuaded by our agent to let them pass on the stamp duty, for which they gave us a detailed receipt. The agent kept the money and then subsequently the business folded. We know that a simple denouncement would have little effect as that is a civil case and, if lucky, we might get a few euros a month. However, a solicitor (who comes highly recomended) says that a criminal act has been committed called “apropiación indebida”. For this there is almost inevitably a prison sentence. However, to bring the case can cost about 3,000 euros !!!. We will pay this as we want justice to be done. However, is it always neccessary for victims of crime in Spain to have to pay for the case to be put together? I always thought that if a crime has been committed, you report it to the police and they investigate and take the case to court. Any clarrification would be most gratefully received.

angiescarr

Another interesting point is that if you make a Denuncia and you are sent a court date. You HAVE to appear. You can be fined for not doing so. Though if you have a good enough excuse It seems you can get away with it. But I'm not sure that the trial then goes ahead. I made a denuncia against a group of con men and the court date fell on my son's wedding.. out of the country. I wrote a letter of explanation (prepared to pay the fine if necessary) but heard nothing. I'm just glad my denuncia is added to the growing list against these heartless con-artists names. (They target old people and slightly 'green' foreigners with a gas-check con).

mikeglover

ive heard about the gas check con, some people have had to pay over hundreds of euros to these bandits. Just out of interest, did you issue a civil or criminal denouncement?

jackytoo

Spanish lawyers will promise the earth for money upfront. €3000 will only be the start of it I would write it off, hunt him down and strike on a dark night

guirijohn

Why do you not go to the police? They will be happy to tell you whether or not you can make a denuncia for nothing. You could also ask the Instituto Nacional de Consumo for advice, your agent may have defrauded others.

http://www.consumo-inc.gob.es/home.htm

http://www.cec.consumo-inc.es/seccio...bsec=&&lang=en

angiescarr

I really don't know. I think it was criminal.. I knew it was a con from half way through but I let them in because I was actually expecting someone sent by my landlord at the time. Once they had the equipment in pieces I went straight over to our ayuntamiento and the Policia local came down to talk to them. He realised it was a con too and called in the Guardia. But by that time my landlord had persuaded me to pay up. I really wished I hadn't though. Cost me 200 euros. That's a good few years ago now.