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mickrick

Original Poster:

3,045 posts

61 months

[news] 
Monday 24th October 2011 quote quote all
Where someone can point the finger, and accuse you of something on thier word, without any evidence, and have you up in court within 6 months?

Been served with a denincia last week. Absolute load of tosh!

When it gets thrown out, which it will, I've a good mind to sue for damages. furious

But then I'll have all the chew of going through court again, which I thought I'd finished with, after just seeing through a 5 year case against a neighbour who thought he could bully me. frown

It's the last straw for me I'm afraid. Be carefull out there!

Chordiant

93 posts

48 months

[news] 
Monday 24th October 2011 quote quote all
It all depends what the Denuncia is for.!

Building regs? Late night partying? Barking dogs? Music too loud? Bad parking? Violence? - the list is endless.

All that a Denuncia is, is a statement to the Policia.

Get yourself a good English-speaking lawyer ASAP.

Where do you live?

mickrick

Original Poster:

3,045 posts

61 months

[news] 
Monday 24th October 2011 quote quote all
I live in Mallorca.

I have a very good lawyer.
This is for something I have supposed to have done nearly six months ago. I got three weeks notice to appear in court, and the denuncia didn't say what it was for.
The court wouldn't release the papers until I went with the Procurador to appoint my lawyer. All valuable time and at my expense.
I should have at least got a visit from the Guadia Civil or Policia Local a day or two later to answer to the accusation.

cabbron

379 posts

105 months

[news] 
Monday 24th October 2011 quote quote all
feel your pain on this,after 10 years in spain and 6 denuncias for such trivia it is laughable i do wonder about the whole court system here. its a game of roulette as to whether the right decision will be made and it is way too easy to drag somone to court through this denuncia debalicle. surely the courts have better things to make judgements on than the ste i have been accused of,i always counter denounce for defamation of character.its truly a pathetic archaic way of running the court system which is so obviously over-loaded with worthless cases that simply raise revenue and do no real good at managing the populace. at least in the much maligned uk police use a bit of common sense and sort the chaff/ridiculous before the cps do the same.the big stuff is properly corrupt in spain too- 5k will get you off anything with the right judge. shambolic thirld world pos country at times. good luck fella.

mickrick

Original Poster:

3,045 posts

61 months

[news] 
Tuesday 25th October 2011 quote quote all
Crikey! 6 in 10 years! How many of those went in your favour?

Chordiant, a denuncia is not just a statement to the police. It's made to the Guardia Civil, and they are all passed through the courts.
Dragging someone through court, accusing them of something, questioning thier honesty and integrity is a serious thing in my eyes.
Especially as my livelyhood is based on those atributes.

The worrying thing about it is, as Cabbron says, it all depends on the Judge making the right decision, and I've seen some of that justice already. It's shocking.
I had a case ruled against me after 4 years of toing and froing, where a guy in a Golf came through a give way so fast, he ripped the front suspension clean out of my 4x4. I saw him coming and had stopped!
My vehicle was badly repaired even though it should have been written off, and my full insurance policy wouldn't re-imburse the excess I had to pay to get the assesor out to look at it, even though I shouldn't have had to pay it, and I never got the money back for a hire car which I needed to carry on working. Over 4k out of pocket and a bent truck!

As I mentioned before, I've just been to court over a bullying neighbour, and that's gone on for 5 years. It actually went to court 2 years ago, but the court cocked up the papers and it went in as the wrong type of case! We had to walk away a re-apply, it took a further 2 years for the court to give us another date.

But some bh can drag me through court in less than 6 months over some totaly ficticios story!

As has been said, it's laughable. If it wasn't so serious!
Oh, and I asked my Lawyer who was going to pay my expenses if it gets thrown out. "Good question" he said......
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Chordiant

93 posts

48 months

[news] 
Tuesday 25th October 2011 quote quote all
mickrick said:
Crikey! 6 in 10 years! How many of those went in your favour?

Chordiant, a denuncia is not just a statement to the police. It's made to the Guardia Civil, and they are all passed through the courts.
Dragging someone through court, accusing them of something, questioning thier honesty and integrity is a serious thing in my eyes.
Especially as my livelyhood is based on those atributes.

The worrying thing about it is, as Cabbron says, it all depends on the Judge making the right decision, and I've seen some of that justice already. It's shocking.
I had a case ruled against me after 4 years of toing and froing, where a guy in a Golf came through a give way so fast, he ripped the front suspension clean out of my 4x4. I saw him coming and had stopped!
My vehicle was badly repaired even though it should have been written off, and my full insurance policy wouldn't re-imburse the excess I had to pay to get the assesor out to look at it, even though I shouldn't have had to pay it, and I never got the money back for a hire car which I needed to carry on working. Over 4k out of pocket and a bent truck!

As I mentioned before, I've just been to court over a bullying neighbour, and that's gone on for 5 years. It actually went to court 2 years ago, but the court cocked up the papers and it went in as the wrong type of case! We had to walk away a re-apply, it took a further 2 years for the court to give us another date.

But some bh can drag me through court in less than 6 months over some totaly ficticios story!

As has been said, it's laughable. If it wasn't so serious!
Oh, and I asked my Lawyer who was going to pay my expenses if it gets thrown out. "Good question" he said......
You seem to have had a rough time.

We are currently going through court (criminal) against a bunch of building bandits and a corrupt lawyer - a total of 125,000 euros is owed us - and increasing by the week..!!

It has been dragging on for 5 years and has only just been put through to the High Court in Cartagena. The case is quite simple - Fraud. No more, no less.

In Spain, you have to pay all legal fees upfront as there is no such thing as Legal Aid. If you haven't got the money to pay upfront - tough.! You go nowhere and loose all your money.

It's outrageous...

cabbron

379 posts

105 months

[news] 
Tuesday 25th October 2011 quote quote all
mickrick said:
Crikey! 6 in 10 years! How many of those went in your favour?

Chordiant, a denuncia is not just a statement to the police. It's made to the Guardia Civil, and they are all passed through the courts.
Dragging someone through court, accusing them of something, questioning thier honesty and integrity is a serious thing in my eyes.
Especially as my livelyhood is based on those atributes.

The worrying thing about it is, as Cabbron says, it all depends on the Judge making the right decision, and I've seen some of that justice already. It's shocking.
I had a case ruled against me after 4 years of toing and froing, where a guy in a Golf came through a give way so fast, he ripped the front suspension clean out of my 4x4. I saw him coming and had stopped!
My vehicle was badly repaired even though it should have been written off, and my full insurance policy wouldn't re-imburse the excess I had to pay to get the assesor out to look at it, even though I shouldn't have had to pay it, and I never got the money back for a hire car which I needed to carry on working. Over 4k out of pocket and a bent truck!

As I mentioned before, I've just been to court over a bullying neighbour, and that's gone on for 5 years. It actually went to court 2 years ago, but the court cocked up the papers and it went in as the wrong type of case! We had to walk away a re-apply, it took a further 2 years for the court to give us another date.

But some bh can drag me through court in less than 6 months over some totaly ficticios story!

As has been said, it's laughable. If it wasn't so serious!
Oh, and I asked my Lawyer who was going to pay my expenses if it gets thrown out. "Good question" he said......
unfortunately if you win as i understand your legal expenses still won't be covered-a big difference compared to how the uk/usa etc work. well out of the six i had i am currently ahead 4-2 and hoping thats a final score. the more i learn of the spanish legal system the more of a bad joke i think it is. you can also be held without charge/bail for upto 3 years wtf???

mickrick

Original Poster:

3,045 posts

61 months

[news] 
Saturday 5th November 2011 quote quote all
Phew! Well hopefully I've heard the last of it.
Turned up at court on Friday morning with my lawyer, and all I had to do was make a declaration to the court secertary.
The secertary, my lawyer, the Procurador, and the Translator (I speak reasonable Spanish, but for such an important thing I figured best to have a translator there)
all said don't worry, it'll more than likely go nowhere.
The court secertary even commented the woman turned up, but didn't ratify the denuncia, and seemed a bit ahem, "Strange"!
It'll go to the Judge now, but probably won't be followed up, and the case closed, and more importantly nothing against my name.

Apparently, on my way home one evening, after a beer in the port with some friends, I happened to go the same way as this person was going home after closing up her shop.
She had the evenings takings from her business with her, and reconed I'd watched her close up, and was following her home with the intention of robbing her!
There's quite a few one way streets in the Port, so it's very easy to be going the same way as the car in front!
To say she'd embelished the events must be the understaement of the century!

fking Stupid Paranoid bh!

I don't recall any of it, who would? Maybe if the useless scruffy ignorant Policia local could have been arsed to come and question me the day after, I may have recalled the events of the night before.
But as I said to the court secertary after being read my rights (that's a fking laugh! what rights?) and being asked my whereabouts on the night, if I said I knew where I was at a certain time, on a certain evening six months ago, I'd be lying, and I'm not willing to commit purgery! (She did smile)

My Lawyer says I have a very good case for suing for expenses, personal damages (I haven't slept well at all for the last three weeks) and deformation of character.
Part of me says fk her she deserves it, but I don't want to spend my life in court.
I'll walk away and get on with my life.

Back to living the dream.......

rolleyes



Edited by mickrick on Saturday 5th November 20:15

Chordiant

93 posts

48 months

[news] 
Sunday 6th November 2011 quote quote all
mickrick said:
Phew! Well hopefully I've heard the last of it.
Turned up at court on Friday morning with my lawyer, and all I had to do was make a declaration to the court secertary.
The secertary, my lawyer, the Procurador, and the Translator (I speak reasonable Spanish, but for such an important thing I figured best to have a translator there)
all said don't worry, it'll more than likely go nowhere.
The court secertary even commented the woman turned up, but didn't ratify the denuncia, and seemed a bit ahem, "Strange"!
It'll go to the Judge now, but probably won't be followed up, and the case closed, and more importantly nothing against my name.

Apparently, on my way home one evening, after a beer in the port with some friends, I happened to go the same way as this person was going home after closing up her shop.
She had the evenings takings from her business with her, and reconed I'd watched her close up, and was following her home with the intention of robbing her!
There's quite a few one way streets in the Port, so it's very easy to be going the same way as the car in front!
To say she'd embelished the events must be the understaement of the century!

fking Stupid Paranoid bh!

I don't recall any of it, who would? Maybe if the useless scruffy ignorant Policia local could have been arsed to come and question me the day after, I may have recalled the events of the night before.
But as I said to the court secertary after being read my rights (that's a fking laugh! what rights?) and being asked my whereabouts on the night, if I said I knew where I was at a certain time, on a certain evening six months ago, I'd be lying, and I'm not willing to commit purgery! (She did smile)

My Lawyer says I have a very good case for suing for expenses, personal damages (I haven't slept well at all for the last three weeks) and deformation of character.
Part of me says fk her she deserves it, but I don't want to spend my life in court.
I'll walk away and get on with my life.

Back to living the dream.......

rolleyes



Edited by mickrick on Saturday 5th November 20:15
Fingers crossed that you are right and you can just 'get on with life'.

Kneetrembler

1,693 posts

90 months

[news] 
Thursday 10th November 2011 quote quote all
Chordiant said:
You seem to have had a rough time.

We are currently going through court (criminal) against a bunch of building bandits and a corrupt lawyer - a total of 125,000 euros is owed us - and increasing by the week..!!

It has been dragging on for 5 years and has only just been put through to the High Court in Cartagena. The case is quite simple - Fraud. No more, no less.

In Spain, you have to pay all legal fees upfront as there is no such thing as Legal Aid. If you haven't got the money to pay upfront - tough.! You go nowhere and loose all your money.

It's outrageous...
I have had one ongoing against a builder in Estepona who buuilt a house for me in Guadalmina I lodged the case against him with a denuncia and Notarised photos just over 12yrs ago, 3 yrs ago the case was settled in my favour, but getting any money out of him is still difficult as he has now been found not to own anything, it is an on going nightmare.

When you look at the Spanish news and see these men/women accused of murder you wonder whether there will be any truth in the accusations and whether genuine justice will prevail.
I have no faith or respect for any of the Spanish judicial system.

mickrick

Original Poster:

3,045 posts

61 months

[news] 
Friday 20th April 2012 quote quote all
Well it's finally over. The judge has dismissed the case.
But the case is "Filed" so it's still against my name.
And it cost me 450€ for my lawyer and the procurador.
I have to let it go and get on with my life. But what stupid archaic laws!

Kneetrembler

1,693 posts

90 months

[news] 
Tuesday 1st May 2012 quote quote all
Hi Mick,


Glad that it's finally all sorted for you, all the very best for the future.

I think I am pretty lucky after all those years in Spain a lovely country with some lovely people and I was lucky enough to sell up everything in Spain at a good price and now have returned back to the Isle of Wight,I won't be returning because of the very same things that happened to you and the corrupt laws/system.
Just bought a house on this Island,with some decent beer and nice boats again.

mickrick

Original Poster:

3,045 posts

61 months

[news] 
Friday 4th May 2012 quote quote all
Thanks KT. smile
Time to move on with life and put it all behind me, although I'll be keeping my head low!

Good luck on the Isle of Widget, what will you be doing over there?
Maybe hook up sometime, as I sometimes visit my Pal in Netley.

Kneetrembler

1,693 posts

90 months

[news] 
Tuesday 15th May 2012 quote quote all
mickrick said:
Thanks KT. smile
Time to move on with life and put it all behind me, although I'll be keeping my head low!

Good luck on the Isle of Widget, what will you be doing over there?
Maybe hook up sometime, as I sometimes visit my Pal in Netley.
Just bought another house to do up first of all, then another boat of some sort or build another one.
If you are over e-mail me always a bed and a few beers.

KT

mickrick

Original Poster:

3,045 posts

61 months

[news] 
Wednesday 16th May 2012 quote quote all
beer Good luck with the house renovation. At least it should be easier to do it "Legal" wink

Kneetrembler

1,693 posts

90 months

[news] 
Thursday 24th May 2012 quote quote all
mickrick said:
beer Good luck with the house renovation. At least it should be easier to do it "Legal" wink
Yep you are right there, did some drawings,called in an Architect and by chance met up with a Structural engineer who is doing some calcs for me for a couple of beers, so looking good just waiting to see whether I need to go to planning or if it will come inside of the requirements, so fingers crossed should be up and running again.

Arrived back here just in time to spend some quality time with my old Uncle from A A Coombes before he died this week, so I was pleased to have been here in time.
Bought the house down on Fishbourne Creek with plenty of room to sort a boat out without paying any storage as well, you will be welcome anytime you are around once the work is done.
Lovely weather at the moment 24 - 27c just like being back out there.

Will have a look around end September and see what niceties are around that people don't want to store at the end of the season for a good price.

mickrick

Original Poster:

3,045 posts

61 months

[news] 
Friday 25th May 2012 quote quote all
What no sucking through teeth, paying "Cash only" for licences, and a 12 month wait, only to be told you need something else, and, "there could be a problema"? laugh

Enjoy. smile

I managed to sort my acces problem, the Mallorca way..... seeing as the judge says the size of a finca is "approximate". The "other" wall fell over! So I had to build a new one "Approximately" where the old one was.
Well bugger me! I measured my driveway again, and it was 3 meters after all! Just as my escritura says it is wink

Kneetrembler

1,693 posts

90 months

[news] 
Saturday 26th May 2012 quote quote all
mickrick said:
What no sucking through teeth, paying "Cash only" for licences, and a 12 month wait, only to be told you need something else, and, "there could be a problema"? laugh

Enjoy. smile

I managed to sort my acces problem, the Mallorca way..... seeing as the judge says the size of a finca is "approximate". The "other" wall fell over! So I had to build a new one "Approximately" where the old one was.
Well bugger me! I measured my driveway again, and it was 3 meters after all! Just as my escritura says it is wink
Excellent, the only way to do it live like a native, I am pleased the measurements and wall re-positioning has worked out for you. LOL

Off out for a pint now down the Folly & watch the world go by on the water.

Q..

2 posts

100 months

[news] 
Monday 28th May 2012 quote quote all
mickrick
I just read your post. frustrating isnt it !

I had some thing similar happen to me in Australia.
a BS report made to the police.

13 months, 3 court appearances & 23,500 EUROS !!! later, i proved my innocence furiousfuriousfurious
The kicker is, it was a trumped up traffic offence complaint.

....so Spain isn't the only place this sort of crap happens frown

mickrick

Original Poster:

3,045 posts

61 months

[news] 
Thursday 31st May 2012 quote quote all
Well once I get my workshop built, I can get a door mat made up that says "Go Away!" and I can dissapear into it and stay out of trouble.
Now, about that licence to build the workshop......rolleyes
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