Saturday, April 9, 2011

2009-08-14-Result of Last Court Case In Madrid


Yesterday I received the paperwork from Rosario confirming the result in our favour from the case that was presented to the Supreme Court in Madrid. This was an appeal by Antonio Escudero, Enrique Rodriguez and Antonio Alacid Pardo against the judgement passed in Elche last year. The document was 12 pages of legal jargon and in Spanish, I asked Peter to translate the result and have instructed Rosario to supply us with a full translation that will be available for reading in the office at a future date.

This case was heard in the Supreme Court in Madrid and therefore no further appeals are available. 

Juan Levado, acting as Administrator for Paco's gang has requested our accounts for years 2006/7 to enable us to consolidate payments by owners. In view of this judgement from Madrid I feel the onus is on him to hand over all paperwork that he has accrued so that we can decide who has paid and to whom. I have instructed Rosario to ensure that the bank account Caja Rural is embargoed and the monies transferred into the legal account of Mi-Sol Comunidad de Propietarios at LaCaixa Bank. I believe the balance in the Caja Rural bank to be approximately €5,000.

The conditions for a resolution to this on-going problem is for all owners to pay their community fees for 2009 and due amenity bills, into LaCaixa bank and bring any official bank receipts from the Cam Bank or Caja Rural to us so that we can credit them with payments, hand written receipts will not be credited. 

It is the responsibility of those owners who paid money to Juan Levado on behalf of Antonio Escudero and received a hand written receipt to take the necessary steps to retrieve their money. According to our accounts the money owing was never paid into the legal Mi-Sol account and therefore is still outstanding. At the end of December 2009 a list of debtors will be submitted to Rosario in order to summons those who continue to live on Mi-Sol for free and at the expense of all of us that do pay.

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