Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Wednesday, May 13, 2015

Professionalism

It's probably some sort of jingoism on my part but I can't say I'm that impressed by the professionals that we have occasionally used here. By professionals I don't mean doctors or mechanics or plumbers or builders. They seem fine or at least just normally inept. No, I'm talking about the sort of people who work from offices and should wear suits - architects, lawyers, accountants, bank workers and the like.

A friend of ours was going through a divorce. The lawyer forgot to tell her that the divorce had been granted. Right on the ball then?

When we first got here we hired a lawyer to sort out our residence papers. We thought we could do it ourselves but to avoid hassle we paid a professional. Unfortunately the lawyer was completely unaware that the legislation was changing. He went through the tried and tested process but, by the time we went to collect the documentation, it no longer existed. We'd paid upfront. There was no talk of a refund. We did the correct paperwork ourselves.

As a part of some half hearted anti money laundering legislation everyone has to prove that they are who they say they are to their bank. This has to be done in person at a branch. The legislation was introduced in October 2010 leaving over four years for the banks to collect the information. In the last few weeks the banks have been in some sort of blue funk trying to get an extension on the implementation date at the end of April. They seemed to have forgotten to tell anyone. I read it in the press. This really is leaving your weekend homework to the school bus on Monday morning.

Last year the tax office caught up with some untaxed pension income of mine. I went to the Revenue to sort it out with my annual declaration. I wanted to correct any underpayment in previous years too but the Tax Office said that was a job for an accountant. I'd gone directly to the Tax Office because I reckoned that if they made a mistake at least it would be an "official" mistake. Anyway, following their advice I went to an accountant in the town where I was living. He told me there was no past tax liability - I was in the clear. The man did not fill me with confidence though. He used a calculator for the simplest of sums, He made lots of ooh and aah sounds as he stared at his computer screen. He kept reaching for his fags before remembering that it's no longer legal to smoke at work. He wasn't Cockburn's Port.

This year I have to have an accountant as I am self employed. The first thing my accountant did on my behalf was to register me as self employed. I knew it had happened because the Social Security confirmed it in a text message and took money from my bank account. They took 40% more than the accountant told me they would take. I heard nothing from the accountant though, not a dickie bird. When I went to see him a month or so ago I asked for the self employment registration certificate. "Oh, haven't we sent it you?," he said. 

The tax people don't seem to have forgotten that I get a UK pension. They sent me a letter offering an amnesty on any unpaid taxes on pension income to foreigners like me - no interest, no fines, just the normal payment of any unpaid back tax. My new accountant didn't seem to want to see the letter that the Tax People had sent even though I said that it talked about a new process, a special form. Unlike last year's accountant my new accountant is sure I owe the Revenue something.

Today, when I sent a WhatsApp to ask him when I might see the paperwork that they were going to submit on my behalf  he replied by phone. I've told him that I try to avoid technical phone calls in Spanish preferring emails or other written options. He told me there was a specific form that had to be completed in my case. The Tax Office need to send the form to me so that in turn I can send it on to the accountant. I presume this is the special form mentioned in the letter that he didn't want to read. Before he rang off he said he just wanted to be sure that he had my correct postal address. It was perfect except for the street, the PO box and the town.

He thinks we should leave the submission till the last possible day. That sounds like the perfect strategy to me.

Monday, June 09, 2014

On Kings

I used to work with a chap who was fond of quoting Denis Diderot “Men will never be free until the last king is strangled with the entrails of the last priest”. I worked with him over thirty years ago so it must have made an impact.

The truth is though that I'm not really bothered by what a bunch of rich toffs are up to. In fact I think it's funny that all the Royals seem quite keen to get married to non royals. At least when they were all marrying their cousins they could claim blue blood, or at least family genetic disorders. Now they're just more canon fodder for the paparazzi like any other celeb.

I must admit I always quite liked those fat ones - Andrew and Sarah. They were exactly what they should have been, a couple of Hoorah Henries going to parties or whatever it is that people with too much money and too much spare time do with their equally vacuous pals. They never tried too hard to pretend that they cared about dolphins or landmines.

An old friend said that he was surprised I hadn't blogged anything about the abdication of Juan Carlos I. Two reasons really. I've always tried to maintain the idea that this blog is about the things, the little things, that happen to me and around me in Spain and since the King stopped me giving blood he and I have not had a lot to do with each other. The second is that I don't care.

Juan Carlos has been a popular bloke. All the stuff around the transition, the way he handled himself then went down well. Also there were lots of urban myths about him helping stranded motorists, popping out to do ordinary things because he thought he was an ordinary sort of bloke. We all laughed when he told Hugo Chávez to shut up when he kept interrupting the then Spanish President in some meeting in Chile. We laughed again when we realised the ring tone on his phone was of one of the grandchildren laughing. Then a couple of years ago all sorts of stories started to pop up about his sexual dalliances particularly with a German princess, Corinna zu Sayn-Wittgenstein. (It's like some novelette isn't it?  - a German princess - does she have a hat with a spike?)  I think it was the elephant hunt that did for him though. From then on in his popularity plummeted and for the first time it was ok to have a go at the King. Just recently public opinion gave him 3.72 out of 10 against the 7.46 he scored in 1994.

Anyway. So why am I writing now. The answer is that I was shouting at the radio the other day.

The Spanish Constitution says, in article 14, that everyone is equal before the law. Later in articles 71 and 102 it gives some protections to parliamentary deputies, senators and members of the government to stop them being legally harassed. A later "organic" law dealing with the judiciary gave similar cover to various law officers. The King goes one better, he's above it all, he's untouchable. Those with protection still have to go to court but it takes a lot longer to get them there and they don't have to go along to the local courts. They generally go directly to the Supreme Court. The regional governments have done something similar for their regional deputies and  it's reckoned that there are now about 10,000 people with special judicial protection.

So, the King gives up his job and they are having to write a law to get his boy into place. When he goes lots of things change - like his daughters no longer being princesses - and he stops being above the law. A little side piece to this was that the abdication law should ensure that the present King maintains a special legal protection even when he becomes a regular citizen again. Some radio pundit was giving his very important opinion that it was imperative that this dispensation continue. "Why?" I shouted at the radio, "give me a reason!" Rich and powerful people get away with murder (hopefully not literally) anyway.

There are 1,700 officials being investigated in cases of corruption in Spain, 500 of them have been charged but only 20 people are in prison. The other day four bankers who had awarded themselves pensions of just short of 30 million euros didn't get sent to prison when they said sorry they'd been so bad and gave back the money. Rich gets have already got all the protection they need.

If the local court isn't any good then it should get fixed and if the local court is good enough for me it's good enough for him and for everyone else.


Wednesday, July 17, 2013

Preparing to die


We had a will written in the UK years and years ago. A really tall, avuncular chap did it for us. His office was like something from Dickens with big ticking clocks, overstuffed chairs, a leather trimmed desk and legal documents tied with ribbons. Leeds Day in St Ives.

Spanish inheritance law is quite keen on blood. Distant relatives outrank unmarried partners by miles. For years, several years, we have been going to get a Spanish will.

Last week we finally got to a solicitor, un abogado. The chap who talked to us wore jeans and a T shirt and looked significantly younger than some of the clothes I was wearing. There were no ticking clocks. "We're more your juvenle delinquent and petty thief office," said the boy lawyer. "One of our colleagues down in Alicante can come up and help you write a will but why don't you try the noatary? If your will isn't tricky they can do the job faster and cheaper than us."

Notary sounds really old fashioned to me. Like scriveners. Something to do with Guilds and quill pens. Notaries are busy people in Spain though. Their services are used all the time. The notary's office in Pinoso never seems to have sufficient waiting space and people lean against the walls clutching sheaves of paper.

We waded through the waiting throng and spoke above the insistent telephone to get ourselves an appointment. We didn't need the notary apparently. It was the notary's secretary for us. She started by asking for various ID documents. The rest was very strange. I think she described to us, though we may have given her some clues, more or less exactly what we had written down in our notes. We apparently want just about the most basic and straightforward will imaginable.

Our notarial representative said that she'd give us a bell when she had a first draft ready. I have high hopes that all we'll have to do is correct some of the spellings of the names and we will finally be rid of at least one of those recurring summer jobs.