Mistaken Identity Leading to Loss of Claim


This particluar blog is nothing much about anything grand in terms of a loss of identity papers or anything like that, however it something that can be equally as devastating when it comes to making a claim for your lost off-plan property deposit in Spain.

In fact, it comes from a real example in my group. I was contacted by one member to say he was surprised to have had a note from our solicitor to say that his case was not worth taking to court! This was in response to some simple questions that he had asked the Solicitor, so this was totally out of the blue for him.

However, as it was from a Solicitor he was taking it as being the truth of the situation, forgetting that people are only human and mistakes can be made. Especially since there are some solicitors dealing with a lot of people making similar claims right now. There are also the same of some very similar sounding names (surnames)… this is even the case for me when I am dealing with my group of only about 35 people at a time.

So what had happened was the solicitor had seen the email and the name was similar to another client of his (not from our development) and he responded regarding that particular situation, only to the wrong person and telling him it is best to drop his  case!

Well, at a certain point the client that had got this response contacted me to let me know before he disappeared rather disappointedly after all we had been through. When I read the email I realised that the solicitor could not possibly be talking about our situation, but to the client the lack of familiarity with these cases meant that he saw no reason to disbelieve his word!

I responded by copying in the lawyer and saying that a mistake must have been made. Indeed, the response was quite quickly a statement form the lawyer to say it had been a case of mistaking the person for another person of the same surname! Simple as that!

Well with that cleared, the mistaken identity over, the case is back on track to go to court… but could have easily have been dropped because of that!

Therefore be careful in checking anything that is important twice, at least. Be mindful that mistakes can be made and people can get mixed up for others and therefore a genuine case of misinformation can be supplied that could lead to you losing your case before it has even started!

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